Guam § 7304 - Name of Foreign Limited Liability Company.

§ 7304. Name of Foreign Limited Liability Company.

(a) A foreign limited liability company must use a fictitious name to

transact business in Guam if its real name is unavailable and it delivers to

the Department of Revenue and Taxation for filing a copy of the resolution

of its managers, in the case of a manager-managed company, or of its

members, in the case of a member-managed company, adopting the

fictitious name.

(b) Except as authorized by Subsections (c) and (d), the name,

including a fictitious name to be used to transact business in Guam, of a

foreign limited liability company must be distinguishable upon the records

of the Department of Revenue and Taxation from:

(1) the name of any corporation, limited partnership, or company

incorporated, organized, or authorized to transact business in Guam;

(2) a name reserved or registered; and

(3) the fictitious name of another foreign limited liability

company authorized to transact business in Guam.

(c) A foreign limited liability company may apply to the Department

of Revenue and Taxation for authority to use in Guam a name that is not

distinguishable upon the records of the Department of Revenue and

Taxation from a name described in Subsection (b). The Department of

Revenue and Taxation shall authorize use of the name applied for, if:

(1) the present user, registrant, or owner of a reserved name

consents to the use in a record and submits an undertaking in form

satisfactory to the Department of Revenue and Taxation to change its

name to a name that is distinguishable upon the records of the

Department of Revenue and Taxation from the name of the foreign

applying limited liability company; or

(2) the applicant delivers to the Department of Revenue and

Taxation a certified copy of a final judgment of a court establishing

the applicant=s right to use the name applied for in Guam.

(d) A foreign limited liability company may use in Guam the name,

including the fictitious name, of another domestic or foreign entity that is

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used in Guam, if the other entity is incorporated, organized, or authorized

to transact business in Guam and the foreign limited liability company:

(1) has merged with the other entity;

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

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

name, of the other entity.