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Auctioneer trade; application for a license

If you want to auction off third-party movable property, third-party land or third-party rights on a commercial basis, you need a permit.

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Procedure details

The auctioning of third-party movable property, third-party land or third-party rights is subject to authorization.

The auctioneer is generally subject to certain prohibitions, e.g. he may not bid for himself or through another person at his auctions or purchase auctioned items entrusted to him or auction movable items from the range of goods that he carries in his commercial business, unless this is customary.

Furthermore, the auctioneer is subject to the requirements of the Auctioneers Ordinance (VerstV) when practicing his trade, e.g. he must

  • prepare a list of the items to be auctioned no later than two weeks before the auction, in which the auctioned items of each client must be uniformly identified
  • notify the competent authority in writing or electronically of each auction at least two weeks before the planned auction date, stating the place and time of the auction and the type of goods to be auctioned
  • provide an opportunity to inspect the goods to be auctioned for at least two hours
  • keep a record of each auction order and its execution

In the case of partnerships, each managing partner is a trader; in the case of legal entities, permission is granted to the legal entity.

Auctioneers with special expertise, with the exception of legal entities, can be publicly appointed by the competent authority (see "Related topics").

When assessing the required special expertise, training and qualification certificates issued in the country of origin must also be recognized. If the applicant is authorized to conduct auctions in the country of origin,

  • which are reserved there for persons who have a level of expertise essentially equivalent to the special expertise, or
  • has worked full-time as an expert auctioneer for two of the last ten years and the evidence submitted shows that the applicant has above-average expertise that essentially corresponds to the special expertise under Section 34 b (5) GewO,

his expertise shall be recognized.

In the event of significant deviations in the content of the applicant's previous training or activities from the content of § 34b Para. 5 GewO, the applicant may be required to take an aptitude test or an adaptation course at his discretion.

The authorities have rights of information and inspection vis-à-vis traders. At the request of the authorities, the parties concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and visits.

In addition to obtaining a permit, the business must be registered with the responsible municipality.

Permit requirements are reliability and orderly financial circumstances of the trader.

The applicant's reliability is checked on the basis of a certificate of good conduct for authorities and information from the central trade register.

The applicant's orderly financial circumstances are determined on the basis of information on entries in the register kept by the insolvency court or the enforcement court.

Permit for EU citizens

The trader's reliability and financial circumstances are checked on the basis of documents issued in the country of origin which prove that the requirements for reliability and orderly financial circumstances are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they can be replaced by an affirmation in lieu of an oath by the trader or comparable acts under the law of the country of origin.

When applying for public appointment, proof of training and qualifications from the country of origin must be submitted. An aptitude test or an adaptation period may be required.

Permit for non-EU citizens

In principle, a residence permit is required that allows self-employment.

With regard to reliability, applicants are generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of their home country or an equivalent document and/or a certificate of good conduct for authorities and information from the central trade register. If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.

The orderly financial circumstances are determined on the basis of a certificate of freedom from insolvency from the home country and, if applicable, on the basis of information on entries in the register to be kept by the insolvency court or the enforcement court.

  • Valid identity card or passport
  • Proof of orderly financial circumstances
    Information on entries in the register kept by the insolvency court or the enforcement court (Section 26 (2) Insolvency Code, Section 915 Civil Procedure Code)
  • Proof of reliability: Certificate of good conduct for public authorities (§ 30 Para. 5 Federal Central Register Act) and information from the Central Trade Register (§ 150 Para. 5 GewO)
  • in the case of a power of attorney: a written power of attorney and identification of the grantor of the power of attorney and the authorized representative
  • Documents for property developers and construction supervisors for registered companies, civil law companies and limited liability companies in formation:
    • for registered companies (e.g. GmbH): extract from the commercial register or comparable registration documents from abroad (with German translation),
    • for companies under civil law: articles of association,
    • for a GmbH in formation: Copy of the notarized articles of incorporation and a power of attorney from the founders stating that the business is to commence before entry in the commercial register.
  • for EU citizens: proof of good repute from the country of origin in the form of a certified copy and a certified German translation;
    Replacement by affidavit in lieu of oath or comparable acts, if applicable
  • for EU citizens: proof of orderly financial circumstances
    from the country of origin as a certified copy and certified German translation and, if applicable, information from the insolvency court on freedom from insolvency, information from the debtor register of the central enforcement courts (Section 26 (2) of the Insolvency Code, Sections 882b et seq. of the Code of Civil Procedure), if applicable, replacement by an affidavit in lieu of an oath or similar acts
  • for EU citizens: documents for auctioneers with a registered company, civil law partnership or limited liability company in formation

    In the case of registered companies (e.g. GmbH), extract from the commercial register or comparable registration documents from abroad (with German translation) in the case of companies under civil law, articles of association in the case of a GmbH in formation: Copy of the notarized articles of incorporation and a power of attorney from the founders stating that the business is to commence prior to entry in the commercial register

  • for EU citizens applying for public appointment: proof of training and qualifications from the country of origin; proof of aptitude test or adaptation period, if applicable
  • for non-EU citizens: residence permit that allows self-employment
  • for non-EU citizens: proof of good repute

    Official certificate of good conduct or good character or extract from the criminal record of the home country or an equivalent document and/or a certificate of good conduct for authorities and information from the central trade register

  • for non-EU citizens: proof of orderly financial circumstances
    Certificate of freedom from insolvency from the home country and, if applicable, information on entries in the register to be kept by the insolvency court or the enforcement court (Section 26 (2) Insolvency Code, Section 915 Civil Procedure Code)

You must apply for the permit in writing to the competent authority.

Permit: 50 to 1,000 euros in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/13.1)

Duration of the procedure: approx. 3 - 5 weeks

Administrative court action

Status: 23.09.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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