Md. Code, General Provisions § 5-838
This is the official text of Md. Code, General Provisions § 5-838, part of Maryland’s Code, General Provisions — contains definitions and provisions of general application across Maryland law.
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§5–838.
Official statutory text
(a) In the enforcement of this part, the clerk of the County Council shall be subject to the direction and control of the Ethics Commission or its Executive Director and, unless otherwise specifically directed by the Ethics Commission or its Executive Director, may only:
(1) receive filings;
(2) maintain records;
(3) report violations; and
(4) perform other ministerial duties necessary to administer this part.
(b) Notwithstanding any other provision of this part, as to a corporation listed on a national stock exchange or regulated by the Securities and Exchange Commission, and any subsidiary of the corporation, the following requirements apply if the filing of an affidavit is otherwise required under this part:
(1) a director or an officer in the corporation or any of its subsidiaries, or a stockholder who has at least a 5% interest in the corporation or any of its subsidiaries, is required to file an affidavit only if the individual has made a payment to the treasurer of a candidate or continuing political committee, or if the individual has solicited anyone to make a payment to the treasurer of a candidate or continuing political committee; and
(2) the corporation or its subsidiary shall file a corporate affidavit stating:
(i) 1. that the corporation has not made or solicited a payment to the treasurer of a candidate or continuing political committee; or
2. if such a payment was made, the name of the member to whose treasurer or continuing political committee the payment was made; and
(ii) that all directors, officers, and stockholders with at least a 5% interest have been notified of the disclosure requirements of item (1) of this subsection.
(c) (1) The affidavits and disclosures required under this part shall be filed in the appropriate case file of an application.
(2) The clerk of the County Council, at least twice each year, shall prepare a summary report compiling all affidavits and disclosures that have been filed in the application case files.
(3) All summary reports compiled under paragraph (2) of this subsection shall be available to members of the public on written request.
(4) All affidavits, disclosures, and accompanying documentation required under this part shall be in the form required by the Ethics Commission.
(1) receive filings;
(2) maintain records;
(3) report violations; and
(4) perform other ministerial duties necessary to administer this part.
(b) Notwithstanding any other provision of this part, as to a corporation listed on a national stock exchange or regulated by the Securities and Exchange Commission, and any subsidiary of the corporation, the following requirements apply if the filing of an affidavit is otherwise required under this part:
(1) a director or an officer in the corporation or any of its subsidiaries, or a stockholder who has at least a 5% interest in the corporation or any of its subsidiaries, is required to file an affidavit only if the individual has made a payment to the treasurer of a candidate or continuing political committee, or if the individual has solicited anyone to make a payment to the treasurer of a candidate or continuing political committee; and
(2) the corporation or its subsidiary shall file a corporate affidavit stating:
(i) 1. that the corporation has not made or solicited a payment to the treasurer of a candidate or continuing political committee; or
2. if such a payment was made, the name of the member to whose treasurer or continuing political committee the payment was made; and
(ii) that all directors, officers, and stockholders with at least a 5% interest have been notified of the disclosure requirements of item (1) of this subsection.
(c) (1) The affidavits and disclosures required under this part shall be filed in the appropriate case file of an application.
(2) The clerk of the County Council, at least twice each year, shall prepare a summary report compiling all affidavits and disclosures that have been filed in the application case files.
(3) All summary reports compiled under paragraph (2) of this subsection shall be available to members of the public on written request.
(4) All affidavits, disclosures, and accompanying documentation required under this part shall be in the form required by the Ethics Commission.
Status: in_force · Read it on the official government site
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