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Cap. 544 · cap/544 (Cap. 544)

Cap. 544 Art. 37Registration of donations by source. an official or member of a political party or candidate.

PART IV

Van krachtOfficiële tekst

(1) Any donations exceeding the amount of five hundred euro (€500) from the same source shall be recorded together with the amount of the donations, the donor’s name and address, or company registration details, in the case when the donor is a registered company, the date on which the donation was received and the date on which the donation was accepted and any other relevant details: Provided that when a donation is collected during a manifestation or during an event organized by the political party or by the independent candidate and in the case that the donation does not exceed the amount of fifty euro (€50) the donation shall not be recorded.

(2) Any donation which by itself does not exceed the amount of five hundred euro (€500) but which, when added to any other donations or benefits accruing to the political party from the same source within the same calendar year, exceeds the said amount shall be recorded at that point in which the said amount is reached.

(3) Whosoever maliciously, with intent to conceal the origin and amounts of donations, divides a donation into smaller amounts, or in order to circumvent the recording and reporting requirements provided for in this Act shall be guilty of an offence and shall be liable to an administrative fine not exceeding ten thousand euro (€10,000).

(4) The Commission shall, where it considers it necessary for the proper enforcement of the provisions of this Act and subject to its obligation to act in a proportionate manner, have the power to investigate and demand to be provided with all information as it may require from any political party, individual, legal person, body, including any financial institution and, or any telecommunication service provider, who may be in possession of such information to determine the source of any donation received by political party: Provided that political parties shall not be under an obligation to reveal to the Commission the source of any donation of not more than five hundred euro (€500) made to them confidentially unless the Commission provides proof that there are reasonable grounds to believe that the amount actually donated confidentially in a period of one year from the same source exceeds the sum of five hundred euro (€500).

political party by way of donation, in respect of each of the following periods -

(a) January to April;

(b) May to August; and

(c) September to December; which shall be compiled in one report submitted annually to the Commission.

(2) The donation reports drawn up by the party treasurer for any year shall, in the case of each donor from whom any donation is accepted by the political party or anyone on its behalf during that year, comply with the relevant provisions of this Part so far as they require any such donation to be recorded in a donation report.

(3) A donation shall be reported with reference to its source:

(a) if it is a donation of more than seven thousand euro (€7,000); or

(b) if, when it is added to any other benefit or benefits, the aggregate amount exceeds seven thousand euro (€7,000), from the same source, in one calendar year.

(4) A donation to which sub-article (3) applies shall:

(a) in the case of a donation provided for in paragraph (a) thereof, be reported in the donation report for the reporting period in which it is accepted; or

(b) in the case of a donation provided for in paragraph (b) thereof, be reported in the donation report, together with any other relevant donation or donations included in the aggregate amount of seven thousand euro (€7,000) from the same source, in the donation report for the reporting period in which the benefit which causes that aggregate amount to be more than seven thousand euro (€7,000) accrues.

(5) A donation report shall also include every donation which has been refused in accordance with this Act, during the reporting period, and the report shall contain a statement to that effect, together with the manner on which the donation was made, the date on which the donation was received and the date in which the donation was returned and any relevant details.

(6) An independent candidate shall, prepare a donation report showing the amount received by way of donations in respect of the period commencing from the time of the nomination of the independent candidate for election until the election, which report shall be submitted to the Commission.