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Source: BUS Sachsen-Anhalt (Linie6Plus)

Apply for permission as an auctioneer

Description

If you wish to auction off movable property, land or rights belonging to third parties on a commercial basis, you must obtain permission from the competent authority. The permit may (also subsequently) be subject to conditions, insofar as this is necessary for the protection of the general public, the clients or the bidders.

Permission is not required for:

  • Sales which are carried out in accordance with statutory regulations by price brokers or by the trading brokers publicly authorized to do so,
  • auctions conducted by public authorities or by civil servants, or
  • auctions to which only persons are admitted as bidders who wish to purchase goods of the offered type at auction for their business operations.

You have a legal claim to the granting of the requested permission, provided that no reason for refusal iSv §34b Abs.4 Nr.1 or Nr.2 GewO (unreliability or disorderly financial circumstances) is present.

Permission can be granted to natural persons and legal entities. In the case of partnerships without legal personality (e.g. OHG, KG), permission is required for each managing partner; this also applies to limited partners, provided they have management authority and are therefore to be regarded as traders. In the case of legal entities (e.g. GmbH, AG), permission is granted to the legal entity. With regard to the licensing requirements, the focus is generally on the persons authorized to represent the company, whereby all persons authorized to represent the company must fulfill the relevant requirements.

The permit is personal, i.e. you cannot transfer a permit in your name to another person, nor can another person transfer a permit in his name to you.rem consumption exists (consumer goods).

special notes for District-free City Halle (Saale), Stadt

In addition to the business registration, a business license is also required for the operation of the business of an auctioneer.

In order for you to be granted permission, you must

  • be personally reliable,
  • have an orderly financial situation.
  • Identity card or comparable identification document (copy)
  • Non-EU citizens: residence permit (copy)
  • Proof of the legal form of the company

  • Company headquarters in Germany: for registered companies, current excerpt from the register, otherwise the articles of incorporation or bylaws.
  • Company domicile abroad: documents from this country proving the legal form.
  • Personal reliability:

  • Residence in Germany: certificate of good conduct for submission to a public authority, information from the central commercial register for submission to public authorities.
  • Residence abroad: documents from your home country proving personal reliability to perform the requested service.
  • Orderly financial circumstances:

    • Excerpt from the debtors' register of the central enforcement court

    • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate).
special notes for District-free City Halle (Saale), Stadt

The application may be submitted personally or by a third party, with power of attorney, upon presentation of a copy of the applicant's identity card.

Sole proprietorships

  • Completed permit application
  • Apply for a certificate of good conduct (not older than 3 months) at the registration office responsible for the place of residence (residents of the city of Halle (Saale) can submit the application in the Commercial Team)
  • information from the Central Trade Register (not older than 3 months) can be requested in the Trade Team.
  • to apply for information from the insolvency register (not older than 3 months) at the competent district court in Halle (Saale): Justice Centre
  • information from the enforcement portal (not older than 3 months), to be requested under www.vollstreckungsportal.de
  • a tax certificate (not older than 3 months or with a validity period) from the responsible tax office and the tax office of the previous place of residence/place of activity, in Halle (Saale): Tax Department of the Finance Department of the City of Halle (Saale), Schmeerstraße 1 in 06108 Halle (Saale)

Only for legal entities (GmbH, AG)

  • the same personal requirements as for a sole trader (the documents here refer to the future managing director(s)).
  • Commercial register gazette, tax clearance certificate from the tax office and information from the central trade register.

Is based on the respective administrative fee regulations of the state or on the fee statutes of the bodies responsible under state law.

special notes for District-free City Halle (Saale), Stadt

Depending on administrative costs 150,00 EUR - 550,00 EUR.

The permit must be granted before the start of operations, so a timely application (several weeks before the intended start of operations) is required.

If you have applied for a permit to operate as an auctioneer, the permit is deemed to have been granted if the authority has not made a decision on your application within a period of three months after receipt of the complete documents (Section 6a (1) of the German Trade Regulation Act).

You must notify the authority responsible for trade notifications of the start of the activity at the same time.

If the documents are complete, the application will be processed promptly.

Contact your municipality or independent city.

Once you have submitted the application and all the documents are complete, the competent body will check whether you meet all the requirements.

If you meet all the requirements, you will receive the permit.

You may only begin with the activity when you have received the permit. Simultaneously with the start of the activity, the trade must be reported to the authority responsible for trade notifications in accordance with § 14 GewO.

The auctioneer is prohibited,

1. to bid for himself or through another at his auctions or to purchase auctioned goods entrusted to him,

2. to allow relatives or his employees to bid at his auctions or to purchase auction goods entrusted to him,

3. to bid for another person at his auctions or to purchase auction goods entrusted to him, unless a written bid of the other person is available,

4. to auction movable goods from among the goods he carries in his commercial business, unless this is customary,

5. to sell by auction goods on which he has a lien or which belong to goods offered for sale in open sales outlets and which are unused or whose intended use consists in their consumption.

Violation of these prohibitions shall be punished as a misdemeanor. In addition, such violations may also lead to the revocation of the auctioneer's permit if it can be concluded from them that the auctioneer is no longer reliable.

Retailers and manufacturers of goods are generally not allowed to auction their goods to the end consumer.

Anyone who auctions movable property, real estate or rights belonging to third parties without the necessary permission, or violates an enforceable condition, is acting in breach of the law and may be fined.

special notes for District-free City Halle (Saale), Stadt

When submitting an application, 150.00 EUR must be paid by debit card during box office hours (no cash payment possible).

The remaining fee is due upon granting of permission.

The application can only be processed by the authority when all the necessary documents for the applicant are available.

special notes for District-free City Halle (Saale), Stadt

Bavarian State Ministry for Economic Affairs, Regional Development and Energy

The Chamber of Industry and Commerce (IHK) supports you.

The text was automatically translated based on the German content.

special notes for District-free City Halle (Saale), Stadt

The text was automatically translated based on the German content.

Authority
Team Gewerbe
Neustädter Passage 18
06122 Halle (Saale), Stadt
+49 345 2211405
+49 345 2211375

Mon: closed
Tue: 09:00 - 12:00 and 13:00 - 17:00
Wed: closed
Thu: 09:00 - 12:00 and 13:00 - 16:00
Fri: closed
Sat: closed
Sun: closed

elevator available, wheelchair-accessible
Remark:

Access note

Fr. Grit Günther

Position: Administrator for brokers, pawnbrokers, auctioneers, financial investment brokers, fee-based financial investment advisors, real estate loan brokers
Neustädter Passage 18
06122 Halle (Saale), Stadt
+49 345 2211409
+49 345 2211375
Administrator for brokers, pawnbrokers, auctioneers, financial investment brokers, fee-based financial investment advisors, real estate loan brokers
08.29

  • Business license - Application for a license for the following business requiring a permit - pawnbroking business

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  • Trade law, data protection notice

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