Title 5, Government Operations

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 Impersonation includes performing notarial acts when the commission of the person performing has expired or been revoked or the person has resigned his or her comm…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…

(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…

The court may, upon its own motion or the motion of a party, order the entry of the Attorney General in any case where the interests of a minor child so require. SOURCE: Added by P.L. 22-099:17 (Mar. 31, 1994). COL 2024-12-05 TITLE 5 GOVERNMENT OPERATIONS

(a) An order of current child support entered by a Court or tribunal shall terminate by operation of law when the child on whose behalf the support is owed marries, becomes emancipated, or the latter of reaching the age of majority or graduating from high school or equivalent, bu…

(a) Whenever the Department of Public Health and Social Services (DPHSS) refers a case to the Attorney General, the DPHSS shall furnish the Attorney General with the names, ages and addresses of the persons for whom support is being sought, and in any subsequent child support act…

(a) Upon final hearing, judgment for the Department shall include all sums expended during the pendency of the action. When the Department recovers judgments it may enforce, compromise or settle the judgments with the consent of the Attorney General in any way considered to be in…

(a) Upon application, the Department shall make services relating to the establishment of paternity and in enforcement of child obligations described in this Chapter available to persons not receiving aid to dependent children. (b) The Department may require payment of an applica…

(a) The Attorney General and any other States IV-D agency may request the following information to carry out the provisions of this Chapter, and such information shall be provided upon request: (1) The records of the following public officers and local agencies: (A) the Office of…

(a) The Attorney General shall enter into agreements with financial institutions doing business on Guam to coordinate the development and operation of a system for matching data, using automated exchanges or data to the maximum extent feasible. As used in this Section, “financial…

(a) A disclosure made in good faith pursuant to § 34109 shall not give rise to any action for damages for the disclosure; except that with regard to financial records from financial institutions, such information may be disclosed only for the purpose of establishing, modifying or…

(a) The Department shall cooperate with the Department of Public Health and Social Services, the Department of Administration, and the Superior Court of Guam in the collection, accounting for and disbursement of funds paid pursuant to any order of support issued by the Superior C…

The Child Support Enforcement Account (Account) under the administration of the Department of Administration is hereby established separate and apart from all other funds and accounts of the government of Guam. The Account shall be used in accordance with Chapters 34 and 35 of Ti…

The Department shall operate a parent locator service for the location of any parent who has abandoned or deserted any child, irrespective of whether such child is or is not receiving aid to families with dependent children. The records of such service shall contain as far as is …