§ 105-449.69. How to apply for a license. - North Carolina Statutes

§ 105‑449.69.  How toapply for a license.

(a)        General. – Toobtain a license, an applicant must file an application with the Secretary on aform provided by the Secretary. An application must include the applicant'sname, address, federal employer identification number, and any otherinformation required by the Secretary.

(b)        Most Licenses. – Anapplicant for a license as a refiner, a supplier, a terminal operator, animporter, a blender, or a distributor must meet the following requirements:

(1)        If the applicant isa corporation, the applicant must either be incorporated in this State or beauthorized to transact business in this State.

(2)        If the applicant isa limited liability company, the applicant must either be organized in thisState or be authorized to transact business in this State.

(3)        If the applicant isa limited partnership, the applicant must either be formed in this State or beauthorized to transact business in this State.

(4)        If the applicant isan individual or a general partnership, the applicant must designate an agentfor service of process and give the agent's name and address.

(c)        (Effective untilJanuary 1, 2009) Federal Certificate. – An applicant for a license as arefiner, a supplier, a terminal operator, a blender, or a permissive suppliermust have a federal Certificate of Registry that is issued under § 4101 of theCode and authorizes the applicant to enter into federal tax‑freetransactions in taxable motor fuel in the terminal transfer system. Anapplicant that is required to have a federal Certificate of Registry mustinclude the registration number of the certificate on the application for alicense under this section.

An applicant for a license asan importer, an exporter, or a distributor that has a federal Certificate of Registryissued under § 4101 of the Code must include the registration number of thecertificate on the application for a license under this section.

(c)        (EffectiveJanuary 1, 2009) Federal Certificate. – An applicant for a license as arefiner, a supplier, a terminal operator, or a blender must have a federalCertificate of Registry that is issued under § 4101 of the Code and authorizesthe applicant to enter into federal tax‑free transactions in taxablemotor fuel in the terminal transfer system. An applicant that is required tohave a federal Certificate of Registry must include the registration number ofthe certificate on the application for a license under this section.

An applicant for a license asan importer, an exporter, or a distributor that has a federal Certificate ofRegistry issued under § 4101 of the Code must include the registration numberof the certificate on the application for a license under this section.

(d)        Import Activity. – Anapplicant for a license as an importer or as a distributor must list on theapplication each state from which the applicant intends to import motor fueland, if required by a state listed, must be licensed or registered for motorfuel tax purposes in that state. If a state listed requires the applicant to belicensed or registered, the applicant must give the applicant's license orregistration number in that state.

(e)        Export Activity. – Anapplicant for a license as an exporter must designate an agent located in NorthCarolina for service of process and must give the agent's name and address. Anapplicant for a license as an exporter or as a distributor must list on theapplication each state to which the applicant intends to export motor fuelreceived in this State by means of a transfer that is outside the terminaltransfer system and, if required by a state listed, must be licensed orregistered for motor fuel tax purposes in that state. If a state listedrequires the applicant to be licensed or registered, the applicant must givethe applicant's license or registration number in that state.  (1995, c. 390, s. 3; 1995(Reg. Sess., 1996), c. 647, s. 6; 2003‑349, s. 10.5; 2005‑435, s.10; 2008‑134, s. 28.)