Auctioneer trade: Apply for a licence

If you wish to auction off third-party movable property, third-party land or third-party rights on a commercial basis, you require authorisation from the competent authority. The licence may (even retrospectively) be subject to conditions if this is necessary to protect the general public, the client or the bidders.

No authorisation is required for:

• Sales carried out in accordance with statutory regulations by stockbrokers or by publicly authorised brokers,
• auctions organised by public authorities or by civil servants, or
• Auctions to which only persons who wish to bid for goods of the type offered for their business operations are admitted as bidders.

You have a legal claim to the granting of the licence applied for, provided there are no grounds for refusal within the meaning of Section 34b (4) No. 1 or No. 2 GewO (unreliability or disorderly financial circumstances).

Authorisation can be granted to natural and legal persons. In the case of partnerships without their own legal personality (e.g. OHG, KG), a licence is required for each managing partner; this also applies to limited partners if they have management authority and are therefore to be regarded as traders. In the case of legal entities (e.g. GmbH, AG), the licence is issued to the legal entity. With regard to the licensing requirements, the persons authorised to represent the company must be taken into account, whereby all persons authorised to represent the company must fulfil the relevant requirements.

The licence is personal, i.e. you cannot transfer a licence in your name to another person, nor can another person transfer a licence in his or her name to you. rem consumption exists (consumer goods).

• Tariff item 207 of the Mecklenburg-Vorpommern Trade Costs Ordinance (GewKostVO M-V)
• § Section 34b of the Trade Regulation Act (GewO)
• § Section 61 in conjunction with Section 69 of the Mecklenburg-Vorpommern Functional and District Structure Reform Act (FKrG M-V)

• Identity card or comparable identification document (copy)
• Non-EU citizens: Residence permit (copy)

• Proof of the legal form of the company

• Registered office in Germany: for registered companies a current extract from the register, otherwise the articles of association or articles of incorporation
• Company domicile abroad: Documents from this country that prove the legal form.

• Personal reliability:

• Residence in Germany: Certificate of good conduct for submission to an authority, information from the central trade register for submission to authorities
• Residence abroad: Documents from your home country confirming your personal reliability to perform the desired service.

• Orderly financial circumstances:

  • Extract from the debtor register of the central enforcement court

  • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate)

In order to be granted authorisation, you must

• be personally reliable,

• have orderly financial circumstances.

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

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

You may only start the activity once you have received the licence. At the same time as starting the activity, the trade must be notified to the authority responsible for trade notifications in accordance with § 14 GewO.

• Auctioneer trade licence in Mecklenburg-Vorpommern

  Display of performance in the source portal

The trade licensing office of the independent city, the large city belonging to the district, the office or the independent municipality in which the activity is to take place is responsible for processing the application.