Title 22 — Business Regulation
30 chapters · 733 sections in this title.
22 GCA § 35101 Title
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This Chapter may be cited as the >Guam Accountancy Act of 2003=.
22 GCA § 35102 Purpose
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It is the policy of Guam, and the purpose of this Chapter, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial, and governmental enterpris…
22 GCA § 35103 Definitions
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When used in this Act, the following terms have the meanings indicated: (a) >AICPA= means the American Institute of Certified Public Accountants. (b) (1) ‘Attest’ means providing the following services: (A) any audit or other engagement to be performed in accordance with the Stat…
22 GCA § 35104 Guam Board of Accountancy
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(a) There is hereby created the Guam Board of Accountancy, which shall have responsibility for the administration and enforcement of this Chapter. (1) The Board shall consist of five (5) members appointed by I Maga’låhi, all of whom shall be residents of Guam and holders of licen…
22 GCA § 35105 Qualifications for a Certificate as a Certified Public
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Accountant. (a) The certificate of >certified public accountant= shall be granted to persons of good moral character who meet the education, experience and examination requirements of the following Subsections of this § 35105 and COL4122017 rules adopted thereunder and who make a…
22 GCA § 35106 Issuance and Renewal of Licenses, and Maintenance of
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Competency. (a) The Board shall grant or renew licenses to persons who make application and demonstrate: (1) that their qualifications, including where applicable, the qualifications prescribed by § 35105, are in accordance with the following Subsections of this Section, or (2) t…
22 GCA § 35107 Firm Permits to Practice, Attest and Compilation Competency
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and Peer Review. (a) The Board shall grant or renew permits to practice as a CPA firm to applicants that demonstrate their qualifications therefor in accordance with this Section. (1) The following must hold a permit issued under this Section: (A) any firm with an office in Guam …
22 GCA § 35108 Appointment of Director of the Department of Revenue and
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Taxation as Agent. Application by a person or a CPA firm not a resident of Guam for a license under § 35106, or a Firm Permit to Practice under § 35107, shall constitute appointment of the Director of the Department of Revenue and Taxation as the applicant=s agent upon whom proce…
22 GCA § 35109 Enforcement and Grounds for Discipline
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(a) After notice and hearing pursuant to § 35111 of this Chapter, the Board may revoke any certificate, licenses, or Firm Permit to Practice issued under § 35105, § 35106, or § 35107 or corresponding provisions of prior law, or revoke or limit privileges under § 35122; suspend an…
22 GCA § 35110 Enforcement Procedures - Investigations
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(a) The Board may, upon receipt of a complaint or other information suggesting violations of this Chapter or of the rules of the Board, conduct investigations to determine whether there is probable cause to institute proceedings under § 35111, § 35114, § 35115, or any other Secti…
22 GCA § 35111 Enforcement Procedures Hearings by the Board
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(a) In any case where probable cause with respect to a violation by a licensee, holder of a certificate, or an individual with privileges granted under § 35122 of this Chapter has been determined by the Board, whether following an investigation under § 35110 of this Chapter, or u…
22 GCA § 35112 Reinstatement
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(a) In any case where the Board has suspended or revoked or refused to renew a certificate, license, a Firm Permit to Practice, or privileges under §35122, the Board may, upon application in writing by the person or firm affected and for good cause shown, modify the suspension, o…
22 GCA § 35113 Unlawful Acts
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(a) Only licensees and individuals who have practice privileges under § 35122 of this Chapter may issue a report on financial statements of any person, firm, organization, or governmental unit, or offer to render or render any attest or compilation service, as defined herein. Thi…
22 GCA § 35114 Injunctions against Unlawful Acts
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Whenever, as a result of an investigation under § 35110 of this Chapter or otherwise, the Board believes that any person or firm has engaged, or is about to engage, in any acts or practices which constitute or will constitute a violation of § 35109, § 35113, or any other provisio…
22 GCA § 35115 Criminal Penalties
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(a) Whenever, by reason of an investigation under § 35110 of this Chapter or otherwise, the Board has reason to believe that any person or firm has knowingly engaged in acts or practices that constitute a violation of § COL4122017 35113, or any other provision of this Chapter, or…
22 GCA § 35116 Single Act Evidence of Practice
