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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a public appointment as an auctioneer

Description

If you want to carry out public auctions (forced pawn sales or emergency sales), you will need a public order. The owner of the auctioned goods has no influence on the price and the minimum bid and must therefore be able to rely on the fact that his property interests are represented in a particularly qualified manner at the auction.

The order may be placed in general or limited to certain types of auctions, insofar as there is a need for auctioneer services for these. It can also be limited in content, provided with a time limit and attached with conditions. The order is valid for the entire Federal territory.

As a publicly appointed auctioneer, you will be sworn in to the fact that you perform your duties conscientiously, without instructions and impartially.

You request your public order in writing, indicating whether you wish to be ordered in general or only for certain types of auctions, i.e. for a specific subject area.

The competent authority will check whether you meet the requirements on the basis of your information and the documents submitted.

NOTE: In order to verify expertise, the competent body may obtain references, obtain documents on the auctions carried out and obtain comments from third parties or a panel of experts.

If you meet the requirements for the public order, you will be sworn in and receive an order certificate and the order notice.

State Administration Office

  • the applicant is a natural person
  • Existence of the permit for auctions according to § 34b Abs.1 Gewerbeordnung (GewO)
  • in the case of general public appointment and swearing-in: special expertise (i.e. above-average expertise and experience in the valuation of movable objects of the normally equipped household, as they are typically handed over to pawn shops 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 public appointment and swearing-in has been requested
  • Knowledge of all relevant provisions of the Industrial Code, the Auctioneer Ordinance, the Commercial Code and the Civil Code concerning the responsibilities, rights and obligations of an auctioneer
  • several years of professional experience as an auctioneer (several auctions per year)
  • They must have proven to be particularly trustworthy in the successful exercise of the auctioneer business over several years.
  • There must not be the slightest objection to its suitability as a publicly appointed and sworn auctioneer. They must guarantee the impartiality and independence as well as compliance with the obligations of a publicly appointed and sworn auctioneer and live in orderly economic conditions.
  • possibly: certain minimum age (can be determined by the authority).
  • Application

In addition to your application, you must submit the following documents:

  • Identity card or passport
  • Curriculum vitae
  • Transcripts of certificates
  • Proof of the auctioneer's permit according to § 34b Abs.1 GewO
  • Proof of special expertise (documentation of work carried out, e.g. expert opinions prepared, list of auctions carried out)
  • possibly confirmation of proof of special competence by a neutral and knowledgeable committee (e.g. IHK Bonn/Rhein-Sieg)
  • Proof of professional indemnity insurance
  • Clearance certificate from the tax office
  • Information from the debtor register of the district court
  • Information from the insolvency register of the district court
  • Police clearance certificate
  • Business registration

Costs will be charged for the order.

The text was automatically translated based on the German content.

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