Deutsche Pfandverwertung — Our expertise and services in lien law.
Why Deutsche Pfandverwertung?
Our function
We are authorized to conduct public auctions — and act as part of the administration of justice in a functional sense. The public auction as a legally provided standard case of collateral enforcement according to § 1235 BGB ff. creates legal clarity and finality. It alone brings about a legally compliant determination of value that is recognized by courts and tax authorities.
With the amendment of Section 383 BGB as of 01.01.2025, the legislator is clearly focusing on the publicly appointed and sworn auctioneer. The group of persons authorized to conduct public auctions is defined and qualitatively focused. This means that the auctioneer is not only de facto, but also fully anchored in the law as a regular actor. The legislator has thus made a clear evaluation decision.
In the case of non-performing contractual relationships, the legislator deliberately intends to bring about an efficient, market-oriented and commercially-oriented solution to the settlement between creditor and debtor by appointing a publicly appointed and sworn auctioneer.
The procedure is carried out in accordance with the German Civil Code (BGB), Commercial Code (HGB), Limited Liability Companies Act (GmbHG), Stock Corporation Act (AktG), Trade Regulation Act (GewO) and Sale of Goods Ordinance (VerstV) with a clear role and process logic — the Code of Civil Procedure (ZPO) and Compulsory Auction Act (Zwangsversteigerungsgesetz) are not relevant for the execution of public auctions.
We are sworn to our independence and neutrality as well as to secrecy towards third parties in the proceedings.
Our core competence
Our publicly appointed and sworn auctioneers (auctioneers) are strategically and operationally specialized as liquidation and collateral experts in the liquidation based on contractual or statutory pledges of rights in distressed and enforcement situations — in particular in the liquidation of company shares and IP rights such as trademark rights, patents and licenses.
In special situations, what counts is a resilient, fast and legally compliant realization channel. Through precise analysis, clear structuring and the right auction architecture, we activate precisely those market participants who potentially offer the highest value.
Our strengths / services
- Legally compliant processing: Every step is documented, comprehensible and designed to meet the requirements of the creditors’ committee, court and secured party. This minimizes liability risks and increases process acceptance.
- Long-standing, proven process structure and experience in the exploitation of rights of all kinds as well as specialist auction design
- Rapid process implementation from order placement (standard lead time: 3–6 weeks)
- Cross-border settlement competence (cross-border)
- Proven contract in all process phases and transfer agreement for the commercial register
- Evaluation of prospective buyers according to longlist/shortlist, initial contact teaser/one pager: financial investors, strategic investors, speculative investors, buyers based on § 1239 BGB (German Civil Code)
- International reach: Through digital marketing and international bidding circles, we increase demand — especially for IP rights, company shares and location-based assets — and plausibly create the market
- Non-discriminatory bidder group taking into account prospective buyers nominated by the creditor
- Request to the debtor to provide current documents for filling in the VDR in accordance with the contractual obligation to cooperate and provide information, setting a reasonable deadline
- Involvement of an analyst if required
- Online live auction with live stream, legally compliant according to § 383 BGB n.F; transmission on German server, low latency time
- Transparency through to completion: clear time and revenue planning with a short term, public announcement in accordance with § 1237 BGB, regular reports, structured, resilient data room on a German server (VDR/NDA) and legally compliant, comprehensible documentation ensure that clients remain controllable at all times.
Your advantages
The public auction is not a negotiation process, but a legally compliant, sovereignly legitimized procedure; the knockdown ends the procedure in a legally binding manner and excludes any renegotiation. Signing and closing coincide in one act (§ 156 BGB) and bring about a realization with clear temporal and economic finality:
Clearly defined, legally provided recovery mechanism; clear separation between the conduct of proceedings and legal advice
Plannable exit and workout structures; reliable basis for credit, recovery and committee decisions
Costs: Full burden of costs on the debtor as the initiator of the proceedings.
Irrevocable valuation by virtue of a sovereign act
Final award instead of open negotiation processes
No renegotiation, no closing risk; no re-trading risk
No ongoing contractual or execution risks
Objective, market-based pricing; market price determination through competition instead of bilateral negotiation
Transparent risk structure (“as is”)
Reduced potential for liability and disputes
No right of realization of the insolvency administrator for pledged rights (no application of Section 166 (1) InsO for rights; BGH 27.02.2022 IX ZR 145/21). Realization is the responsibility of the pledgee — thereby excluding liability for possible claims by individual creditors or the creditors’ meeting
- Documented decision-making and award logic; high connectivity to internal decision-making and auditing processes, complete documentation for compliance and auditing.
Efficient processes and innovative solutions
Optimized and proven processes developed by us guarantee efficient and legally compliant recycling — quickly and at short notice.
We integrate AI into our processes.
