Auctioning business - licence
Anyone arranging for commercial auctioning of:
- third party movable objects
- third party real estate or
- third party rights
requires permission from the competent authority.
The auctioneer must not bid in the auctions on their own behalf or have a third party do so on their behalf or buy any auction items that are entrusted to them or auction goods that are part of the product range of their commercial business, unless this is a customary procedure.
Permission is not required for:
- online auctions
- Vsales arranged by official brokers pursuant to legal provisions or by publicly appointed trade brokers,
- auctions arranged by authorities or by public officials,
- auctions in which the circle of bidders is limited to individuals wishing to purchase the type of goods offered for their businesses.
In the case of business partnerships (e. g. GbR, OHG, KG), each managing partners is considered a business person. In the case of legal entities (e. G. GmbH, UG or AG) permission is granted to the legal entity.
Particularly competent auctioneers - with the exception of legal entities - may be publicly appointed by the responsible authority (in Berlin: Senate Administration for the Economy, Energy and Enterprises, department II C 4).