Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1101 - Auction Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				person, firm, auction house, or corporation, or combination thereof shall sell,
				dispose of, or offer for sale at public auction or cause or permit to be sold,
				disposed of, or offered for sale at any public auction any property of
				whatsoever nature unless said auction is conducted by a duly licensed
				auctioneer and if such sale takes place at an auction house, by a duly licensed
				auction house.
B. Notwithstanding
				any other provision of law to the contrary, a person, firm or corporation, or
				combination thereof, may sell, dispose of, or offer for sale at any public
				auction any property of whatever nature without the necessity of any other
				license, provided that the auction is conducted by a person who is a duly
				licensed Louisiana auctioneer or Louisiana apprentice auctioneer working under
				the supervision of a Louisiana licensed auctioneer, whichever is applicable, or
				otherwise meets the exceptions in accordance with the provisions of this
				Chapter.
C. The auctioneer license
				is required in the state of Louisiana for all sales conducted within the state
				boundaries of the state of Louisiana and for the sales of all immovable and
				movable properties which are physically located in the state of
				Louisiana.
D. The following do not
				require an auctioneer license or an auction house license:
1. a sale conducted by order of any United
				States Court pursuant to Title 11 of the United States Code relating to
				bankruptcy.
2. a sale conducted by
				an employee of the United States or the state of Louisiana or its political
				subdivisions in the course and scope of his employment.
3. a sale conducted by a charitable or
				nonprofit organization. This exclusion is only available if the following
				applies:
a. the Internal Revenue Service has
				recognized the organization as a nonprofit or charitable organization, or the
				State of Louisiana has recognized the sale as one for a charitable benefit;
				and
b. the person conducting the
				auction as the auctioneer is not paid for his services;
4. a sale conducted by an individual of his
				own property if such individual is not engaged in the business of selling such
				property as an auctioneer on a regular basis:
a. anyone selling his own property at auction
				more than once in a rolling 12-month period will be considered to be in the
				business of auctioneering and be required to have a license.
b. if any third party's property is included
				with the individual's own property, the individual selling the property will be
				required to have a license;
5. a foreclosure sale of realty conducted
				personally by a trustee under a recorded deed of trust;
6. a foreclosure sale of personal property
				conducted personally by the mortgagee or other secured party or an employee of
				such mortgagee or other secured party acting in the course and scope of his
				employment under a recorded chattel mortgage or other security or
				agreement;
7. a sale conducted by
				sealed bid. This exclusion includes silent auctions unless there is an active
				solicitation of individual bids.