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Terms Used In 18 Guam Code Ann. § 26103

  • 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.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The certificate filed with the Director of Revenue and Taxation as provided in § 26101 must be signed by the person therein referred to, or by the partners, as the case may be and acknowledged before some officer,

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18 Guam Code Ann. BUSINESS STRUCTURE & FUNCTION
CH. 26 USE OF FICTITIOUS NAMES

authorized to take the acknowledgment of conveyances of real property. Where a business in hereafter commenced by a person under a fictitious name or a partnership is hereafter formed, the certificate must be filed within one month after the commencement of such business or after the formation of the partnership, or within one month from the time designated in the agreement of its members for the commencement of the partnership. Where the business has been heretofore conducted under a fictitious name or where the partnership has been heretofore formed, the certificate must be filed and the publication made within six months after this Code [Civil Code – 1953] goes into effect.

No person doing business under a fictitious name, or his assignee or assignees, nor any persons doing business as partners contrary to the provisions of this Chapter, or their assignee or assignees, shall maintain any action upon or on account of any contracts made, or transactions had, under such fictitious name, or in their partnership name, in any court of Guam until the certificate has been filed and the publication has been made as herein required.

SOURCE: CC § 2468.

COMMENT: Requirement for publication was repealed from § 26101.