Guam § 7302 - Registration; Application; Contents; Certificate of Good

§ 7302. Registration; Application; Contents; Certificate of Good

Standing; Cancellation; Notice.

(a) Before transacting business in Guam, a foreign limited liability

company shall register with the Department of Revenue and Taxation. In

order to register, a foreign limited liability company shall submit to the

Department of Revenue and Taxation an application for registration as a

foreign limited liability company, signed by a person with authority to do so

under the laws of the state of its organization, on a form prescribed by the

Department of Revenue and Taxation and setting forth:

(1) The name of the foreign limited liability company and, if

different, the name under which it proposes to transact business in

Guam.

(2) The state and date of its organization and a statement that the

foreign limited liability company is authorized to exercise its powers

and privileges in that state.

(3) The name and address of an agent for service of process on the

foreign limited liability company.

(4) A statement that the Department of Revenue and Taxation is

appointed the agent of the foreign limited liability company for service

of process if the agent has resigned and has not been replaced or if the

agent cannot be found or served with the exercise of reasonable

diligence.

(5) The address of the principal executive office of the foreign

limited liability company and of its principal office in Guam, if any. (b)

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Annexed to the application for registration shall be a certificate from an

authorized public official of the foreign limited liability company=s

jurisdiction of organization to the effect that the foreign limited liability

company is in good standing in that jurisdiction, if the laws of that

jurisdiction permit the issuance of those certificates; or, in the

alternative, a statement by the foreign limited liability company that

the laws of its jurisdiction of organization do not permit the issuance of

those certificates.

(c) The Department of Revenue and Taxation may cancel the application

and certificate of registration of a foreign limited liability company if a

check or other remittance accepted in payment of the filing fee is not paid

upon presentation. Upon receiving written notification that the item

presented for payment has not been honored for payment, the Department

of Revenue and Taxation shall give a first written notice of the applicability

of this Section to the agent for service of process, or to the person

submitting the instrument. Thereafter, if the amount has not been paid by

cashier=s check or equivalent, the Department of Revenue and Taxation

shall give a second written notice of cancellation and the cancellation shall

thereupon be effective. The second notice shall be given twenty (20) days

or more after the first notice and ninety (90) days or less after the original

filing.