Guam § 4304 - Annual Report of Domestic and Foreign Corporations.

§ 4304. Annual Report of Domestic and Foreign Corporations.

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(a) Each domestic corporation and each foreign corporation authorized

to transact business on Guam shall deliver to the Director of the Department

of Revenue and Taxation for filing a sworn annual report that sets forth:

(1) the name of the corporation and the state or country under

whose law it is incorporated;

(2) the date of incorporation or, if a foreign corporation, the date

on which it was authorized to transact business on Guam;

(3)I where the corporation is required by law to have a registered

office and registered agent on Guam, the street address of its registered

office of the corporation on Guam, and the name of its registered agent

on Guam at that address;

(4) the address of its principal office;

(5) the names and business addresses of the corporation directors

and principal officers;

(6) a brief statement of the character of the business in which the

corporation is actually transacted on Guam;

(7) the aggregate number of shares which the corporation has

authority to issue, itemized by class, par value of shares, shares

without par value, and series, if any, within each class;

(8) the aggregate number of issued and outstanding shares,

itemized by class, par value of shares, shares without par value, and

series, if any, within each class;

(9) if the domestic or foreign corporation has less than fifteen (15)

shareholders, for each shareholder state the name, citizenship, and the

number and class or series of shares held.

(b) The information contained in the annual report shall be current as

of the date the annual report is executed on behalf of the corporation.

(c) The first annual report must be delivered to the Director of the

Department of Revenue and Taxation between July 1 and September 1, or

such other date as the Director of the Department of Revenue and Taxation

may specify by rules or regulations, of the year following the calendar year

in which a domestic corporation was incorporated, or a foreign corporation

was authorized to transact business on Guam. Subsequent annual reports

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must be delivered to the Director of the Department of Revenue and

Taxation between July 1 and September 1, or such other date as the Director

of the Department of Revenue and Taxation may specify by rules or

regulations, of the following calendar years.

(d) If an annual report does not contain the information required by this

Section, the Director of the Department of Revenue and Taxation shall

notify the reporting corporation in writing, and return the report to it for

correction. If the report is corrected to contain the information required by

this Section and delivered to the Director within thirty (30) days after the

effective date of notice, it shall be deemed to be timely filed.

(e) A corporation may deliver to the office for filing an amendment to

the annual report if a change in the information set forth in the annual report

occurs after the report is delivered to the office for filing and before the next

anniversary. This Subsection applies only to a change that is not required to

be made by an amendment to the Articles of Incorporation. The

amendment to the annual report must set forth:

(1) the name of the corporation, as shown on the records of the

Department of Revenue and Taxation; and

(2) the information as changed.

(f) Any corporation failing to file an annual report that complies with

the requirements of this Section, within sixty (60) days after it is due, shall

pay, in addition to the regular annual report fee, the sum of Fifty Dollars

($50.00), providing the report is received by the Director of the Department

of Revenue and Taxation prior to revocation as provided in this Title, and

shall be subject to dissolution or cancellation of its certificate of authority to

transact business as provided in this Chapter.

(g) The filing fee for an annual report shall be One Hundred Dollars

($100.00), with the exception of nonprofit corporations. The filing fee for

an annual report for nonprofit corporations shall be Ten Dollars ($10.00).

(h) Any corporation which is required to file or provide an annual

report with another government agency or regulating body may satisfy the

annual report required by this Section by filing the same report with the

Director of the Department of Revenue and Taxation; provided, the Director

of the Department of Revenue and Taxation has determined in writing that

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the report contains the same or substantially similar information pursuant to

this Section.