Particularly competent auctioneers - apply for public appointment and swearing-in

• You are a professional auctioneer with a corresponding permit from the competent authority or are employed by such a person. Legal entities cannot be publicly appointed.
• if you are applying for public appointment in general: special expertise. Special expertise means above-average specialist knowledge and experience in the most important specialist areas of the auctioneering trade (carpets, furs, jewelry, furniture, art, household effects)
• if you are applying for public appointment for only certain types of auctions: proof of special knowledge in the areas applied for
• several years of professional experience as an auctioneer. You should have conducted several auctions per year in the areas you have specified
• Knowledge of the provisions relating to the responsibilities, rights and obligations of auctioneers in
  • the Trade Regulations,
  • the Auctioneers Ordinance,
  • the Commercial Code and
  • the German Civil Code.
• have practiced the auctioneering trade for several years without any problems and are particularly trustworthy. You must guarantee impartiality and independence as well as compliance with the duties of publicly appointed auctioneers.

In addition to these requirements, you may have to have reached a certain minimum age. The determination is at the discretion of the competent body.

If you apply for public appointment for only certain types of auctions, there must be a need to conduct public auctions in the areas you specify (e.g. works of art or carpets); this must be checked by the competent body.

You can submit the application in writing or, if the competent body provides access, electronically. You can also submit the application via the network of single points of contact.

It will check whether you meet the requirements based on the information you provide and the documents you submit. If this is the case, you will be appointed and sworn in to perform your duties conscientiously, impartially and free from instructions. You will receive a certificate of public appointment.

Note: In order to verify the required expertise, the competent body may present you to a neutral and expert committee which, after an interview or a review of your knowledge, will issue a vote in writing on the existence of the special expertise. This usually takes place at the relevant Chamber of Industry and Commerce.

Your public appointment is valid for the whole of Germany. The competent authority can either issue it generally or limit it to certain types of auctions (e.g. works of art or carpets), provided that there is a need to conduct public auctions for these. It can also attach conditions to the order.

•  § Section 34b (5) of the Trade, Commerce and Industry Regulation Act (GewO) (opens in a new tab)
•  Ordinance on Commercial Auctions (Auction Ordinance - VerstV) (opens in a new tab)
•  § Section 3a (1) of the State Administrative Procedure Act (LVwVfG) (electronic communication) (Note (opens in a new tab)
• § Section 6b (1) GewO (opens in a new tab) and  Section 71a et seq. LVwVfG (opens in a new tab) in conjunction with  Sections 1 et seq. of the Act on Single Points of Contact for the State of Baden-Württemberg (EAG BW) (opens in a new tab) (procedure via a single body, single points of contact)