If you wish to auction off another person’s movable property, real property, or rights on a commercial basis, you must obtain a permit from the competent authority. The permit may be subject to conditions (including retroactively) to the extent necessary to protect the general public, the client, or the bidders.

No permit is required for:

• Sales conducted in accordance with statutory provisions by stockbrokers or by commercial brokers publicly authorized for this purpose,
• Auctions conducted by government agencies or public officials, or
• Auctions in which only persons who intend to purchase goods of the type offered for their business operations are admitted as bidders.

You have a legal right to be granted the requested permit, provided there are no grounds for denial within the meaning of §34b(4)(1) or (2) of the German Trade Regulation Act (GewO) (unreliability or disordered financial circumstances).

The permit may be granted to natural persons and legal entities. In the case of partnerships without separate legal personality (e.g., OHG, KG), a permit is required for each managing partner; this also applies to limited partners, provided they have management authority and are thus considered business operators. In the case of legal entities (e.g., GmbH, AG), the permit is issued to the legal entity. With regard to the eligibility requirements, the persons authorized to represent the entity are generally the determining factor, and all such persons must meet the relevant requirements.

The license is personal, meaning you may not transfer a license issued in your name to another person, nor may another person transfer a license issued in their name to you. where there is consumer use (consumer goods).

• Identity card or comparable form of identification (copy)
• Non-EU citizens: Residence permit (copy)
• Proof of the company’s legal form
  • Company headquarters in Germany:
    • Extract from the commercial register for a registered company
    • If applicable, a copy of the articles of association (e.g., for a civil law partnership (GbR))
  • Company headquarters abroad: Documents from that country verifying the legal form
• Proof of personal reliability
  • Residence in Germany:
    • Certificate of Good Conduct
    • Extract from the Central Trade Register for individuals and, if applicable, legal entities
  • Residence abroad: Documents from your home country proving that you possess the personal reliability required to perform the desired service
  • In individual cases, the authority may request additional documents that are suitable for assessing your personal reliability as an applicant.
• Proof of sound financial standing
  • Residence in Germany:
    • Extract from the debtors’ registry
    • Certificate from the bankruptcy court
    • Certificate from the tax office regarding tax matters
  • Residence abroad: Documents from your home country proving that your financial circumstances are in order

The permit must be issued before operations begin; therefore, it is necessary to submit the application in a timely manner (several weeks before the intended start of operations).

If you have applied for a license to work as an auctioneer, the license is deemed to have been granted if the authority has not decided on your application within three months of receiving the complete documentation (§ 6a(1) GewO).

You must simultaneously notify the authority responsible for business registrations of the start of your activities.