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Terms Used In 18 Guam Code Ann. § 15109

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(a) Upon the issuance of the certificate of organization, the limited liability company shall be considered organized; and such certificate of organization shall be conclusive evidence that all conditions precedent required to be performed by the members have been complied with and that the limited liability
company has been legally organized under this Chapter, except as against Guam in a proceeding to cancel or revoke the certificate of organization or in a proceeding for involuntary dissolution of the limited liability company.

(b) A limited liability company shall not transact intrastate business or incur indebtedness, except that which is incidental to its organization or to obtaining subscriptions for or payment of contributions, until the articles of organization have been filed with the Department of Revenue and Taxation.

(c) The date when the existence of the company commences shall be the date of the filing of the articles of organization by the Department of Revenue and Taxation, except that the date of commencement of corporate existence may be specified in the articles of organization:

(1) When the date specified in the articles of organization is the date of subscription and acknowledgment, and the articles of organization are filed by the Department of Revenue and Taxation within 5 days, exclusive of legal holidays, after such date.

(2) When the date specified in the articles of organization is subsequent to, and not later than 90 days after the date of filing of the articles of organizations by the Department of Revenue and Taxation.

2021 NOTE: Reference to “”territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.