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  • Writer's pictureTodai Advogados

CANCELLATION OF STATE REGISTRATION IN A FUEL DEALER STATION

SOME IMPORTANT TIPS SO THAT YOUR FUEL STATION DOESN'T BE DISAPPOINTED.


Written by João Marcos Araujo


One of the major challenges for fuel resellers is the daily confrontation of the various inspection mechanisms, which include state, municipal and federal agencies.

Of all the major supervisory bodies, it is known that the process of canceling the state registration of the retail station is the main fear of many operators and, in the state of São Paulo, this issue is regulated by the ordinance (Ordinance CAT 02/11). Ordinance CAT 02/11 was instituted with the aim of seeking greater security in the resale sector, as well as avoiding evasion, criminal and competition-violating practices, such as money laundering, formation of cartels, among other tax and administrative. However, despite the initial intention of the ordinance, the reality is different, so that the state bureaucracy sometimes penalizes fuel resellers in a reckless way and without proper reasoning. In this sense, it is important that the dealership prepares itself properly and that it has a specialized legal team in the event of a possible request for renewal of the state registration. Thus, preventively, we suggest attention to the following points: 1-Keep the accounting health of your gas station properly updated 2-Keep the income tax returns of the partners and the business establishment properly aligned. 3-In the event of a corporate change, be aware of the way in which the new articles of association stipulated the obligation to pay in the share capital of the joining partner. 3-Keep filling in the fuel handling book (LMC) up to date and within the legal parameters, as well as the Purchase Invoices from the dealership. 4-Check the fuel pumps daily, by entering the check book.5-In case of administrative proceedings before the National Petroleum Agency, on the grounds of fuel adulteration, we suggest hiring a specialist in the matter, so that this matter , in the future, does not jeopardize any renewal of your state registration.

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