Service Finder
Publicly appointed and sworn in as a particularly competent auctioneer
Service Description
If you wish to conduct legally ordered public auctions (e.g. forced pledge sales or distress sales), you require a public appointment for this. 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 will be represented in a particularly qualified manner at the auction. You must therefore prove that you have special professional knowledge and a high degree of personal reliability.
As a publicly appointed auctioneer, you are sworn to carry out your duties conscientiously, impartially and free from instructions.
The appointment can be general or limited to certain types of auctions, provided there is a need for auctioneer services. It can also be restricted in terms of content, limited in time and subject to conditions.
be associated with conditions. The appointment is valid for the whole of Germany.
The appointment can only be requested for you as a natural person and not for a company.
Process flow
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.
- On the basis of the information you provide and thethe documents submitted to determine whether you meet the requirements.fulfill the requirements.
- The competent body may also ask for references,obtain documents on the auctions carried outand obtain opinions from third parties.
- If necessary, your expertise will be checked by a specialpanel of experts.
If you fulfill the requirements for public appointmentyou will be sworn in and receive a certificate of appointmentand the notice of appointment.
Who should I contact?
The chambers of industry and commerce are responsible.
Requirements
- You have an auctioneer's license
- With a general public appointment and swearing-in:You have above-average specialist knowledge andexperience in the valuation of valuables that are typicallyare typically lent in pawnshops,such as carpets, furs, jewelry, furniture, art and householdand household goods. This is the so-called "generalspecial expertise".
- With public appointment and swearing-in for certaintypes of auctions: You can prove specialknowledge in the field for which the public appointment andpublic appointment and swearing-in has been applied for
- You are familiar with all relevant provisions of theTrade Regulations, the Auctioneers Ordinance, theCommercial Code and the Civil Code,concerning the responsibilities, rights and obligations of an auctioneer.auctioneer
- You have several years of professional experience as an auctioneer(conducting several auctions per year)
- You must have been practicing the auctioneering tradethe auctioneer's trade as particularly trustworthy.have proven themselves.
- The suitability as a publicly appointed and sworn auctioneerauctioneer must not have the slightest reservationsexist. They must demonstrate impartiality and independenceas well as compliance with the duties of a publicly appointedand sworn auctioneer and live in good financial circumstances.live in orderly financial circumstances.
- If applicable: They must have a certain minimum agespecified minimum age
Which documents are required?
- Detailed curriculum vitae
- For self-employed persons: Proof of auctioneer's license
- For employees:
- Certified copies of all relevant certificates
- Certificate of exemption from the employer
- Certificate of good conduct for submission to an authority
- Clearance certificate from the tax office
- If applicable, list of auctions held in recent years
- If applicable, information from the debtor register of the local court
- If applicable, information from the insolvency register of the local court
- Exemplary auction catalogs, if applicable
- Extract from the central trade register, if applicable
- Liability insurance, if applicable
What are the fees?
Costs are charged for the order.
Processing duration
Processing Time: 6 - 18 Months
Applications / forms
- In some federal states, an objection must first be lodged.
- Administrative court action
- Specific details can be found in the information on legal remedies in the original decision.
Appeal
- Form: Application form of the competent authority
- Written form requirement: yes
- Online procedure: no
- Personal appearance required: partly
What else should I know?
The public appointment is an additional special qualification that entitles you to conduct auctions in the special legal cases listed above.
You can also apply for a so-called auctioneer's license, which entitles you to conduct auctions in general and for which less stringent requirements apply.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry of Economics, Science and Digital Society
Professionally released on
23.11.2021
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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