We use legally compliant, modern methods for online live auctions,
Virtual data room (NDA), server in Germany
Legal certainty
The exclusion of any warranty at the auction protects creditors from subsequent claims.
Acquisition in good faith when selling pledged property provides security against third-party claims.
The value is irrevocably determined by a sovereign act.
Legally compliant processing in all procedural steps.
Market expertise
Our expertise includes the analysis of national and international markets for rights, company shares, patents, trademarks and objects of all kinds.
As export merchants, we correspond multilingually via international sales channels.
As proven experts in the field, we offer a good price/performance ratio.
Network and customer base
We combine traditional print communication with innovative strategies that combine video, audio and text formats to reach a broad national and international target group.
Our extensive network, established customer base for goods and rights of all kinds and intensive case-related research enable us to create markets for (new) prospective buyers at short notice.
How we work with creditors
Our function
We are not an enforcement body of the state. As publicly appointed, sworn auctioneers, we are part of the administration of justice in collateral enforcement. We help to solve problems. In doing so, we follow the commercial approach, because the default on contracts almost always has commercial causes. It is therefore the most effective course of action to solve the problem fairly. This results in the best possible realization of claims for creditors and a reduction in liabilities for debtors. We act independently and impartially. We are not a service provider for the creditor, but an authority sworn to independence in the realization procedure. We are called in to protect property rights, including those of the debtor, due to the state prohibiting self-help.
Special expertise
Legislation stipulates that a publicly appointed and sworn auctioneer must have special expertise. This is understood to mean above-average specialist knowledge and extensive practical experience. An auctioneer to be appointed has sound legal and specialist knowledge, many years of professional experience and particular trustworthiness and stands out from his professional colleagues.
We combine comprehensive expertise with the highest professional qualifications to enforce liens in a targeted and efficient manner — with the aim of achieving economically optimal solutions for both creditors and debtors in the short term. Our many years of experience enable us to precisely analyze national and international markets and develop optimal sales opportunities for rights such as company shares or patents and objects of all kinds in a targeted manner. Depending on the task at hand, we put together interdisciplinary teams from our network to develop tailor-made solutions. Our aim is to help creditors to enforce their claims promptly and at the same time help to reduce debtors’ liabilities.
What we stand for
Our profession in Germany has its origins in the days of the Hanseatic League, an era characterized by the fundamental values of the Hanseatic merchant. These values — integrity, reliability and the pursuit of commercial solutions — form the foundation of our corporate culture. For the free Hanseatic merchant, it is a matter of course to solve problems by commercial means first. We are committed to this tradition. It characterizes not only the way we work as publicly appointed and sworn auctioneers, but also the partnership-based cooperation with our clients.
Empathy
The realization of claims due to liens is often an unusual and stressful situation for creditors and debtors. For us, however, the realization of liens is part of our daily practice. We do not see ourselves as an enforcement body, but as a partner who respectfully considers the interests of both sides.
We address the underlying problems with empathy and develop individual, tailor-made solutions. Tolerance and respect form the basis of our actions. By putting ourselves in the shoes of everyone involved, we create a framework in which demands can be balanced responsibly and outstanding liabilities can be reduced — always in a spirit of mutual appreciation.
In some cases, we encounter difficult debtors who behave obstructively and irrationally, often acting against their own interests. Our many years of experience enable us to de-escalate such situations professionally and bring communication from an emotionally aggressive to a factual level.
In most cases, the legitimacy of the claims is beyond question. Nevertheless, attempts are often made to prevent the public auction by looking for formal errors. Our top priority is therefore complete and precise compliance with all legal requirements.
Entrepreneurial spirit
We understand the challenges of entrepreneurial activity and know what makes companies successful. For us, being an entrepreneur also means taking responsibility — for decisions, solutions and their consequences.
With this understanding, we develop innovative and sustainable strategies to enable creditors to realize their claims quickly and efficiently. Our approach combines foresight with pragmatism and aims to shape economic interests in a responsible and future-oriented manner.
Excellence
Excellence and innovation — for success at the highest level: We stand for outstanding results and set standards for measurable and sustainable success. Our commitment to excellence shapes everything we do, from strategic planning to working with creditors and debtors.
We always aim to achieve the best — through precision, commitment and a consistent focus on the highest standards. For us, excellence is not just a claim, but our promise.
If you are affected by a claim.
The “one-size-fits-all” approach is often not expedient when realizing receivables through contractual or statutory liens. Each case requires an individual approach and tailor-made solutions.
We offer you the opportunity to discuss your case with us in an initial free 30-minute online meeting. Simply select one of the available Teams meeting dates. We will send you relevant information in advance to help you prepare for the meeting.
Together we will analyze your situation and clarify whether a collaboration makes sense.
We look forward to hearing from you > contact us.
