Yes. A $10,000.00 Surety Bond is required per license
Pursuant to Mississippi Attorney General Opinion No. 2017-00329 dated October 27, 2017 and an Official Opinion received by the MS Auctioneer Commission dated November 27, 2018; an auctioneer who handles any real estate transactions are required to be a licensed real estate broker [Mississippi Real Estate Commission statute 73-35-1; 73-35-3(2); 73-35-3(1) and 73-35-3(8)]. The auctioneer definition found in the Mississippi Auctioneer statute of 73-4-3 simply defines an auctioneer to include someone who auctions real estate and does not provide an exception to the real estate broker license requirements.
In accordance with §49-7-51 Miss. Code 1972 Ann., Title 49, Conservation and Ecology (Chs 1-39); Chapter 7, Hunting and Fishing (§§49-7-1 – 49-7-351), In General (§§49-7-1 – 49-7-150), (1) (a) It is unlawful for any person to buy or sell or to offer for sale, exchange for merchandise, or other consideration, within this state, any game birds, game animals, or game fish or parts thereof, named in this chapter, whether taken within or coming from without the state, except as specifically permitted by law or regulation; (c) Mounted game animals, birds and fish may not be sold, purchased or leased.
Yes. A list of approved schools can be found on this website.
The Mississippi Commission determined that if an online school has been approved by the reciprocal state and the individual licensed by that reciprocal state, then Mississippi would accept the applicant's application. Online schools will not be considered a Mississippi approved auctioneer school for Mississippi applicants. (7.17.2018)
On May 18, 2020, the Commission voted to accept online education from any of the previously approved auctioneering schools, upon completion of the online pre-licensing agreement by both the school and the applicant. These agreements may be found under the forms tab.
18 U.S.C. §923(a): Engaging in the Business of Dealing in Firearms (Auctioneers)
Auctioneers who regularly conduct consignment-type auctions of firearms, for example, held every 1-2 months, on behalf of firearms owners where the auctioneer takes possession of the firearms pursuant to a consignment contract with the owner of the firearms giving the auctioneer authority to sell the firearms and providing for a commission to be paid by the owner upon sale of the firearms are required to obtain a license as a dealer in firearms.
ATF Rul. 96-2
An association of auctioneers have asked the Bureau of Alcohol, Tobacco and Firearms (ATF) for a ruling concerning the auctions conducted by their members and whether the sale of firearms at such auctions requires a Federal firearms license as a dealer in firearms. The auctioneers' association stated that their members generally conduct two types of auctions: estate-type auctions and consignment auctions. In estate-type auctions, articles to be auctioned, including firearms, are sold by the executor of estate of an individual. In these cases, the firearms belong to and are possessed by the executor. The auctioneer acts as an agent of the executor and assists the executor in finding buyers for the firearms. The firearms are possessed by the estate and their sale to third parties is controlled by the estate. The auctioneer is paid a commission on the sale of each firearm by the estate at the conclusion of the auction.
The association states that, in consignment-type auctions, an auctioneer may take possession of firearms in
advance of the auction. The firearms are inventoried, evaluated and tagged for identification. The firearms
belong to individuals or businesses who has entered into a consignment agreement with the auctioneer giving
the auctioneer authority to sell the firearms. The agreement states that the auctioneer has the exclusive right
to sell the items listed on the contract at a location, time and date to be selected by the auctioneer. The
consignment-type auctions generally involve accepting firearms for auction from more than one owner. Also,
these auctions are held on a regular basis, for example, every 1 - 2 months. Section 923(a), Title 18, U.S.C.
provides that no person shall engage in the business of dealing in firearms until he has filed an application and
received a license to do so pursuant to 18 U.S.C. § 923 (a).
There are two options available to you.
1. You can renew your license online during the period December 1 thru March 1 preceding the expiration of your license in odd number years.
2. If you do not have a computer or wish to renew your license by paper method, you may do so by notifying the Commission and providing them with you license number, name, and address which you wish your renewal application to be mailed.
If you license is in "Suspended" status due to an expiration of your bond, you must provide a new bond before you can renew your license. If you do not take steps to renew your bond, you licensed will be moved to "Expired" status on March 2nd in the odd number year. Once expired, you must apply as a new applicant.
