Permitted Names

(a)Use of the term “cooperative” or its abbreviation under this Act is not a violation of the provisions restricting the use of the term under 18 GCA § 13122 or any other law or rule or regulation of Guam.

(b)The name of a limited cooperative association must contain the phrase “limited cooperative association” or “limited cooperative” or the abbreviation “L.C.A.” or “LCA.” “Limited” may be abbreviated as “Ltd.”. “Cooperative” may be abbreviated as “Co-op” or “Coop”. “Association” may be abbreviated as “Assoc.” or “Assn.” A limited cooperative association or a member may enforce the restrictions on the use of the term “cooperative” under this Act.

(c)Except as otherwise provided in Subsection

(d)of this Section, the name of a limited cooperative association, and the name under which a foreign cooperative may register to do business in Guam, must be distinguishable on the records of the Director of Revenue and Taxation from any:

(1)name of an existing person whose formation required the filing of a record by the Director and which is not at the time administratively dissolved;

(2)name of a limited liability partnership whose statement of qualification is in effect;

(3)name under which a person is registered to do business in Guam by the filing of a record by the Director;

(4)name reserved under § 17116 or other law of Guam or rule or regulation providing for the reservation of a name by the filing of a record by the Director;

(5)name registered under § 17117 or other law of this state providing for the registration of a name by the filing of a record by the Director; and

(6)name registered under 18 GCA § 7107 and 18 GCA Chapter 26.

(d)If a person consents in a record to the use of its name and submits an undertaking in a form satisfactory to the Director of Revenue and Taxation to change its name to a name that is distinguishable on the records of the Director from any name in any category of names in Subsection

(c)of this Section, the name of the consenting person may be used by the person to which the consent was given.

(e)Except as otherwise provided in Subsection

(f)of this Section, in determining whether a name is the same as or not distinguishable on the records of the Director from the name of another person, words, phrases, or abbreviations indicating a type of entity, such as “corporation”, “corp.”, “incorporated”, “Inc.”, “professional corporation”, “P.C.”, “PC”, “professional association”, “P.A.”, “PA”, “Limited”, “Ltd.”, “limited partnership”, “L.P.”, “LP”, “limited liability partnership”, “L.L.P.”, “LLP”, “registered limited liability partnership”, “R.L.L.P.”, “RLLP”, “limited liability limited partnership”, “L.L.L.P.”, “LLLP”, “registered limited liability limited partnership”, “R.L.L.L.P.” “RLLLP”, “limited liability company”, “L.L.C.”, or “LLC”, “limited cooperative association”, “limited cooperative”, “L.C.A.”, or “LCA” may not be taken into account.

(f)A person may consent in a record to the use of a name that is not distinguishable on the records of the Director of Revenue and Taxation from its name except for the addition of a word, phrase, or CH. 17 THE GUAM UNIFORM LIMITED COOPERATIVE ASSOCIATION ACT abbreviation indicating the type of entity as provided in Subsection

(e)of this Section. In such a case, the person need not change his name pursuant to Subsection (c).

(g)A limited cooperative association or foreign cooperative may use a name that is not distinguishable from a name described in Subsection (c)(1) through

(6)of this Section if the association or foreign cooperative delivers to the Director of Revenue and Taxation a certified copy of a final judgment of a court of competent jurisdiction establishing the right of the association or foreign cooperative to use the name in Guam.