Auctioneer business - apply for a licence

Teaser

Would you like to auction off third-party movable property, third-party land or third-party rights on a commercial basis? You need a licence for this. You can find out more here.

Special information for - City of Rodgau

How do I do this with the city of Rodgau?

When?

How?

  • In writing 
  • On site
    • after making an appointment by telephone
    • ADDRESS: Hans-Blöckler-Straße 1, 63110 Rodgau

What do I need for this? (documents)

  • Identity card or comparable identification document (copy)
  • Residence permit (copy) for non-EU citizens
  • Proof of the legal form of the company
    • Company headquarters in Germany:
      • Extract from the commercial register for a registered company
      • If applicable, a copy of the articles of association (e.g. for a partnership under civil law (GbR))
    • Company headquarters abroad:
      • Documents from this country that prove the legal form
  • Proof of personal reliability
    • Residence in Germany:
      • Certificate of good conduct
      • Extract from the central trade register for natural persons and, if applicable, legal entities
    • Residence abroad:
      • Documents from your home country that prove that you have the personal reliability to perform the desired service
  • Proof of orderly financial circumstances
    • Residence in Germany:
      • Extract from the debtor file
      • Certificate from the insolvency court
      • Certificate from the tax office in tax matters
    • Residence abroad:
      • Documents from your home country proving that you are living in good financial circumstances

Costs?

  • 333 € natural person
  • 388 € legal entity

General, more detailed information on this service can be found below.


  • Service description

    If you wish to auction off third-party movable property, third-party land or third-party rights on a commercial basis, you require authorisation from the competent authority. The licence may (even retrospectively) be subject to conditions if this is necessary to protect the general public, the client or the bidders.

    No authorisation is required for:

    • Sales carried out in accordance with statutory regulations by stockbrokers or by publicly authorised brokers,
    • auctions organised by public authorities or by civil servants, or
    • Auctions to which only persons who wish to bid for goods of the type offered for their business operations are admitted as bidders.

    You have a legal claim to the granting of the licence applied for, provided there are no grounds for refusal within the meaning of Section 34b (4) No. 1 or No. 2 GewO (unreliability or disorderly financial circumstances).

    Authorisation can be granted to natural and legal persons. In the case of partnerships without their own legal personality (e.g. OHG, KG), a licence is required for each managing partner; this also applies to limited partners if they have management authority and are therefore to be regarded as traders. In the case of legal entities (e.g. GmbH, AG), the licence is issued to the legal entity. With regard to the licensing requirements, the persons authorised to represent the company must be taken into account, whereby all persons authorised to represent the company must fulfil the relevant requirements.

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

  • Procedure

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

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

    You may only start the activity once you have received the licence. At the same time as starting the activity, the trade must be notified to the authority responsible for trade notifications in accordance with § 14 GewO.

  • Prerequisites

    In order to be granted authorisation, you must

    • be personally reliable,
    • have orderly financial circumstances.

  • Which documents are required?

    • Identity card or comparable identification document (copy)
    • Non-EU citizens: Residence permit (copy)

    • Proof of the legal form of the company

    • Registered office in Germany: in the case of registered companies, a current extract from the register, otherwise the articles of association or articles of incorporation
    • Company domicile abroad: Documents from this country that prove the legal form.

    • Personal reliability:

    • Residence in Germany: Certificate of good conduct for submission to an authority, information from the central trade register for submission to authorities
    • Residence abroad: Documents from your home country confirming your personal reliability to perform the desired service.

    • Orderly financial circumstances:

      • Extract from the debtor register of the central enforcement court

      • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate)

  • What fees are incurred?

    Is based on the respective administrative fee schedule of the federal state or on the fee statutes of the authorities responsible under federal state law.

  • What deadlines do I have to observe?

    The licence must be granted before the start of operations, so it is necessary to submit the application in good time (several weeks before the intended start of operations).

    If you have applied for a licence to work as an auctioneer, the licence is deemed to have been granted if the authority has not made a decision on your application within three months of receiving the complete documentation (Section 6 a (1) GewO).

    At the same time, you must notify the authority responsible for business registrations of the start of the activity.

  • Processing time

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

  • Legal basis

  • Legal remedy

    Appeal (appeal may be excluded depending on state law), administrative court action

  • What else should I know?

    The auctioneer is prohibited,

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

    2. to authorise 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 auctioned goods entrusted to him, unless a written bid has been submitted by the other person,

    4. to auction movable items from the range of goods that he carries in his commercial business, unless this is not customary,

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

    Violations of these prohibitions are punishable as an administrative offence. In addition, such infringements may also lead to the revocation of the auctioneer's licence if it can be inferred from them that the auctioneer is no longer reliable.

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

    Anyone who auctions off third-party movable property, third-party land or third-party rights without the required authorisation or violates an enforceable condition is committing an administrative offence and may be subject to a fine

  • Short text

    • Apply for an auctioneer licence
    • Trader may only operate auctioneer business with a licence; licence can be granted to natural and legal persons; licence is personal and cannot be transferred; there is a right to the licence unless there is a reason for refusal in accordance with Section 34b (4) No. 1 or No. 2 GewO
    • Competent authority: Depends on the respective state law

  • Issuing body

    Forwarding service: Deep link to the original portal

  • Typing

    2/3

  • Library entry status

    5

Responsible departments

Responsible employees