No, Continuing Education (CE) hours are not required for renewals of a Mississippi license.
No, a licensed auctioneer or licensed auctioneer firm cannot auction tobacco products in Mississippi
according to the U. S. Food and Drug Administration (FDA)) Center for Tobacco Products. If you sell or
auction any tobacco products, you must comply with all applicable federal laws and regulations for
retailers.
No. The Auctioneer Law does not provide for a temporary permit or license.
High School Graduate or GED,
Diploma from an Auction School,
Personal References,
Voter Registration Card (notarized copy),
Clear Photocopy of Driver's License,
$10,000 Surety Bond(s),
Bond Company Name, Bond Number, and Expiration Date,
MAC Application and Required Fee (s),
Passage of the MAC Examination (NOT REQUIRED FOR OUT OF STATE FROM RECIPROCAL STATES),
Letters in Good Standing (only applicable from reciprocal states)
Effective July 1, 2019, The Mississippi Auctioneer Commission is requiring an auctioneer and/or firm license for online auctions.
Pursuant to 73-4-5(1) for it is unlawful for any person, corporation, limited liability company, partnership or other entity to conduct an auction, provide an auction service, hold himself out as an auctioneer or advertise his services as an auctioneer in the State of Mississippi without a license issued by the Commission under this chapter;
Also pursuant to 73-4-7(1) The Mississippi Auctioneer Commission is created, and it shall have the authority to make such rules and regulations as are reasonable and necessary for the orderly regulation of the auctioneering profession and the protection of the public, which rules and regulations are not inconsistent with the Mississippi Constitution of 1890 and state laws.
The application protocol for individuals who conduct online auctions will be available from the Commission office after July 1, 2019.
Attorney General's opinion concerning online auctions.
https://www.auctioneers.ms.gov/sites/default/files/2019-12/Online.Protocol.12.3.2019.pdf
YES. Section 73-4-5, Miss. Code Ann. (1972) as amended provides that it is unlawful for a person to conduct an auction without having a license. There is not an exemption for a person wanting to auction off goods in a storage unit when payment has not been made as set forth. Further, an exemption of 73-4-5 (2)(d) may apply if the 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 recurring basis. A firm license is also required, if auctioning on a recurring basis. Recurring means: occurring again periodically or repeatedly
Yes. You need an escrow account. It may be interest or non-interest bearing account.
If you are the owner of an auction facility (firm) OR if the auction firm is a corporation or partnership and you are an officer of record AND you serve as the ONLY auctioneer and firm manager on behalf of the auction facility (firm); then you are NOT REQUIRED to have a facility (firm) license.
MAC has been advised by the Department of Agriculture that if an individual is auctioning horses at a price not determined by weight, they are required to have both an Auctioneer License with the Mississippi Auctioneer Commission to conduct the auction and a permit with the Mississippi Board of Animal Health (601-359-1170) for the sale itself.
Further, if these horses are to be transported across state lines, you will need to advise the Mississippi Board of Animal Health at the time you apply for the sale permit. These sales across state line requires involvement with the United States Department of Agriculture (USDA) – 833-ONE-USDA or 202-720-2791 or by email at askusda@usda.gov.
No. A list of approved schools can be found on this website.
You must contact the Mississippi Department of Revenue. Phone: 601-923-7200. Option #1.
Any buyer's premium or any other fees MUST BE INCLUDED in the written contract with the owner or consignor
of goods. A copy of every written contract shall be retained for a period of two years from the date of the
auction.
Section 79-11-515 the Mississippi Secretary of State requires that any contract entered into between professional fund-raisers or fund-raising counsel and charitable organizations shall be in writing and a true and correct copy of such contract shall be filed by the professional fund-raiser or fund-raising counsel who is a party thereto with the Secretary of State.
CONTACT INFORMATION:
Jessica Thornton, Charities Division
Jessica.thornton@sos.ms.gov
601-359-1057
The exemption under 73-4-5 (auctioneer statute) only provides for the exemption when a sale is conducted by a charitable or nonprofit organization and the auctioneer receives NO COMPENSATION.