Title 5 — Government Operations

A notary who resigns a notarial commission shall deliver to the Attorney General, by certified mail or other means providing a receipt, a notice indicating the effective date of resignation. 2015 NOTE: Subsection designation was removed to adhere to the Compiler’s general codific…

(a) When a notarial commission is resigned, revoked, or expires, the notary shall: (1) As soon as reasonably practical, destroy the official seal; and (2) Within thirty (30) days of the after the effective date of resignation, revocation or expiration, deliver to the Attorney Gen…

If a notary dies during the term of commission, the notary’s heirs or legal representative, as soon as reasonably practical after death, shall deliver to the Attorney General by certified mail or other means providing a receipt (a) a notice of the date of death, and (b) the notar…

Notwithstanding 5 GCA § 10203, or any other law, the Attorney General may charge a copying fee not to exceed Two Dollars ($2) for the first page of any requested document under this Chapter, such as Notarial Commissions, Certificates of Authority and the Model Notary Law, not to …

(a) The authenticity of the official notarial seal and signature of a notary of Guam may be evidenced by: (1) A Certificate of Authority from the Attorney General, authenticated as necessary; (2) An Apostille in the form prescribed by the Hague Convention Abolishing the Requireme…

A certificate of authority evidencing the authenticity of the official notarial seal and signature of a notary of Guam must be in substantially the following form: “Certificate of Authority for a Notarial Act I, ______ (name, Attorney General of the Territory of Guam, U.S.A.) cer…

An Apostille prescribed by the Hague Convention, as cited in 28 U.S.C.A. in the annotations to Rule 44 of the Federal Rules of Civil Procedure, must be in the form of a square with sides at least nine (9) centimeters long and contain exactly the following wording: “APOSTILLE (Con…

Any commissioned officer of the Armed Forces of the United States, while on active duty, who is authorized to administer oaths by the Uniform Code of Military Justice, may administer oaths and affirmations, take depositions, affidavits and acknowledgements of deeds, grants, trans…

As used in this Article: (a) Appear, or personally appear, or in the presence of means: (1) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or (2) interac…

The Attorney General of Guam shall maintain standards for remote online notarization in accordance with the Rules for Remote Online Notarization, pursuant to Article 3 of Chapter 1, Title 19, Guam Administrative Rules and Regulations.

(a) A notary public commissioned in Guam may become a remote online notary public in accordance with this Section. Before a notary performs a remote online notarization, he or she must apply with the Office of the Attorney General of Guam in accordance with the Rules for Remote O…

A remote online notary public physically located in Guam may perform a remote online notarial act using communication technology in accordance with this Article and the Rules for Remote Online Notarization for a remotely located individual who is physically located: (a) in Guam; …

(a) A remote online notary public shall keep a secure electronic journal of each remote online notarial act performed by the remote online notary public. The electronic journal must contain for each remote online notarization: (1) the date and time of the notarization; (2) the ty…

(a) A remote online notary public shall keep the remote online notary public’s electronic journal, electronic signature, and electronic seal secure. The remote online notary public may not allow another person to use the remote online notary public’s electronic signature or elect…

(a) A remote online notary public may perform a remote online notarization authorized under this Article that meets the requirements of this Article and the Rules for Remote Online Notarization regardless of whether the principal is physically located in Guam at the time of the r…

A remote online notary public or the remote online notary public’s employer may charge a fee for performance of remote online notarization.

Commission. (a) Except as provided in Subsection (b) of this Section, a remote online notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the remote online notary public’s officia…

Criminal Offense. (a) A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software or hardware enabling a remote online notary public to affix an official electronic signature or seal commits a crimi…

In the event of a conflict between the provisions of this Article and any other laws of Guam, the provisions of this Article shall control. ------- ARTICLE 11 ELECTRONIC RECORDING AUTHORIZATION SOURCE: Added by P.L. 35-100:2 (Oct. 29, 2020).

(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by paper copy of an electronic record that complies with the requirements of this Chapter. (b) If a law requ…