Particularly knowledgeable auctioneers Public order and swearing-in Unfortunately this specification of service has not yet been completely translated.
Specially knowledgeable auctioneers may be ordered by the public on request from the competent authority.
- Identity card or passport
- Copies of certificates
- Proof of auctioneer's licence in accordance with Section 34b (1) of the Commercial Code (GewO)
Evidence of special expertise
- Documentation of performed work, e.g. expert reports, list of auctions carried out
- possible confirmation of proof of special expertise by a neutral and competent body (e.B. Ihk Bonn/Rhein-Sieg)
- Proof of professional inertial insurance
- Certificate of safety from the tax office
- Information from the debtor register of the district court
- Information from the insolvency register of the district court
- police certificate of leadership
for non-EU nationals:
- Where applicable, residence permits
In the event of prior written notification of a temporary exercise of the auctioneer's activity as a particularly knowledgeable auctioneer (Section 13a of the Commercial Code (GewO) within the scope of the GewO by nationals of a Member State of the EU or of a Contracting State of the Agreement on the European Economic Area, if they are lawfully established in one of those States for the exercise of the auctioneer's activity:
- Proof of nationality (e.B. by identity card or passport)
- Proof of lawful establishment for the exercise of auctioneer activity in one of the said States
- Proof that the exercise of these activities is not prohibited, even temporarily
- Proof that there are no criminal records
- Documents from the State of establishment demonstrating personal reliability for the pursuit of the auctioneer business
- Proof of professional qualification where the activity of the auctioneer trade is also linked to the possession of certain professional qualifications in the State of establishment
- otherwise proof that an auctioneer has been carried out in the State of establishment for at least two years in the previous ten years
- Proof of insurance cover or any other form of individual or collective protection in relation to professional liability
Section 34b (1) Trade Code (GewO)
Applicant is a (commercially active) natural person or employee of auctioneers
- The application cannot be made by legal persons.
- Approval for auctions in accordance with Section 34b (1) of the Commercial Code (GewO)
in the case of general public appointment and swearing-in:
- special expertise
- above-average expertise and experience in the assessment of movable objects of the normally equipped household, typically handed over to pawnshops for the purpose of lending, such as carpets, furs, jewellery, furniture, art and household goods
in the case of public appointment and swearing-in for certain types of auctions:
- Proof of special knowledge in the field for which the public appointment and swearing-in was requested
- Knowledge of all relevant provisions of the GewO, the Auctioneers Ordinance (VerstV), the Commercial Code (HGB) and the Civil Code (BGB) concerning the competences, rights and obligations of an auctioneer
- several years of professional experience as auctioneers (several auctions per year)
Applicant must have proved to be particularly trustworthy in the proper exercise of the auctioneer business for several years
- There must be no objection to suitability as a publicly appointed and sworn auctioneer. He or she must provide the guarantee of impartiality and independence as well as compliance with the duties of a publicly appointed and sworn auctioneer and live in orderly economic conditions.
Auctioneers Ordinance (VerstV)
Section 34b Trade Code (GewO)
Commercial Code (HGB)
Civil Code (BGB)
Section 34b paragraph 5 Commercial Code (GewO)
The application for a public order should be made in writing. It is necessary to indicate whether the applicant wishes to be appointed in general or only for certain types of auctions, i.e. for a specific subject area.
The competent authority shall verify, on the basis of this information and the documents submitted, whether the applicant fulfils the conditions.
In order to verify the expertise, the competent body may obtain references, obtain documents on the auctions carried out and seek comments from third parties or a specialist body. If the applicant meets the requirements for the public appointment, he or she will be sworn in and will receive an order certificate and the order notice.
The order may be pronounced in general or limited to certain types of auctions, insofar as there is a need for auctionservices. It may also be limited in content, limited in time limit and subject to conditions. The order is valid for the entire federal territory. Publicly appointed auctioneers must be sworn in to perform their duties conscientiously, without instructions and impartially.
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