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 COL070307 CH. 7 FOREIGN CORPORATIONS 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.