11 Guam Code Ann. § 70129
Terms Used In 11 Guam Code Ann. § 70129
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Plaintiff: The person who files the complaint in a civil lawsuit.
SOURCE: GC § 16026.1 added by P.L. 14-072:4 (Oct. 31, 1977).
§ 70130. Restriction of Activities on Persons Engaging in, Transacting, Conducting, Continuing, Doing, or Carrying on a Business Without Licenses.
(a) It is the policy of the government of Guam that all persons engaging in, transacting, conducting, continuing, doing, or carrying on a business have business licenses.
(b) Unless otherwise specifically exempted by law, no person shall engage in, transact, conduct, continue, do, or carry on a business in Guam until it obtains a business license. The requirement to obtain a business license shall be independent of and in addition to a requirement for a certificate of authority from the Director of Revenue and Taxation or other applicable regulating agency or board, pursuant to applicable Guam laws, including, but not limited to, 22 Guam Code Ann. § 15307, 22 Guam Code Ann. § 15102, 18 Guam Code Ann. § 7102 and 11 Guam Code Ann. § 106213.
SOURCE: GC § 16027 added by P.L. 19-010:XI:18. Amended by P.L. 27-057:7.
2015 SOURCE: Subsection designations added pursuant to authority granted by 1
GCA § 1606.
CROSS-REFERENCES: See 11 GCA § 104109 specifically regulating the bringing of actions by real estate brokers and salesmen for their compensation.
COURT DECISIONS: Dismissal of a complaint because Plaintiff did not have a Business License did not violate Due Process and was a valid means of enforcing a Territorial interest, that businesses obtain business licenses. Pacific Equity & Capital Enterprises, Inc., and Segundo A. Unpingco v. Baba Corporation, et al., D.C. App.Div. D.C. Civ. Case No. 90-00068A, 5/11/1991.
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11 Guam Code Ann. FINANCE & TAXATION
CH. 70 GENERAL PROVISIONS
In conclusion, because Alice was neither the owner of the premises nor in possession of a business license at the time of the alleged breaches and had made no effort to secure a business license until well after a significant period of time had elapsed from the date of her succession to the lease in question, and there were no genuine issues of material fact, we hold that it was not error to grant Kim’s motion for summary judgment. Taijeron v. Kim, Guam Supreme Court, 1999 Guam 16 ¶
29.