Ámbito’s investigation revealed the existence of maneuvers to the detriment of the National State, carried out by certain national companies dedicated to the importation of merchandise and that result in the “renting” of precautionary measures granted to an importing company, which are “ceded” or “transferred” to other companies to illegitimately nationalize certain imported merchandise and receive from the Central Bank of the Argentine Republic the payment in dollars corresponding to the official value.
In this case, the General Inspectorate of Justice proceeded to investigate the companies YOKO SOCIEDAD ANONIMA and “TROPEA SOCIEDAD ANONIMA”, dedicated to the marketing and import of leather goods – among other activities – reaching the following conclusions:
The Yoko company is a company that does not have a registered office in the City of Buenos Aires, despite being registered with the General Inspectorate of Justice and the inspections carried out at the registered office revealed that the aforementioned company never operated or was installed in that place. society. At its headquarters registered with the IGJ, located at 2373 General Manuel A. Rodríguez Street in the Autonomous City of Buenos Aires, there is a sushi delivery place. It is a ghost company, commonly called a “disappeared company”, which makes it impossible for third parties and any body that wants to control it to locate it.
Yoko, which is the company that obtained the precautionary measure from the Federal Contentious Administrative Court No. 8 of CABA, in charge of Judge Cecilia Gilardi Madariaga de Negri, who ordered the release of the merchandise to be able to import them without complying with the regulations of the DGA in what refers to the procedure of the “Integral Import Monitoring System” known as SIMI, to -often- transfer the effects of that measure to another company, forcing the Central Bank to transfer to the latter the corresponding dollars for payment at official value , is a public limited company incorporated in 1999, but which never functioned legitimately, since it was established with a capital of pesos 12,000, which never increased, incurring what is called “corporate undercapitalization”, lacking sufficient capital to carry out any activity in the market. This is extremely detrimental to its creditors, especially when the company is engaged in an activity as onerous as importing merchandise from abroad.
But, in addition to this and lacking a known registered office, it owes the General Inspectorate of Justice its financial statements since 2013 and only once did it register its authorities with said body, which happened in 2016, permanently failing to comply with express legal regulations.
According to the records in the IGJ, it is a company whose members are Messrs. Marcelo Portnoy, who is the majority shareholder and sole director, and Ms. Silvina Sofía Cabuli, who is a minority shareholder and alternate director.
For its part, the beneficiary company of the “transfer” of the precautionary measure obtained by the company Yoko SA in April 2021 is the company called “TROPEA SA” which, like the previous one, is a company incorporated in 1989 , fundamentally dedicated to the marketing and import of leather goods, but whose financial statements lack any credibility, since the external auditor certification consists of what is called “literal certification”, which is prohibited by the General Inspectorate of Justice . On the other hand, its registered headquarters is located at 1239 Fragata Sarmiento Street in this City, which said company abandoned many years ago, but which has not constituted a new headquarters before the control body.
Its “headquarters”, as reported by a person in charge of the company, on the occasion of the inspection visit carried out by the authorities of the General Inspection of Justice in recent days, is located in the premises and warehouse of Martínez, Province of Buenos Aires. Aires, that is, outside the Autonomous City of Buenos Aires, where the company TROPEA SA, where board meetings and assemblies are held, and which has 11 stores and more than 70 employees, importing products from leather goods one of its most outstanding activities.
Said company is being investigated by the General Inspectorate of Justice, who required it to show all of its corporate books, to study the regularity of the actions of its corporate bodies, but the existence of “verbatim certifications” of its balance sheets creates a strong suspicion to the detriment of the legality of the external and internal actions of said company.
Source: Ambito
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