Title 5 — Government Operations

At the time of notarization, the notary’s journal must be signed, as applicable, by: (1) The person for whom a notarial act is performed; and (2) The two (2) witnesses to a signature by mark of a document that is notarized.

(a) Except as otherwise provided in subsection (e) of this section, and notwithstanding 5 GCA, Chapter 10 or any other law, a journal of notarial acts is an official public record that may be inspected only in the notary’s presence by an individual whose identity is personally kn…

In completing a notarial act, a notary shall sign on the notarial certificate exactly and only the name indicated on the notary’s commission.

(a) A notary shall keep an official notarial seal that is the exclusive property of the notary and that may not be used by any other person or surrendered to an employer upon termination of employment. (b) Upon resignation, revocation, or expiration of a notarial commission, or d…

(a) Near the notary’s official signature on a notarial certificate, the notary shall affix in black ink a sharp, legible, and photographically reproducible inked stamp impression of the notarial seal that must include the following elements: (1) The notary’s name exactly as is in…

(a) A vendor may not provide a notary seal, either inking or embossing, to a person claiming to be a notary, unless the person presents the following documents, which the vendor must retain for a period of three (3) years: A photocopy of the person’s notarial commission, attached…

A notary shall use a certificate in substantially the following form in notarizing the signature or mark of persons acknowledging for themselves or as partners, corporate officers, attorneys in fact, or in other representatives capacities, or may use such other forms of certifica…

A notary shall use a jurat certificate in substantially the following form in notarizing a signature on an affidavit, deposition, or other sworn or affirmed written declaration: “Territory of Guam. Subscribed and sworn to before me this _____ day of ________, 19____ by __________…

A notary shall use a certificate in substantially the following form in notarizing a certified copy: “Territory of Guam. On this ____ day of ___________, ____, I certify that the preceding or attached document, and the duplicate retained by me as a notarial record, are true, exac…

(a) A notary is liable to any person for all damages proximately caused that person by the notary’s official misconduct in performing a notarization. (b) A surety for a notary’s bond is liable to any person for damages proximately caused that person by the notary’s official misco…

Recovery of damages against a notary, surety, or employer does not require that the notary’s misconduct be the sole proximate cause of the damages. PART 2 – REVOCATION

(a) The Attorney General may revoke a notarial commission on any ground for which an application for a notarial commission may be denied under 33201 of this Chapter. (b) Resignation or expiration of a notarial commission does not terminate or preclude an investigation into a nota…

(a) The Attorney General may deliver a written Official Warning to Cease Misconduct to any notary whose actions are judged to be official misconduct under § 33104 of this Chapter. (b) The Attorney General may seek a court injunction to prevent a person from violating any provisio…

A notary who knowingly and repeatedly performs or fails to perform any act prohibited or mandated respectively by this Chapter is guilty of a third degree felony. Except as authorized under Article 10 of this Chapter, a notary who knowingly performs a notarization for a person wh…

The remedies of this Chapter supplement other remedies and penalties provided by law. PART 3 - WILLFUL CRIMES

Any person not a notary who knowingly acts as or otherwise impersonates a notary is guilty of a third degree felony. Impersonation includes performing notarial acts when the commission of the person performing has expired or been revoked or the person has resigned his or her comm…

Any person who knowingly obtains, conceals, defaces, or destroys the seal, journal, or official records of a notary is guilty of a third degree felony.

Any person who knowingly solicits, coerces, or in any way influences a notary to commit official misconduct is guilty of a third degree felony. ---------- ARTICLE 7 MISCELLANEOUS

Within thirty (30) days after the change of a notary’s business or residence address, the notary shall deliver to the Attorney General, by certified mail or other means providing a receipt, a signed notice of the change, giving both old and new addresses.

(a) A notary with a change of name shall deliver to the Attorney General a signed notice of the change, giving both old and new names and the effective date of the new name. (b) Starting on the effective date of the change, a notary with a new name officially shall sign that name…

Within ten (10) days after the loss or theft of any official journal or seal, the notary shall deliver to the Attorney General, by certified mail or other means providing a receipt, a signed notice of the loss or theft, and inform the appropriate law enforcement agency in the cas…

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…

(a) This Chapter may be filed as the Personal Responsibility and Self-Sufficiency Act of 1997. (b) I Liheslaturan Guåhan finds and declares that families that receive public assistance possess a sense of responsibility and accountability. I Liheslaturan Guåhan further finds that …

The child support enforcement agency may establish, enforce or modify a Court order for the support of a child against the parents of a non-custodial parent if: (a) the custodial parent and non-custodial parent of the child are both less than eighteen (18) years of age; and (b) t…

As used in this Chapter: (a) “Absent parent” means any person who is responsible for the support of a child, who is absent from the household whether such person’s location is known or unknown, and who fails to provide for the support of such child. (b) “Department” means the Dep…

There shall be in the Department a Child Support Enforcement Office which shall carry out the provisions of this Chapter. Reports and information obtained pursuant to this Chapter shall be confidential and shall only be made available as necessary to: (a) a duly authorized offici…

[Repealed, reserved, or text not separately stated.]

(a) In acting as the official agency in administering the child support program under Title IV-D, the child support enforcement office, directly or through agents and agencies, subject to Subsection (b) of this § 34103.2 may report periodically to consumer reporting agencies the …

In acting as the official agency in administering the child support program under Title IV-D, in cases in which there is past due child support, the child support enforcement agency may secure assets to satisfy the past due amount by issuing writs of execution. Those writs of exe…

(a) When a custodial parent or person entitled to spousal support is accepted for welfare or food stamp assistance, and the Department of Public Health and Social Services determines that there is an absent parent or former spouse who is or should be paying support to the custodi…

(a) I Liheslaturan Guåhan has determined there is public policy in favor of establishing paternity, of having parents support their children, and in having fair and equitable support orders. Therefore, whether or not the minor children have been or are recipients of public assist…