Guam § 12103 - Corporate Powers.
Full text of Guam Guam Code Annotated § 12103 — Corporate Powers., with citation guidance and answers to common questions.
§ 12103. Corporate Powers.
In furtherance of its purposes and in addition to the powers now or
hereafter conferred on business corporations by Part 1 of this Title, the
corporation shall, subject to the restrictions and limitations herein
contained, have the following powers:
(a) To elect, appoint and employ officers, agents and employees;
to make contracts and incur liabilities for any of the purposes of the
corporation; provided that the corporation shall not incur any
secondary liability by way of guaranty or endorsement of the
obligations of any person, firm, corporation, joint-stock company,
association or trust, or in any other manner.
(b) To borrow money from its members and the Small Business
Administration and any other similar Federal agency for any of the
purposes of the corporation; to issue therefor its bonds, debentures,
notes or other evidences of indebtedness, whether secured or
unsecured, and to secure the same by mortgage, pledge, deed of trust
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or other lien on its property, franchises, rights and privileges of every
kind and nature, or any part thereof of interest therein, without
securing stockholder or member approval.
(c) To make loans to any person, firm, corporation, joint-stock
company, association or trust and to establish and regulate the terms
and conditions with respect to any such loans and the charges for
interest and service connected therewith; provided, however, that the
corporation shall not approve any application for a loan unless and
until the person applying for said loan shall show that he has applied
for the loan through ordinary banking channels and that the loan has
been refused by at least one (1) bank or other financial institution.
(d) To purchase, receive, hold, lease or otherwise acquire, and to
sell, convey, transfer, lease, or otherwise dispose of real and personal
property, together with such rights and privileges as may be incidental
and appurtenant thereto and the use thereof, including, but not
restricted to, any real or personal property acquired by the corporation
from time to time in the satisfaction of debts or enforcement of obliga-
tions.
(e) To acquire the good will, business, rights, real and personal
property and other assets, or any part thereof, or interest therein, of any
persons, firms, corporation, joint-stock companies, associations or
trusts, and to assume, undertake, or pay the obligations, debts and
liabilities of any such person, firm, corporation, joint-stock company,
association or trust; to acquire improved or unimproved real estate for
the purpose of constructing industrial plants or other business
establishments thereon or for the purpose of disposing of such real
estate to others for the construction of industrial plants or other
business establishments; and to acquire, construct or reconstruct, alter,
repair, maintain, operate, sell, convey, transfer, lease or otherwise
dispose of industrial plants or business establishments.
(f) To acquire, subscribe for, own, hold, sell, assign, transfer,
mortgage, pledge or otherwise dispose of the stock, shares, bonds,
debentures, notes or other securities and evidences of interest in, or
indebtedness of any person, firm, corporation, joint-stock company,
association or trust, and while the owner or holder thereof to exercise
all the rights, powers and privileges to ownership, including the right
to vote thereon.
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(g) To mortgage, pledge or otherwise encumber any property,
right or thing of value, acquired pursuant to the powers contained in
subsections (4), (5) or (6) as security for the payment of any part of the
purchase price thereof.
(h) To cooperate with and avail itself of the facilities of the United
States Department of Commerce, the Guam Economic Development
Authority and any other similar Government of Guam or Federal
governmental agencies; and to cooperate with and assist and otherwise
encourage organizations in the various communities of the territory in
the promotion, assistance and development of the business prosperity
and economic welfare of such communities or of this territory or of
any part thereof.
(i) To do all acts and things necessary or convenient to carry out
the powers expressly granted in this Chapter.
Frequently Asked Questions About Guam § 12103
What does Guam Code Annotated § 12103 cover?
Section 12103 ("Corporate Powers.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 12103?
A common citation format is "Guam Code Annotated § 12103" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 12103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.