Guam § 15114 - (H). Complaint by Members of Failure to Comply

§ 15114. (H). Complaint by Members of Failure to Comply

with Law or Articles of Organization; Action by Attorney

General.

(a) Upon complaint that a limited liability company is

failing to comply with the provisions of § 15114 (G), or to afford

to the members rights given to them in the articles of organiza-

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tion or operating agreement, the Attorney General may, in the

name of the people of Guam, send to the office required to be

maintained pursuant to § 15115 (J), notice of the complaint.

(b) If the answer of the limited liability company is not

received within 30 days of the date the notice was transmitted, or

if the answer is not satisfactory, and if the enforcement of the

rights of the aggrieved persons by private civil action, by class

action, or otherwise, would be so burdensome or expensive as to

be impracticable, the Attorney General may institute, maintain,

or intervene in any court of competent jurisdiction or before any

administrative agency for relief by way of injunction, the

dissolution of entities, the appointment of receivers, or any other

temporary, preliminary, provisional, or final remedies as may be

appropriate to protect the rights of members or to restore the

position of the members for the failure to comply with the

requirements of § 15114 (G) or the articles of organization or the

operating agreement. In any action, suit, or proceeding, there

may be joined as parties all persons and entities responsible for

or affected by the activity.

2021 NOTE: Reference to “territory” removed pursuant to 1 GCA § 420.