Service Finder

back

Auctioneer especially competent public appointment

Service Description

If you wish to conduct public auctions (forced pledge sales or distress sales), you need a public appointment for this. The owner of the auctioned goods has no influence on the price and the minimum bid and must be able to rely on your reliability and expertise as an auctioneer.

The appointment can be general or limited to certain types of auctions (e.g. art, machinery), as far as there is a need for auctioneer services for these. The appointment 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, without instructions and impartially.

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 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.

Who should I contact?

You submit the application for public appointment to the Thuringian State Administration Office.

Requirements

  • The applicant is a natural person.
  • Presence of the permission for auctions
  • in the case of general public appointment and swearing-in: special expertise (i.e., above-average knowledge and experience in the valuation of movable objects of the normally equipped household, as they 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 faultless 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).

Which documents are required?

  • 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
  • Proof of special expertise (documentation of work carried out, e.g. appraisals 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

What are the fees?

The amount of the fees depends on the individual case. Please inquire at the Thuringian State Administration Office.

Legal basis

Author

The text was automatically translated based on the German content per DeepL.

Technically approved by

Thuringian Ministry for Economy, Science and Digital Society

Professionally released on

23.11.2021

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

No competent authority found

Please enter your location.