N.J. Admin. Code § 19:25-11.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:25-11.10 - Partnership contributions prohibited

(a) A partnership entity as defined in (b) below shall not be permitted to make contributions as an entity. A contribution received by a campaign or organizational treasurer and made by means of a check or written instrument drawn on a partnership account shall be signed by a partner or partners and shall be deemed to be a contribution from the partner or partners who signed the check or written instrument by which the contribution was conveyed or, in the case of a contribution of currency, the partner who has conveyed the currency. If the check or written instrument is drawn on a partnership account and is signed by an individual other than a partner, or if it is the intent of the contributor that any portion of a contribution received from a partnership account is to be attributed or allocated to a partner or partners who have not signed the check or written instrument, or in the case of a currency contribution if the currency was conveyed by an individual who is not a partner, the following written information shall be received and maintained by the campaign or organizational treasurer:

1. Written instructions concerning the allocation of the contribution amount to a contributing partner, or among contributing partners;

2. A signed acknowledgment of the contribution from each contributing partner who has not signed the contribution check or other written instrument; and

3. Contributor information for each contributing partner as required by 19:25-7.1.

(b) For the purposes of this section, the term "partnership entity" means:

1. Any partnership or joint venture organized under or governed by Title 42 of the New Jersey Statutes, including general partnerships within the meaning of N.J.S.A. 42:1-1 et seq., limited liability partnerships organized pursuant to N.J.S.A. 42:1-45 et seq., limited partnerships organized pursuant to or governed by 42:2A-1 et seq., and limited partnership associations organized pursuant to 42:3-1 et seq.; and

2. Any similar association of two or more persons to carry on as co-owners a business for profit including, but not limited to, joint ventures, general partnerships, limited liability partnerships and limited partnerships organized or governed by corresponding laws of any other jurisdiction.

(c) A limited liability company organized pursuant to 42:2B-1 et seq., shall not be permitted to make contributions as an entity. A contribution received by a campaign or organizational treasurer drawn upon a limited liability company account and made by means of a check or written instrument drawn on the account of a limited liability company shall be signed by a member or members and shall be deemed to be a contribution from the member or members who signed the check or written instrument by which the contribution was conveyed or, in the case of the contribution of currency, the member who has conveyed the currency. If the check or written instrument is drawn on a limited liability company account and is signed by an individual other than a member, or if it is the intent of the contributor that any portion of a contribution received from a limited liability company account is to be attributed or allocated to a member or members who have not signed the check or written instrument, or in the case of a currency contribution, if the currency was conveyed by an individual who is not a member, the following written information shall be received and maintained by the campaign or organizational treasurer:

1. Written instructions concerning the allocation of the contribution amount to a contributing member, or among contributing members;

2. A signed acknowledgment of the contribution from each contributing member who has not signed the contribution check or other written instrument; and

3. Contributor information for each contributing member as required by 19:25-7.1.

(d) In the case of a partnership entity, as defined in (b) above, and in the case of a limited liability company, as described in (c) above, whose partners or members are making contributions by means of a check issued by the partnership entity or limited liability company to a continuing political committee that is established and controlled by the partners or members, provided that the partnership entity or limited liability company controls only a single continuing political committee, the requirement to obtain a signed acknowledgment from each contributing partner or member shall be satisfied if the check from the partnership entity or limited liability company is accompanied by a list of the names of all contributing partners or members and a certification from an authorized partner or member or other authorized individual identifying any partner or member whose contributions to the continuing political committee in the calendar year exceed $ 300.00 in the aggregate.

(e) A contribution received by an organizational treasurer or campaign treasurer from a contributing partner or member by means of a check drawn on the account of a partnership entity, as defined in (b) above, or a limited liability company, as described in (c) above, shall be reported pursuant to 19:25-8.6, 8.9, 9.3, 10.2 and 10.3.

N.J. Admin. Code § 19:25-11.10

New Rule, R.1998 d.584, effective 12/21/1998.
See: 30 N.J.R. 3391(a), 30 N.J.R. 4389(a).
Amended by R.2000 d.322, effective 8/7/2000.
See: 32 N.J.R. 1291(a), 32 N.J.R. 2930(a).
In (a) and (c), rewrote the introductory paragraphs.
Amended by R.2000 d.472, effective 11/20/2000 (operative January 1, 2001).
See: 32 N.J.R. 2987(a), 32 N.J.R. 4112(a).
In (d), increased dollar amount.
Amended by R.2004 d.471, effective 12/20/2004 (operative January 1, 2005).
See: 36 N.J.R. 4071(a), 36 N.J.R. 5692(b).
In (d), substituted "$ 300.00" for "$ 400.00".
Amended by R.2010 d.062, effective 4/19/2010.
See: 41 N.J.R. 4682(a), 42 N.J.R. 811(a).
In (e), inserted "or campaign treasurer", "a" preceding "limited" and "8.6, 8.9,".