Application Form Register of Corporate Donors Electoral Act 1997, as amended September 2015 Please Complete, Print, Sign and Return to the Standards Commission Contact Details: Standards in Public Office Commission 18 Lower Leeson Street Dublin 2 Telephone: Email: Website: Twitter: (01) 6395666 sipo@sipo.gov.ie www.sipo.gov.ie @SIPOCIreland 2 Please Complete, Print, Sign and Return to the Standards Commission Application Form Register of Corporate Donors Electoral Act 1997, as amended Prior to completing the application, please read the attached Explanatory Note. Part 1: Name and Address of Corporate Donor: Landline: Mobile: Email: Part 2: Name and address of person responsible for organisation, management or financial affairs of Corporate Donor: Landline: Mobile: Email: 3 Please Complete, Print, Sign and Return to the Standards Commission Part 3: Statement of the purposes for which Corporate Donor was formed. The statement can be attached to the application. Part 4: List of each member, shareholder, or trustee of the Corporate Donor as of 31 December preceding application. The list can be attached to the application. Part 5: In the case of a Corporate Donor which was formed on or before 1 January of the year preceding the application, the applicant must furnish the following: (i) Copy of its statement of accounts for that year and (ii) if applicable, a copy of the annual report for that year. These can be attached to the application. 4 Please Complete, Print, Sign and Return to the Standards Commission Part A of Statutory Declaration (To be completed in full by the Corporate Donor) I (Corporate Donor) ............................................................, do solemnly and sincerely declare that the attached Application for Register of Corporate Donors and accompanying information is, to the best of my knowledge and belief, correct in every material respect and that I took all reasonable action in order to be satisfied as to its accuracy and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938. Signature of Corporate Donor ........................................................... Part B of Statutory Declaration (to be completed in full by the witness) When completing this part the witness needs to state whether the person making the statutory declaration is known to him/her or has been identified to him/her by another person or by one of the documents referred to below Declared before me (name of witness in capital letters here).................................................., a notary public/ commissioner for oaths/ peace commissioner/ practising solicitor (delete as appropriate) by (Insert name of member furnishing the statement) .......................................................................................... who is personally known to me, or who is identified to me by................................................ who is personally known to me, or whose identity has been established to me before the taking of this Declaration by the production to me of Passport no. ................................ issued on [date of issue] .............................. by the authorities of [issuing state] .................................................which is an authority recognised by the Irish Government or National identity card no. ...................................... issued on [date of issue] ..........................by the authorities of [issuing state]...........................................( which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement ) 5 Please Complete, Print, Sign and Return to the Standards Commission or Aliens Passport no. ................................................ issued on [date of issue] .......................... by the authorities of [issuing state]......................................... which is an authority recognised by the Irish Government or refugee travel document no. ......................................issued on [date of issue] ............................... by the Minister for Justice, Equality and Defence or travel document (other than refugee travel document) no. ................................. issued on [date of issue].............................. by the Minister for Justice, Equality and Defence Signature of witness:....................................................................................... Category of witness* ...................................................................................... Place of Signature: .......................................................................................... Date: ...................................... *In order to qualify, the witness must be a Commissioner for Oaths, Notary Public, Peace Commissioner, or practicing Solicitor. 6 Please Complete, Print, Sign and Return to the Standards Commission Explanatory Note for Applicants In accordance with the Electoral (Amendment) (Political Funding) Act 2012, corporate donors are obliged to register with the Standards in Public Office Commission by 31 December each year. The onus is on the corporate donor to register and to ensure that the details provided are correct. The Guidelines for the Register of Corporate Donors are available on the Commission’s website (www.sipo.gov.ie). Corporate Donor For the purposes of the legislation, a corporate donor is defined as: (a) a body corporate, (b) an unincorporated body of persons, or, (c) a trust, which makes a donation, and for the purpose of this definition a body corporate and any subsidiary thereof shall be deemed to be one person. Applicant For the purposes of the legislation, an applicant is defined as: (a) in the case of a company, by a director or other officer of the company, (b) in the case of a body corporate other than a company or an unincorporated body of persons, by any