Guam § 7107 - Corporate Name of Foreign Corporation.

§ 7107. Corporate Name of Foreign Corporation.

(a) If the corporate name of a foreign corporation does not satisfy the

requirements of '2110, the foreign corporation to obtain or maintain a

certificate of authority to transact business on Guam:

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(1) may add the word >corporation,= >incorporated,= >company,= or

>limited,= or the abbreviations >corp.,= >inc.,= >co.,= or >ltd.,= to its

corporate name for use in Guam; or

(2) may use a fictitious name to transact business on Guam if its real

name is unavailable and it delivers to the Director of the Department of

Revenue and Taxation for filing a copy of the resolution of its Board of

Directors, certified by its secretary, adopting the fictitious name.

(b) Except as authorized by Subsections (d) and (e) of this Section, the

corporate name, including a fictitious name, of a foreign corporation must

be distinguishable upon the records of the Director of the Department of

Revenue and Taxation from:

(1) the name of any domestic and foreign corporation,

partnership, limited liability company, limited partnership or limited

liability partnership organized under the laws of Guam or authorized

to transact business on Guam;

(2) a corporate name reserved or registered under '2110.1 and

'2110.2;

(3) the fictitious name of another foreign corporation authorized

to transact business on Guam; or

(4) the name of a not-for-profit corporation incorporated or

authorized to transact business on Guam.

(c) A foreign corporation may apply to the Director of the Department

of Revenue and Taxation for authorization to use on Guam a name of

another domestic or foreign corporation incorporated or authorized to

transact business on Guam that is not distinguishable upon the

corporation=s records from the name applied for. The Director of the

Department of Revenue and Taxation shall authorize use of the name

applied for if:

(1) the other corporation consents to the use in writing and

submits an undertaking in form satisfactory to the Director of the

Department of Revenue and Taxation to change its name to a name

that is distinguishable upon the records of the Director of the

Department of Revenue and Taxation from the name of the applying

corporation; or

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(2) the applicant delivers to the Director of the Department of

Revenue and Taxation a certified copy of a final judgment of a court

of competent jurisdiction establishing the applicant=s right to use the

name applied for on Guam.

(d) A foreign corporation may use on Guam a name which is the same

as the name, including the fictitious name, of another domestic or foreign

corporation organized under the laws of Guam, or authorized to transact

business on Guam, if the foreign corporation:

(1) has merged with the other corporation;

(2) has been formed by reorganization of the other corporation; or

(3) has acquired all, or substantially all, of the assets, including

the corporate name, of the other corporation.

(e) If a foreign corporation authorized to transact business on Guam

changes its corporate name to one that does not satisfy the requirements of

'2110, it may not transact business on Guam under the changed name, until

it adopts a name satisfying the requirements of '2110 and obtains an

amended certificate of authority under § 7105.