Particularly competent auctioneers Public appointment and swearing-in

If you want to conduct public auctions, you need a public appointment for this.

If you wish to conduct public auctions (forced lien sales or distress sales), you require a public appointment for this. The owner of the auctioned property has no influence on the price and the minimum bid and must therefore be able to rely on the fact that his property interests are safeguarded in a particularly qualified manner at the auction.

The appointment can be general or limited to certain types of auctions, insofar as there is a need for auctioneer services for these. It can also be restricted in terms of content, limited in time and subject to conditions. The appointment is valid for the whole of Germany.

As a publicly appointed auctioneer, you are sworn to perform your duties conscientiously, impartially and free from instructions.

Responsibility lies with the Chamber of Industry and Commerce in whose district the activity is to be carried out

GThe responsibility lies with the Chamber of Industry and Commerce in whose district the activity is to be carried out.

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• the applicant is a natural person
• Existence of the permission for auctions according to § 34b Abs.1 trade regulations (GewO)
• in the case of general public appointment and swearing-in: special expertise (i.e. above-average specialist knowledge and experience in the valuation of movable objects of the normally equipped household, such as are typically handed over to pawnshops for the purpose of lending, e.g. carpets, furs, jewellery, furniture, art and household effects)
• in the case of public appointment and swearing-in for certain types of auctions: Proof of special knowledge in the field for which the public appointment and swearing-in has been applied for.
• knowledge of all relevant provisions of the Trade, Commerce and Industry Regulation Act, the Auctioneers' Ordinance, the Commercial Code and the Civil Code concerning the responsibilities, rights and duties of an auctioneer
• several years of professional experience as an auctioneer (conducting several auctions per year)
• You must have proven yourself to be particularly trustworthy in several years of faultless practice of the auctioneer's trade.
• There must not be the slightest doubts about your suitability as a publicly appointed and sworn auctioneer. They must guarantee impartiality and independence as well as compliance with the duties of a publicly appointed and sworn auctioneer and live in orderly financial circumstances.
• possibly: certain minimum age (may be set by the authority).

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You apply for your public appointment in writing, stating whether you wish to be appointed generally or only for certain types of auctions, i.e. for a specific subject area.

The competent body will check whether you meet the requirements on the basis of the information you have provided and the documents submitted.

NOTE: In order to verify your expertise, the competent body may ask for references, obtain documentation on auctions conducted and obtain opinions from third parties or a panel of experts.

If you meet the requirements for the public appointment, you will be sworn in and receive a certificate of appointment and the notice of appointment.

6 - 18 month(s)

Fees are charged in accordance with the fee schedules of the Chambers of Industry and Commerce.

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