Guam § 7113 - Service of Process on Foreign Corporation.

§ 7113. Service of Process on Foreign Corporation.

(a) The registered agent of a foreign corporation authorized to transact

business on Guam is the corporation's agent for service of process, notice

or demand required or permitted by law to be served on the foreign

corporation.

(b) A foreign corporation may be served by registered or certified mail,

return receipt requested, addressed to the secretary of the foreign

corporation at its principal office shown in its application for a certificate

of authority or the correspondence address indicated in its most recent

annual report if the foreign corporation:

(1) has no registered agent, or its registered agent cannot with

reasonable diligence be served;

(2) has withdrawn from transacting business on Guam under §

7114 of this Title; or

(3) has had its certificate of authority revoked under § 7116 of this

Title.

(c) Service is perfected under Subsection (b) of this Section at the

earliest of:

(1) the date the foreign corporation receives the mail;

(2) the date shown on the return receipt, if signed on behalf of the

foreign corporation; or

(3) five (5) days after its deposit in the United States mail, as

evidenced by the postmark, if mailed postpaid and correctly addressed.

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(d) In addition to Subsection (b), whenever a foreign corporation

authorized to transact business on Guam shall fail to appoint or maintain a

registered agent on Guam, or whenever any such registered agent cannot

with reasonable diligence be found at the registered office, or whenever the

certificate of authority of a foreign corporation shall be suspended or

revoked, then the Director of Revenue and Taxation may be an agent of

such corporation upon whom any such process notice, or demand may be

served. The fee for service of process shall be Forty Dollars ($40.00).

(e) Every foreign corporation which transacts business on Guam

without having been authorized to transact business on Guam thereby

submits itself to the jurisdiction of the courts of Guam, and also thereby

designates the Director of Revenue and Taxation as its agent upon whom

any process, notice or demand upon it may be served in any action or

proceeding arising out of or in connection with the transaction of business

on Guam. The fee for service of process shall be Forty Dollars ($40.00).

(f) This Section does not prescribe the only means, or necessarily the

required means, of serving a foreign corporation.