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In any action brought under § 35111, § 35114 or § 35115 of this Chapter, evidence of the commission of a single act prohibited by this Chapter shall be sufficient to justify a penalty, injunction, restraining order, or conviction, respectively, without evidence of a general cours…
22 GCA § 35117 Confidential Communications
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Except by permission of the client for whom a licensee performs services, or the heirs, successors, or personal representatives of such client, a licensee under this Chapter shall not voluntarily disclose information communicated to the licensee by the client relating to and in c…
22 GCA § 35118 Licensees= Working Papers; Clients= Records
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COL4122017 (a) Subject to the provisions of § 35117, all statements, records, schedules, working papers, and memoranda made by a licensee or a partner, shareholder, officer, director, member, manager or employee of a licensee, incident to, or in the course of, rendering services …
22 GCA § 35119 Privity of Contract
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(a) This section applies to all causes of action of the type specified herein filed on or after the effective date of the enactment of this section. COL4122017 (b) This section governs any action based on negligence brought against any accountant, or firm of accountants, practici…
22 GCA § 35120 Uniform Statute of Limitations
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(a) This section applies to all causes of action of the types specified herein filed on or after the effective date of the enactment of this section. COL4122017 (b) This section governs any action based on negligence or breach of contract brought against any licensee, or any CPA …
22 GCA § 35121 Proportionate Liability
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(a) This Section applies to all causes of action of the type specified herein filed on or after the effective date of the enactment of this section. (b) This Section governs any claim for money damages brought against any licensee or any CPA firm registered, licensed, or practici…
22 GCA § 35122 Substantial Equivalency
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(a) An individual whose principal place of business is not in Guam. (1) An individual whose principal place of business is not in Guam and who holds a valid license as a certified public accountant from any State which the NASBA National Qualification Appraisal Service has verifi…
22 GCA § 35123 Construction; Severability
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If any provision of this Chapter or the application thereof to any person or entity or in any circumstances is held invalid, the remainder of the Chapter and the application of such provision to others or in other circumstances shall not be affected thereby.
22 GCA § 35124 Repeal of Prior Law
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All other acts or parts of acts in conflict herewith are hereby repealed; provided, however, that nothing contained in this Chapter shall invalidate or affect any action taken or any proceeding instituted under any law in effect prior to the effective date hereof. COL4122017
22 GCA § 35125 Effective Date
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This Chapter shall take effect upon its enactment. ---------- COL4122017 COL4122017
22 GCA § 39101 License Board: Established
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There is hereby established in the Government of Guam a Cockpit License Board (hereafter referred to as the Board) which shall consist of three members including the chairman appointed by the Governor with the consent of the Legislature. SOURCE: GC § 26100.
22 GCA § 39102 Same: Terms and Compensation
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The members and Chairman of the Board shall be appointed for terms of one (1) year each and shall receive compensation at the rate of Fifty Dollars ($50) for each attendance at the meeting of the Board, provided, however, that no member shall receive more than One Hundred Dollars…
22 GCA § 39103 Same: Rules & Regulations
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The Governor may issue as Executive Orders and the Board may recommend to the Governor for issuance as Executive Orders such reason- able rules and regulations, not inconsistent with the laws of Guam as may be necessary or desirable to enable the Board to carry into effect the pr…
22 GCA § 39104 Same: Employees
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Within the limits of the authorized budget and consistent with the Compensation Law of Guam [Title 4, GCA], the Board may employ and discharge such employees as shall from time to time be necessary in carrying out the duties and responsibilities imposed thereunder. SOURCE: GC § 2…
22 GCA § 39105 Cockpits, Authorization to License
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The Board is authorized to issue cockpit licenses for both Balentia and Amara cockpits. Balentia cockfighting shall be that in which the cocks are not equipped with knives or other sharp instruments. Amara cockfighting shall be that in which the cocks are equipped with knives or …
22 GCA § 39106 Licenses: Issuance
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Licenses for the operation of cockpits shall be issued by the Board only after the awarding of the license as herein provided. SOURCE: GC § 26105.
