Auctioneer: Permission

If you wish to auction off third-party movable property, real estate, or rights on a commercial basis, you must obtain permission from the competent authority. The permit may be subject to conditions (including retroactively) to the extent necessary to protect the general public, the client, or the bidders.

No permit is required for:

• Sales conducted in accordance with statutory provisions by stockbrokers or by commercial brokers publicly authorized for this purpose,
• Auctions conducted by government agencies or public officials, or
• Auctions in which only persons who intend to purchase goods of the type offered for their business operations are admitted as bidders.

You have a legal right to be granted the requested permit, provided there are no grounds for denial within the meaning of §34b(4)(1) or (2) of the German Trade Regulation Act (GewO) (unreliability or disordered financial circumstances).

The permit may be granted to natural persons and legal entities. In the case of partnerships without separate legal personality (e.g., OHG, KG), a permit is required for each managing partner; this also applies to limited partners, provided they have management authority and are therefore considered business operators. In the case of legal entities (e.g., GmbH, AG), the permit is granted to the legal entity. With regard to the eligibility requirements, the persons authorized to represent the entity must generally be taken into account, and all such persons must meet the relevant requirements.

The license is personal, meaning you may not transfer a license issued in your name to another person, nor may another person transfer a license issued in their name to you. where there is consumer use (consumer goods).

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

• Proof of the company’s legal form

• Company headquarters in Germany: for registered companies, a current extract from the commercial register; otherwise, the articles of association or bylaws
• Company headquarters abroad: documents from that country proving the legal form.

• Personal reliability:   

• Residence in Germany: Certificate of Good Conduct for submission to a government agency; information from the Central Trade Register for submission to government agencies
• Residence abroad: Documents from your home country attesting to your personal reliability for the performance of the desired service.

• Sound financial standing:  

  • Extract from the debtor registry of the Central Enforcement Court

  • Information from the insolvency court regarding whether insolvency proceedings have been initiated (so-called “negative certificate”)

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.

Fees of up to 1,500.00 euros are due.

The permit must be granted before operations begin; therefore, it is necessary to submit the application in a timely manner (several weeks before the intended start of operations).

If you have applied for a license to work as an auctioneer, the license 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 (§ 6a(1) GewO).

You must simultaneously notify the authority responsible for business registrations of the start of your activities.