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

Permission is not required for

• Sales carried out in accordance with statutory regulations by stockbrokers or by publicly authorized brokers,
• auctions conducted 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 requested permit, provided that there are no grounds for refusal within the meaning of Section 34b (4) No. 1 or No. 2 GewO (unreliability or disorderly financial circumstances).

The license can be granted to natural and legal persons. In the case of partnerships without their own legal personality (e.g. OHG, KG), a permit 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 license is issued to the legal entity. The licensing requirements are generally based on the persons authorized to represent the company, whereby all persons authorized to represent the company must meet the relevant requirements.

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

• 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:
    • 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))
  • Registered office abroad: documents from this country proving 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 are personally reliable to perform the desired service
  • In individual cases, the authority may request further documents that are suitable for making a statement about your personal reliability as an applicant.
• Proof of orderly financial circumstances
  • Residence in Germany:
    • Extract from the debtor register
    • Certificate from the insolvency court
    • Certificate from the tax office in tax matters
  • Residence abroad: Documents from your home country proving that you live in orderly financial circumstances

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

If you have applied for a license to operate 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 (Section 6 a (1) GewO).

At the same time, you must notify the authority responsible for trade notifications of the start of your activity.