Section 2 AAC 50.292 - Nongroup entities(a) Before making a contribution or an independent expenditure, a person seeking the status of a nongroup entity shall apply to register as a nongroup entity by submitting the following information and documentation on the nongroup entity registration form prescribed by the commission:(1) the person's name, address, and purpose;(2) the name and address of a chair and a treasurer; the same individual may serve as both chair and treasurer;(3) each election in which the person intends to be active as a nongroup entity during the year;(4) if the person seeking the status of a nongroup entity is a corporation, (A) a copy of a determination from the United States Internal Revenue Service that the corporation is a social welfare organization as described in 26 U.S.C. 501(c)(4);(B) a copy of the certificate of incorporation issued under AS 10.20.156 or under a substantially similar statute of another state;(C) a copy of the corporation's articles of incorporation and bylaws;(D) an affidavit from a director or officer showing that the corporation's purposes include one or more of the following: (ii) influencing elections;(iii) research, training, or educational activities tied to the corporation's political goals; and(E) an affidavit from a director or officer showing that the corporation does not include shareholders or persons other than employees who(i) have an equitable interest in the corporation or are affiliated in a way that would allow them to make a claim on the organization's assets or earnings; or(ii) receive a benefit that they would lose if they ended their affiliation with the corporation or that they could not obtain unless they became affiliated; for the purposes of this sub-subparagraph, "benefit" includes a credit card, an insurance policy, a savings plan, and education or business information;(5) if the person seeking the status of a nongroup entity is not a corporation, a copy of the bylaws or minutes or an affidavit signed by an owner, officer, chair, director, partner, or board member showing that the person seeking the status of a nongroup entity does not participate in business activities, has no shareholders, and is independent from the influence of business corporations;(6) the name and location of the group's campaign depository if one is required under 2 AAC 50.298; and(7) the treasurer's certification that the information contained in the registration statement is true, complete, and correct.(b) If, after reviewing the documentation a person seeking the status of a nongroup entity submits under (a) of this section, the commission staff finds that the documentation is complete, the staff shall prepare a recommendation to the commission as provided in 2 AAC 50.826. If the staff finds that the documentation is incomplete or inadequate, the staff may request and review additional information.(c) The commission will consider the staff recommendation and make a determination as provided in 2 AAC 50.826. The commission's determination is a final order for the purpose of an appeal to the superior court under AS 44.62.560.(d) Any contribution that a nongroup entity receives for the purpose of making contributions or expenditures to influence an election must be kept in a separate account and reported to the commission as provided in 2 AAC 50.321.Eff. 2/20/2005, Register 173; am 12/22/2011, Register 200Authority:AS 15.13.010
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