other officer of the body or any person for the time being performing the functions of an officer of the body, (c) in the case of a trust, by a trustee of the trust. In accordance with the legislation, 'company' means a company established under the Companies Acts. Application The applicant must complete a written application stating the name and address of the corporate donor and the name and address of the person responsible for the organisation, management or financial affairs of the Corporate Donor. The application must also contain a statement of the purposes for which the corporate donor was formed, contain a list of each member, shareholder or trustee of the corporate donor as of 31 December preceding the application, contain, in the case of a corporate donor which was formed on or before the first day of January of the year preceding the application a copy of its statement of accounts for that year and, if applicable, a copy of the annual report for that year. Address of Corporate Donor For the purposes of the legislation, the address of the Corporate Donor is defined as: (a) in the case of a company, the address of its registered office, (b) in the case of a body corporate other than a company or an unincorporated body of persons, the address of its principal office or place of business, or 7 Please Complete, Print, Sign and Return to the Standards Commission (c) in the case of a trust, the address of the principle office of place of business or residential address of the trustee. The application must be accompanied by a statutory declaration that to the best of the knowledge and belief of the person concerned, the information provided on the application form is correct in every material respect and that the person has taken all reasonable action in order to satisfy him/herself as to the accuracy of the information. 8 Please Complete, Print, Sign and Return to the Standards Commission Useful Information Value of donation €100 €100 €200 €200 €200 €600 €1,000 €1,500 €1,500 €2,500 Net valuation of donation (from fundraising events, etc.) determines disclosability. Section 22(2)(vi) & Section 46(2)(a)(vi) An anonymous donation exceeding this amount cannot be accepted in any calendar year. Section 23(1) & Section 47(1) On receipt of a donation of this value, a political donations account must be opened by a TD, Senator, MEP, candidate at a Dáil, Seanad or European election, Presidential candidate/election agent, political party, sub-unit of a political party (e.g., branches, accounting units, cumann, a Comhairle Dáil Ceantair or any other sub-unit), or a third party (if one has not already been opened). Section 23B(1) & Section 48B(1) Maximum cash donation that may be accepted by TD, Senator, MEP, candidate at a Dáil, Seanad or European election, Presidential candidate/election agent, political party, sub-unit of a political party or a third party from a donor in any calendar year. Section 23A(1)(iii) & Section 48A(1)(iii) Maximum donation that may be accepted by TD, Senator, MEP, candidate at a Dáil, Seanad or European election, Presidential candidate/election agent, political party, sub-unit of a political party or a third party in any calendar year, from a corporate donor unless the corporate donor is registered in the Register of Corporate Donors maintained by the Commission and a statement, on behalf of the corporate donor confirming that the making of the donation was approved by the corporate donor, is furnished with the donation to the donee. Section 23AA(1)(i) & (ii) and Section 48AA(1)(i) & (ii) Maximum aggregate donation that company, trade union, society or building society can give before reporting it in annual returns made under the Companies Act, 1963, or to the Registrar of Friendly Societies or the report of a building society (under the Building Societies Act, 1989). Section 26 All donations received by a TD, Senator, MEP, candidate at a Dáil, Seanad or European election, or Presidential candidate/election agent exceeding this mount must be disclosed on the Donation Statement. Section 24(4) & Section 48(1) Maximum donation that may be accepted by a TD, Senator, MEP, candidate at a Dáil, Seanad or European election, or Presidential candidate/election agent from an individual or a registered corporate donor in any calendar year. Section 23A(1)(i) & Section 48A(1)(i) All donations received by a political party exceeding this amount must be disclosed on the Donation Statement. Section 24(4) Reporting threshold/maximum aggregate amount in any calendar year that a donor can give to multiple candidates of the same party or to one or more party members and to the party itself before the donor is required to submit a donation statement. Section 24(1A)(a) Maximum donation that may be accepted by political party, sub-unit of a political party, or a third party from an individual or a registered corporate donor in any calendar year. Section 23A(1)(ii) & Section 48A(1)(ii) 9 Please Complete, Print, Sign and Return to the Standards Commission Relevant dates 14 Days 14 Days 14 Days 8 Weeks 31 December Time within which donee must return prohibited donation to Corporate Donor or notify and remit to the Standards Commission. Section 23AA(6) Time within which applicant can correct error on application to be entered on Register starting on date of notification to the applicant. Section 23D(7)(b) Time within which applicant can appeal decision to refuse application for entry on Register starting on date of notification issued to applicant. Section 23D(7)(d) Period up to 31 December during which Corporate Donor can apply for reregistration on an annual basis. Section 23D(11) Period for which entry in the register following application is valid, up to and including 31 December next following entry. Section 23D(10) 10