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§ 14-105. Contributions attributable to business entities

West's Annotated Code of MarylandElection LawEffective: October 1, 2017

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 14. Disclosure by Persons Doing Public Business (Refs & Annos)
Effective: October 1, 2017
MD Code, Election Law, § 14-105
Formerly cited as MD CODE Art. 33, § 14-101;  MD CODE Art. 33, § 14-103
§ 14-105. Contributions attributable to business entities
Currentness
Contributions by officer, director, or partner attributed to business entity
(a) Except as provided in subsection (f) of this section, an applicable contribution made by an officer, director, or partner of a business entity doing public business shall be attributed to the business entity.
Report of business contributions to chief executive officer
(b) Except as provided in subsection (f) of this section, each officer, director, or partner of a business entity doing public business who makes an applicable contribution shall report the applicable contribution to the chief executive officer of the business entity.
Contributions made at suggestion or direction of business entity
(c) An applicable contribution by an officer, director, partner, employee, agent, or other person made at the suggestion or direction of a business entity doing public business shall be attributed to the business entity.
Report of individual contributions to chief executive officer
(d) Each officer, director, partner, employee, agent, or other person who, at the suggestion or direction of a business entity doing public business, makes an applicable contribution shall report the applicable contribution to the chief executive officer of the business entity.
Subsidiary business entities
(e)(1) Business done with a governmental entity by a subsidiary of a business entity shall be attributed to the business entity.
(2) Applicable contributions made by or attributed to a subsidiary shall be attributed to the business entity.
Nonprofit organizations
(f)(1) In this subsection:
(i) “officer” means an individual who serves as an organization's president or chairman, vice-president or vice-chairman, secretary, treasurer, or executive director, or any individual exercising duties comparable to those typically exercised by an individual holding one of those titles in a nonprofit organization; and
(ii) “officer” does not include an individual holding a title but not exercising substantial independent responsibility on behalf of the organization similar to the responsibility typically exercised by an individual holding one of the titles under item (i) of this paragraph.
(2) Subject to paragraph (3) of this subsection, an applicable contribution made by an individual who serves as a trustee or member of the board of directors or as an officer of a nonprofit organization doing public business is not attributable to the organization, and the individual is not required to report the applicable contribution to the chief executive officer of the organization.
(3) This subsection does not apply if:
(i) the applicable contribution is made on the recommendation of the nonprofit organization; or
(ii) the individual described in paragraph (2) of this subsection is paid by the nonprofit organization.
Recordkeeping requirements for persons doing public business
(g)(1) A person doing public business shall maintain detailed and accurate records of:
(i) contracts made by the person or attributed to the person that cause the person to be doing public business; and
(ii) applicable contributions made by the person or attributed to the person.
(2) Records required to be kept under this subsection shall be preserved until the earlier of:
(i) 10 years after the creation of the record; or
(ii) 4 years after performance is completed on the contract that caused the person to be doing public business.

Credits

Added by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003. Amended by Acts 2002, c. 303, § 2, eff. Jan. 1, 2003; Acts 2002, c. 405, § 3, eff. Jan. 1, 2003; Acts 2003, c. 20, § 1, eff. April 8, 2003; Acts 2005, c. 528, § 1, eff. Oct. 1, 2005; Acts 2013, c. 419, § 1, eff. Jan. 1, 2015; Acts 2016, c. 252, § 1, eff. Oct. 1, 2016; Acts 2017, c. 631, § 1, eff. Oct. 1, 2017.
Formerly Art. 33, §§ 14-101, 14-103.
MD Code, Election Law, § 14-105, MD ELEC LAW § 14-105
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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