22 Guam Code Ann. § 32123
Terms Used In 22 Guam Code Ann. § 32123
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
A corporation, partnership, proprietorship or limited liability company holding itself out or performing any of the services involved in the practice of engineering, architecture, landscape architecture or land surveying must obtain a Certificate of Authorization from the Board. The Board may issue a Certificate of Authorization to such corporation, partnership, proprietorship or limited liability company, provided that:
(1) one (1) or more of the officers of a corporation; one (1) or more of the general partners of a partnership (including limited liability partnership); the sole proprietor of a proprietorship; or one (1) or more of the managers of a limited liability company are registered under this Chapter, or the engineering, architecture, landscape architecture or land
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surveying registration law of another jurisdiction within the United
States, District of Columbia or its Territories; and
(2) any agreement to perform such services shall be executed on behalf of the corporation, partnership, limited liability company by the officer or officers, general partner or partners, sole proprietor or by the manager or managers who are registered on Guam and who exercises responsible control over the particular services contracted for by the corporation, partnership, proprietorship or limited liability company.
The requirements of this Chapter shall not prevent the employees of such corporations, partnerships, proprietorships or limited liability companies from performing engineering, architecture, landscape architecture or land surveying services; provided, that all technical submissions involving the practice of engineering, architecture, landscape architecture or land surveying as defined in this Chapter when issued, or filed for public record, shall be dated, and bear the seal and signature of the professional engineer, architect, landscape architect, or professional land surveyor under whose responsible control it was prepared.
(b) A corporation, partnership, proprietorship or limited liability company desiring a Certificate of Authorization shall furnish the Board such information about its organization and activities as the Board may require by regulation, and to designate the individual or individuals duly registered to practice engineering (by discipline), architecture, landscape architecture, or land surveying on Guam who shall be in responsible control of the practice as the Responsible Managing Employee (RME).
(c) A multi-discipline firm who has more than one (1) designated RME shall be required to have a minimum of one (1) RME and who must have full control over the particular services contracted for by the firm. In the event there shall be a change in any of these persons during the year, such change shall be reported in the form as issued by the Board within thirty (30) days after the effective date of said change.
If all of the requirements of this Section are met, the Board may issue a Certificate of Authorization to such corporation, partnership, proprietorship or limited liability company authorizing such organizations to contract for and to collect fees for furnishing engineering, architecture, landscape architecture or land surveying services. All off-island firms shall be required
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to maintain a local office under the control of at least one (1) Responsible Managing Employee who shall be in full control of the operations of the firm. The COA shall be displayed in a conspicuous place in such business.
No such corporation, partnership, proprietorship or limited liability company shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with the provisions of this Section, nor shall any individual practicing engineering, architecture, landscape architecture or land surveying services performed by reason of his employment or relationship with such corporation, partnership, proprietorship or association.
A certificate of incorporation shall not be issued to an applicant for a registration as a foreign firm to a firm which includes, among the objectives for which it is established any of the words “”engineer””, “”engineering””, “”architect””, “”architecture””, “”landscape architect””, “”landscape architecture””, “”surveyor””, “”land surveying””, or any modification or derivation thereof, unless the Board has issued for the said applicant a Certificate of Authorization or letter indicating the eligibility of such applicant to receive such a certificate. The firm shall supply such certificate or letter from the Board with the applicant’s application for incorporation, licensure or authorization.
(d) The responsible department within the government of Guam shall decline to register any trade name or service mark which includes such words as set forth in Subsection (c) of this Section, or modification or derivatives thereof, in its firm name or logo type, except those firms holding an authorization certificate under the provisions of this Section.
(e) An engineer, architect, landscape architect or land surveyor who renders occasional part-time or consulting engineering, architectural, landscape architect or land surveying services to or for a firm may not, for the purposes of this Section, be designated as being responsible for the professional activities of the firm.
(f) This Section shall not require a Certificate of Authorization for a firm performing engineering, architecture, landscape architecture or land surveying for the firm itself or a parent or subsidiary of said firm.
(g) The Certificate of Authorization shall be renewed as herein provided in § 32117(a).
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