5 Guam Code Ann. § 32306
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | up to $1,000 |
Terms Used In 5 Guam Code Ann. § 32306
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Docket: A log containing brief entries of court proceedings.
- 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.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Service of process: The service of writs or summonses to the appropriate party.
(a) The name or names of the seller, including the name under which the seller is doing or intends to do business, if different from the name of the seller, and the name of any parent or affiliated organization
(1) that will engage in business transactions with purchasers relating to sales solicited by the seller or
(2) that accepts responsibility for statements made by, or acts of, the seller relating to sales solicited by the seller.
(b) The seller’s business form and place of organization and, if the seller is a corporation, a copy of its articles of incorporation, bylaws, and amendments thereto, or, if a partnership, a copy of the partnership agreement, or if operating under a fictitious business name, the location where the fictitious name has been registered. All the same information shall be included for any parent or affiliated organization disclosed pursuant to subsection (a).
(c) The complete street address or addresses of all locations, designating the principal location from which the telephonic seller will be conducting business. If the principal business location of the seller is not in Guam, then the seller shall also designate a statutory agent within Guam who is authorized to accept service of process.
(d) A listing of all telephone numbers to be used by the seller and the address where each telephone using each of these telephone numbers is located.
(e) The names of, and the offices held by, the seller’s officers, directors, trustees, general and limited partners, sole proprietor, and owners, as the case may be, and the names of those persons who have management responsibilities in connection with the seller’s business activities.
(f) The complete address of the principal residence, the date of birth, and the driver’s license number and state of issuance of each of the persons whose names are disclosed pursuant to subsection (e).
(g) A statement, meeting the requirements of this subsection, as to both the seller, whether a corporation, partnership, firm, association, joint venture, or any other type of business entity (and whether or not identified pursuant to subsection (e)), and as to any person identified pursuant to subsection (e) who:
(1) Has been convicted of a felony or misdemeanor. For the purposes of this subsection, a plea of nolo contender is a conviction.
(2) Has at any time during the past seven (7) years filed in bankruptcy or been adjudged a bankrupt.
(3) For purposes of paragraphs (1) and (2) above, the statement shall identify the seller or person, the court rendering the conviction or judgment, and the docket number and date of the conviction or judgment.
(h) A list of the names and principal residence addresses of salespersons who solicit on behalf of the telephonic seller and the names the salespersons use while so soliciting.
(i) A description of the items the seller is offering for sale and a copy of all sales scripts the telephonic seller requires salespersons to use when soliciting prospective purchasers, or if no sales script is required to be used, a statement to that effect.
(j) A copy of all sales information and literature (including, but not limited to, scripts, outlines, instructions, and information regarding how to conduct telephonic sales, sample introductions, sample closings, product information, and contest or premium- award information) provided by the telephonic seller to salespersons or of which the seller informs salespersons, and a copy of all written materials the seller sends to any prospective or actual purchaser.
(k) If the telephonic seller represents or implies, or directs salespersons to represent or imply, to purchasers that the purchaser will receive certain specific items (including a certificate of any type which the purchaser must redeem to obtain the item described in the certificate) or one (1) or more items from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, or otherwise, the filing shall include the following:
(1) A list of the items offered.
(2) The value or worth of each item described to prospective purchasers and the basis for the valuation.
(3) The price paid by the telephonic seller to its supplier for each of these items and the name, address, and telephone number of each item’s supplier.
(4) If the purchaser is to receive fewer than all of the items described by the seller, the filing shall include the odds a single prospective purchaser has of receiving each item and the name and address of each recipient who has, during the preceding twelve (12) months (or if the seller has not been in business that long, during the period the telephonic seller has been in business) received the item having the greatest value and the item with the smallest odds of being received.