Apply for public appointment as an auctioneer
Description
If you wish to hold public auctions (forced lien sales or distress sales), you need a public appointment for this purpose. The owner of the auctioned property 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 safeguarded in a particularly qualified manner at the auction.
The order may be pronounced in general or limited to certain types of auctions, as far as there is a need for auctioneer services for these. It may also be limited in content, limited in time and subject to conditions. The appointment is valid for the whole of Germany.
As publicly appointed auctioneers, you are sworn to perform your duties conscientiously, free from instructions and impartially.
- the applicant is a natural person
- Existence of the permission for auctions according to § 34b Abs.1 trade regulations (GewO)
- in the case of general public appointment and swearing-in: special expertise (i.e. above-average specialist knowledge and experience in the valuation of movable items of the normally equipped household, such as are typically handed over to pawnshops for the purpose of lending, e.g. carpets, furs, jewelry, furniture, art and household effects)
- In 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 has been applied for.
- knowledge of all relevant provisions of the Trade, Commerce and Industry Regulation Act, the Auctioneers' Ordinance, the Commercial Code and the Civil Code concerning the responsibilities, rights and duties of an auctioneer
- several years of professional experience as an auctioneer (conducting several auctions per year)
- You must have proven yourself to be particularly trustworthy in several years of flawless practice of the auctioneer's trade.
- There must not be the slightest doubts about your suitability as a publicly appointed and sworn auctioneer. They must offer 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 circumstances.
- possibly: certain minimum age (may be set 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 license according to § 34b Abs.1 GewO (German Trade Regulation Act)
- Proof of special expertise (documentation of work carried out, e.g. expert opinions prepared, list of auctions held)
- Possibly confirmation of the proof of special expertise by a neutral and competent body (e.g. IHK Bonn/Rhein-Sieg)
- Proof of professional liability insurance taken out
- Certificate of no objection from the tax office
- Information from the debtors' register of the local court
- Information from the insolvency register of the local court
- certificate of good conduct from the police
- Business registration
There will be a charge for the order.
State Administration Office
You apply for your public appointment in writing, stating whether you wish to be appointed generally or only for certain types of auctions, i.e. for a specific subject area.
The competent body will check whether you meet the requirements on the basis of the information you have provided and the documents submitted.
NOTE: In order to verify your expertise, the competent body may ask for references, obtain documentation on auctions conducted and obtain opinions from third parties or a panel of experts.
If you meet the requirements for the public appointment, you will be sworn in and receive a certificate of appointment and the notice of appointment.
No technical release
The text was automatically translated based on the German content.