22 GCA § 39107 Bid, Invitation for and Submission of
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(a) Whenever there are two (2) or less current licenses in effect, the Board shall conduct a public meeting at which it shall review cockpit operations and authorize the letting of bids for licenses which will be new or which will replace the expired or non-renewed licenses. (b) …
22 GCA § 39108 License, Award of
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The board shall award the license to the highest bidder provided that the bidder is approved by the Board. In the event that the Board does not approve the highest bidder, or the highest bid is for any reason not acceptable to the Board, new notices shall be posted and bids recei…
22 GCA § 39109 License, Duration, Number, Suspension or Revocation;
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Citizenship Requirement. COL08062012 (a) Licenses to operate cockpits shall be issued for a five (5) year period and may be renewed for an additional five (5) year period upon payment of an amount equal to the amount of his original bid. (b) No more than three (3) licenses in whi…
22 GCA § 39110 Cockfights: Days
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(a) Cockfights may be held on Sundays, legal holidays or church holidays. In addition thereto, additional cockfight events may be held each year upon the approval thereof by a majority of the members of the Board. (b) Notwithstanding any other provisions of law, I Maga=lahen Guåh…
22 GCA § 39111 Operation of Cockpits
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Cockpits may be operated at any time on a day on which they are authorized to be held. SOURCE: GC § 26114. Amended by P.L. 10-30. Repealed and reenacted by P.L. 16:120:28(c).
22 GCA § 39112 Same: Admission Fees
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The admission fee to a cockpit shall be Three Dollars ($3.00). SOURCE: GC § 26115 amended by P.L. 13-133:6.
22 GCA § 39113 Same: Wagers. (Repealed)
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SOURCE: GC § 26116 was repealed by P.L. 3-23.
22 GCA § 39114 Same: Same: Fees
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For each combat between cocks, a fee not to exceed two percent (2%) of the total amount of bets, will be collected by the holder of the franchise. SOURCE: GC § 26117.
22 GCA § 39115 Wagers
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All wagers on a combat shall be made only within the licensed premises and placed with the licensee or his agent. SOURCE: GC § 26118.
22 GCA § 39116 Cockpits & Cockfighting
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Every person who shall: (a) Operate a cockpit without a license is guilty of a misdemeanor; (b) Engage in cockfighting outside of a licensed cockpit is guilty of a misdemeanor. Balentia (without knives or gaffs) or the training of gamecocks shall be exempted from the provision of…
22 GCA § 39117 Same: Drugging Gamecocks and Allied Offenses
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(a) Every person who shall drug, cripple, poison, or in any manner injure any gamecock intended to be matched or entered in a lawful cockfight is guilty of a misdemeanor. For purposes of this section, the taking of a gamecock to within the enclosure of any cockpit shall be suffic…
22 GCA § 39118 Penalty
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Violation of any provision of this Chapter or of any rule or regulation duly promulgated by Executive Order pursuant to the provisions of this Chapter for which another penalty is not expressly provided shall be a petty misdemeanor. SOURCE: GC §26121. Added by P.L. 13-187:183. --…
22 GCA § 43101 Short Title
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This Chapter may be cited as the Tourist Industry Job Corps Act. SOURCE: GC § 26700; added by P.L. 18-48:2.
22 GCA § 43102 Legislative Intent
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It is the intention of the Legislature in enacting this Chapter to support the expansion of tourism on Guam by making available a local work force for the tourism industry. This Chapter may also address the rise of unemployment on Guam. It is not the Legislature's intent to dupli…
22 GCA § 43103 Definitions
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Unless the context otherwise requires, the definitions in this Section govern the construction of this Chapter. (a) Academic Credit means a credit for education, job training, or work experience applicable toward an apprenticeship certification or an accredited certificate of com…
22 GCA § 43104 Eligibility for Services
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Participation in programs and activities financially assisted in whole or in part under this Chapter shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, and other individuals authorized by the U.S. Attorney General to reside …
22 GCA § 43105 Use of Funds
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The following provisions shall apply to all activities financed under this Chapter: (a) Funds available under this Chapter shall be used specifically for tourist related employment training and pre-apprenticeship and apprenticeship construction employment training through any of …
22 GCA § 43106 Limitations
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Programs funded under this Chapter shall be operated on a Fiscal year basis pursuant to a Tourist Industry Job Corps Plan which is prepared in accordance with Section 43108 of this Chapter. SOURCE: GC § 26705; added by P.L. 18-48:2. COL120106
22 GCA § 43107 Tourist Industry Job Corps Commission
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There is hereby established within the government of Guam a Tourist Industry Job Corps Commission composed of seven (7) members. Four (4) members shall be appointed by the Governor and three (3) members shall be appointed by the Speaker of the Legislature. All members shall be ap…