Antrag auf besonders sachkundige Versteigerer Öffentliche Bestellung und Vereidigung
Inhalt
Begriffe im Kontext
- Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens
- Befähigungs- und Sachkundenachweise (2010200)
- Erlaubnisse und Genehmigungen (2010400)
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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.
- Application form
In addition to your application, you must submit the following documents:
- Identity card or passport
- curriculum vitae
- Copies of certificates
- Proof of auctioneer's license according to § 34b para. 1 GewO
- Proof of special expertise (documentation of work carried out, e.g. expert reports prepared, list of auctions held)
- Possibly confirmation of proof of special expertise by a neutral and competent body (e.g. IHK Bonn/Rhein-Sieg)
- Proof of professional liability insurance
- Clearance certificate from the tax office
- Information from the debtor register of the local court
- Information from the insolvency register of the local court
- Police clearance certificate
- business registration
- the applicant is a natural person
- Possession of a license for auctions in accordance with Section 34b (1) of the German Trade Regulation Act (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 those typically handed over to pawnshops for the purpose of lending, for example carpets, furs, jewelry, 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 Regulation Act, the Auctioneers Ordinance, the Commercial Code and the Civil Code relating to the responsibilities, rights and obligations 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 impeccable practice of the auctioneer trade.
- There must not be the slightest doubt about your suitability as a publicly appointed and sworn auctioneer. They must offer a guarantee of impartiality and independence as well as compliance with the duties of a publicly appointed and sworn auctioneer and live in good financial circumstances.
- Possibly: certain minimum age (can be determined by the authority).
Fees are charged in accordance with the Rhineland-Palatinate State Fees Act in conjunction with the State Ordinance on Fees for Economic Administration Authorities (Special List of Fees).
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 field.
The competent body will check whether you meet the requirements on the basis of the information you provide and the documents you submit.
NOTE: In order to verify your expertise, the competent body may ask for references, obtain documentation on the auctions you have conducted and obtain opinions from third parties or a specialist committee.
If you meet the requirements for public appointment, you will be sworn in and receive a certificate of appointment and the notice of appointment.
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.
The responsible authorities in Rhineland-Palatinate are The municipal administration of the independent municipality, the association municipality administration and, in independent and large cities, the city administration.
Alternatively, you can contact the Single Point of Contact in Rhineland-Palatinate.The Single Point of Contact is a public office through which you can handle all administrative procedures and formalities required for taking up and exercising your service activity and for the recognition of a foreign professional qualification. Further information can be found on the website of the Point of Single Contact.