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Auctioneering trade; application for a license by non-EU citizens

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. Movable property also includes fruit on the stalk and wood on the trunk.

The auctioneer is generally subject to certain prohibitions. For example, he may not bid for himself or through another person at his auctions or purchase auctioned property entrusted to him or auction movable property 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 consignor must be uniformly identified
  • notify the competent authority and the Chamber of Industry and Commerce in whose district the auction is to take place in writing 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 the 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, every managing partner is a trader; in the case of legal entities, permission is granted to the legal entity.

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

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. The authorities are also authorized to enter the business premises in order to carry out inspections and visits.

In addition to obtaining a permit, you must also register the business with the responsible municipality.

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

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

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, on the basis of the foreigner's previous residence, it can be assumed that the aforementioned certificates and evidence no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be dispensed with.

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.

  • for non-EU citizens: residence permit that allows self-employment
  • Valid identity card or passport
  • 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

  • proof of financial standing
    Certificate of exemption from insolvency from the home state and, if applicable, information on entries in the register to be kept by the insolvency court or the enforcement court (section 26 subs. 2 Insolvency Code, section 915 Code of Civil Procedure)
  • 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
  • for registered companies, civil law companies and limited liability companies:
    • for registered companies: Commercial register excerpt 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 the process of formation: a copy of the notarial formation agreement and a power of attorney from the founders, according to which the commencement of the trade is to be commenced prior to the entry in the commercial register.

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

Status: 09.04.2025
Editorial responsibility Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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