A licence is required for an individual to act as an auctioneer in terms
of the Auctioneers Act Cap. 342. This is issued by the Trade Licences Unit, within the Commerce Department in accordance with the Trading Licences Regulations SL117.04.
An application for an auctioneer
can be made electronically. Applications will be vetted against the general eligibility
requirements: that the applicant is not less than eighteen years of age, of
good moral character and has not been convicted of a criminal act relating
to fraud or misappropriation of money or other articles in the last three
years. In view of this applications must be accompanied with a good conduct
certificate issued by the Commissioner of Police. Other documentation
requirements may apply:
• Non-Maltese residents must supply a copy of their Passport.
• Non-EU residents have to also provide a copy of the Employment Licence issued by JOBSPLUS and a valid Residence Permit issued by Identity Malta.
• In the case of a company, a Board Resolution signed by the Company
Secretary authorising the applicant to represent the company, must be provided.
There are no language restrictions for applicants.
Moreover, where a person is already licensed or otherwise legally
established to carry on auctioning activities in another Member State, and
wishes to carry out such activities in Malta on a non-permanent basis, he does
not need to apply for a licence but is required to notify the Trade Licensing Unit.
Such operators are still bound by the provisions found in regulations 3 to 15
of the Public Auctions Regulations, SL342.01.
Applications which fulfil the basic submission requirements are
forwarded to the Auctioneer’s Board within five days, for evaluation in terms
of the Public Auctions Regulations, SL342.01. A person who has applied for a licence to act as an auctioneer must sit for an interview before the Auctioneers Board as provided in Regulation 16(4) of the same regulation. Once the Board is satisfied that the
applicant is knowledgeable on national auctioneering legislation and procedures,
on national laws and regulations relating to antiques and cultural heritage and
on general commercial practices, it will inform the Trade Licensing Unit of its
positive assessment. The Trade Licensing Unit will issue the Auctioneering Licence within ten working days from the Board's positive notification.
An application for an auctioneer’s licence carries a fee of €240
which includes the first annual fee. If a licence is issued it will be valid till
the end of the year of issue.
Should an applicant be refused a licence and feels aggrieved by the decision, he may file an appeal before the Administrative Review Tribunal established by article 5(1) of the Administrative Justice Act Cap. 490.
Enquiries can be directed to tradelicencesapplications@gov.mt or by
telephone 25690100 or 21226688.
Date of last update – 26.05.21