Auctioneer trade - apply for permission

Would you like to auction off third-party movable property, third-party land or third-party rights on a commercial basis? You need a permit for this. You can find out more here.

If you wish to auction off movable property, land or rights belonging to third parties on a commercial basis, you must obtain permission from the competent authority. The permit may (also subsequently) be subject to conditions, insofar as this is necessary for the protection of the general public, the clients or the bidders.

Permission is not required for:

• Sales which are carried out in accordance with statutory regulations by price brokers or by the trading brokers publicly authorized to do so,
• auctions conducted by public authorities or by civil servants, or
• auctions to which only persons are admitted as bidders who wish to purchase goods of the offered type at auction for their business operations.

You have a legal claim to the granting of the requested permission, provided that no reason for refusal iSv §34b Abs.4 Nr.1 or Nr.2 GewO (unreliability or disorderly financial circumstances) is present.

Permission can be granted to natural persons and legal entities. In the case of partnerships without legal personality (e.g. OHG, KG), permission is required for each managing partner; this also applies to limited partners, provided they have management authority and are therefore to be regarded as traders. In the case of legal entities (e.g. GmbH, AG), permission is granted to the legal entity. With regard to the licensing requirements, the focus is generally on the persons authorized to represent the company, whereby all persons authorized to represent the company must fulfill 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 name to you.rem consumption exists (consumer goods).

Districts, independent cities, large independent cities and independent municipalities

County, independent cities, large independent cities and independent municipalities

not specified

In order for you to be granted permission, you must

• be personally reliable,

• have an orderly financial situation.

If the addressee (usually the applicant) has legal doubts or concerns about the decision on the permit or details thereof, these can be reviewed by way of an action for an obligation or rescission at the competent administrative court, depending on the legal nature.

In Lower Saxony, § 80 of the Lower Saxony Justice Act does not provide for preliminary proceedings. Therefore, no objection is admissible, but rather an administrative court action must be brought directly.

Once you have submitted the application and all the documents are complete, the competent body will check whether you meet all the requirements.

If you meet all the requirements, you will receive the permit.

You may only begin with the activity when you have received the permit. Simultaneously with the start of the activity, the trade must be reported to the authority responsible for trade notifications in accordance with § 14 GewO.

The application can be made informally. However, it is strongly recommended to submit the application in writing.

Fees are charged in accordance with No. 40 of Annex 1 to Section 1 (1) of the General Fee Regulations of the State of Lower Saxony (AllGO).

The auctioneer is prohibited,

1. to bid for himself or through another at his auctions or to purchase auctioned goods entrusted to him,

2. to allow relatives or his employees to bid at his auctions or to purchase auction goods entrusted to him,

3. to bid for another person at his auctions or to purchase auction goods entrusted to him, unless a written bid of the other person is available,

4. to auction movable goods from among the goods he carries in his commercial business, unless this is customary,

5. to sell by auction goods on which he has a lien or which belong to goods offered for sale in open sales outlets and which are unused or whose intended use consists in their consumption.

Violation of these prohibitions shall be punished as a misdemeanor. In addition, such violations may also lead to the revocation of the auctioneer's permit if it can be concluded from them that the auctioneer is no longer reliable.

Retailers and manufacturers of goods are generally not allowed to auction their goods to the end consumer.

Anyone who auctions movable property, real estate or rights belonging to third parties without the necessary permission, or violates an enforceable condition, is acting in breach of the law and may be fined.

Not specified

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