N.J. Admin. Code § 19:25-10.15

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:25-10.15 - Contributions made by check

(a) When a contribution is received by means of a check or other negotiable instrument (hereafter, collectively referred to as "check"), the recipient committee and its campaign or organizational treasurer shall determine the contributor pursuant to the following:

1. If an individual who is solely or jointly a beneficial owner of the funds in the account on which the check is drawn signs the check, the contributor is the individual signing the check and beneficially owning the funds.

2. If the check is signed by more than one individual and each of them jointly is a beneficial owner of the funds in the account on which the check is drawn, each of the individuals signing the check and beneficially owning the funds is a contributor. The amount of the contribution of each individual signatory is the sum of the check divided equally among them, unless written instructions signed by each joint beneficial owner provide for a different percentage allocation of the check amount.

3. If the check is signed by an authorized representative of a corporation, labor organization, group or association and the funds in the account on which the check is drawn are beneficially owned by that corporation, labor organization, group or association, the contributor is the corporation, labor organization, group or association beneficially owning the funds.

4. If the check is signed by a treasurer or organizational treasurer and is drawn on funds in a depository or organizational depository account established by a candidate committee, joint candidates committee, political committee, continuing political committee, political party committee, or legislative leadership committee, the contributor is the respective candidate committee, joint candidates committee, political committee, continuing political committee, political party committee, or legislative leadership committee beneficially owning the funds in the depository or organizational depository account.

5. If the check is signed by an individual who is authorized to sign it as the trustee or guardian of an individual who is the beneficial owner of the funds in the account on which the check is drawn, the contributor is the individual who is the beneficial owner of the funds in the account. A trustee or guardian conveying funds not beneficially owned by that trustee or guardian shall not be a contributor, except as provided at N.J.A.C. 19:25-10.1 4 for a contribution from a minor.

6. If the check is signed by an authorized representative of a sole proprietorship that is an unincorporated business entity, and the check is drawn on the account of the sole proprietorship, the contributor shall be the individual who is the sole proprietor having beneficial ownership of the funds in the account on which the check is drawn. If the signatory of the check is an individual other than the sole proprietor beneficially owning the account, the campaign or organizational treasurer shall obtain the signature of the sole proprietor, which signature shall be made on the check, or made on some supporting written document expressing the intent of the sole proprietor to make the contribution as an individual. A sole proprietorship shall not be a contributor.

7. If the check is signed by an authorized representative of a partnership entity as defined in N.J.A.C. 19:25-11.1 0(b), or of a limited liability company as defined in N.J.A.C. 19:25-11.1 0(c), and the check is drawn on the account of the partnership entity or limited liability company, the contributor shall be an individual (or individuals) who is a partner of that partnership entity, or who is a member of the limited liability company, provided that the procedures set forth in N.J.A.C. 19:25-11.1 0 are met. A partnership entity or a limited liability company shall not be a contributor.

N.J. Admin. Code § 19:25-10.15

New Rule, R.1999 d.227, effective 7/19/1999.
See: 31 New Jersey Register 747(a), 31 New Jersey Register 1942(a).