Auctioneer: Application for public appointment and swearing-in

  • Service description

    As a particularly competent auctioneer, you can be publicly appointed and sworn in.

    The order can be issued generally or limited to certain types of auctions, provided there is a need for auction services for these. It may also be limited in content, limited in time and subject to conditions. The authorisation is valid for the entire federal territory.

    As publicly appointed auctioneers, you are sworn to fulfil your duties conscientiously, impartially and free from instructions.

  • Procedure

    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 field.

    The competent body will check whether you fulfil the requirements on the basis of your details and the documents submitted.

    Note: In order to verify expertise, the competent body may obtain references, ask for documentation on the auctions carried out and obtain opinions from third parties or a panel of experts.

    If you fulfil the requirements for public appointment, you will be sworn in and receive a certificate of appointment and the notice of appointment.

  • Prerequisites

    • the applicant is a natural person
    • Possession of a licence for auctions in accordance with Section 34b (1) of the Trade, Commerce and Industry Regulation Act (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 objects of the normally equipped household, such as those typically handed over to pawnshops for the purpose of lending, for example carpets, furs, jewellery, furniture, art and household effects)
    • in the 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 Regulation Act, the Auctioneers 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 themselves to be particularly trustworthy in several years of flawless practice of the auctioneer trade.
    • There must not be the slightest objection to their suitability as a publicly appointed and sworn auctioneer. They must offer a guarantee of impartiality and independence as well as compliance with the duties of a publicly appointed and sworn auctioneer and live in orderly financial circumstances.
    • possibly: certain minimum age (can be determined by the authority).

  • Which documents are required?

    • Application

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

    • Identity card or passport
    • Copies of certificates
    • Proof of auctioneer licence in accordance with § 34b para. 1 GewO
    • Proof of special expertise (documentation of work carried out, e.g. expert reports prepared, list of auctions held)
    • Possibly confirmation of proof of special expertise by a neutral and competent body (e.g. IHK Bonn/Rhein-Sieg)
    • Certificate from the competent tax office in tax matters
    • Information from the debtor register of the local court in whose district the applicant has been resident or had a business establishment for the last 3 years
    • Information from the enforcement portal of the district court of Hünfeld
    • police clearance certificate
    • Business registration

  • What fees are incurred?

    306,00 Euro

  • Legal basis

  • Typing

    2/3

Who should I contact?

To the trade authority of the district-free city or district in which the auctioneer has his or her place of residence or place of business.

Responsible departments