Licence to carry out the auctioneer trade
Anyone who wants to auction off commercially foreign movable property, third-party land or third-party rights requires the permission of the competent authority.
Permission shall be refused if:
1.facts justify the assumption that the applicant does not have the reliability required for the business; as a rule, anyone who has been finally sentenced to imprisonment in the last five years prior to the filing of the application for a crime or for theft, embezzlement, extortion, fraud, embezzlement, money laundering, forgery of documents, stealing, usury or for offences against the law against unfair competition does not have the necessary reliability, or
2.the applicant lives in disorderly financial circumstances; this is usually the case if insolvency proceedings have been opened against the applicant's assets or if he is entered in the register to be kept by the enforcement court.
§ 26 (2) of the Insolvency Code
Section 882b of the Code of Civil Procedure
- current extract from the commercial or cooperative register, if the company is entered in the register
- Police certificate of good conduct for submission to an authority
- Information from the Central Trade Register for submission to an authority for the applicant and, if necessary, for the legal representatives
- Information on entries in the debtor register of the district court(s) in whose district there has been a place of residence in the last three years
- Information on entries in the insolvency register of the district court(s) in whose district a place of residence has existed in the last five years, as well as a declaration by the competent local court as to whether insolvency proceedings have been opened
- if applicable, clearance certificate from the responsible tax office
- Proof of the funds or securities required for the business operation
Please note that this count is not exhaustive; it is therefore recommended to inform yourself in good time with the competent authority.
If there are no grounds for refusal, there is a legal claim to the granting of the permit. The permit to practice the auctioneer trade is valid nationwide. Natural persons and legal persons are entitled to apply and are subject to application.
§ 34 b Industrial Code
Ordinance on Commercial Auctions (Auctioneer Ordinance - VerstV)
§ 26 Insolvency Code (InsO)
§ 882b Code of Civil Procedure (ZPO)
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