Requesting an extension of the deadline for notification of an auction

If you wish to hold an auction, you must notify the relevant authorities.

If you wish to hold an auction, you must notify the competent authorities at least two weeks before the planned auction date.

The notification must be submitted both to the competent authority in whose district the auction is to take place and to the Chamber of Industry and Commerce in whose district the auction is to take place.

In exceptional cases, you can apply for a shortened deadline or the approval of an exception:

Reduction of the notification period of at least two weeks before the auction date, particularly in the case of perishable auctioned goods

Exemption from the obligation to have the auctioned property inspected for at least two hours (if you give the bidders sufficient opportunity to assess the auctioned property in another way)

If you apply for a shortening of the time limit or the approval of an exception, fees may apply.

No notification is required for the auction of agricultural inventory, agricultural and forestry products or livestock

Chamber of Industry and Commerce, administrative districts, independent cities, competent local authority or administration of the independent municipality

Responsibility under commercial law in Lower Saxony is determined by the Ordinance on Responsibilities in the Field of Commercial Law and Other Areas of Law (ZustVO-Wirtschaft).

Pursuant to Section 1 (1) sentence 1 in conjunction with No. 2.3 of Annex 1 to Section 1 (1) ZustVO-Wirtschaft, the following are responsible for enforcing the Auctioneers Ordinance:

Districts, independent cities, large independent cities, independent municipalities (subject to a deviating regulation in accordance with § 1 Para. 2 ZustVO-Wirtschaft)

Responsibility lies with the district, the independent city, the large independent city and the independent municipality and at the same time with the Chamber of Industry and Commerce. The municipality and the Chamber of Industry and Commerce in whose district the auction is to take place are responsible.

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To be able to register an auction with the competent authority, you must have a valid license to operate an auctioneer's business in accordance with the Trade, Commerce and Industry Regulation Act.

• Appeal (depending on national law, an appeal may be excluded),

• administrative court action

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You can start the auction if you have submitted the auctioneer's notification in good time and have not received any notification to the contrary from the competent authority before the auction date.

The trade authorities in Lower Saxony levy corresponding fees in accordance with the Ordinance on Fees and Expenses for Official Acts and Services (General Schedule of Fees - AllGO).

The amount of the fee is based on the time required.

You may only start a new auction at the location of the previous auction if the previous auction ended at least five working days ago. No auction may exceed six days. The competent authority may allow exceptions to the aforementioned time limits in individual cases, particularly in the case of property auctions, if necessary after obtaining an opinion from the local Chamber of Industry and Commerce.

Subsequent notification of individual auctioned items is possible if the requirements of the Auctioneers Ordinance are met. The subsequent registration (notification) must be made immediately.

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