ADVISORY OPINION 2007-3
An individual operates two businesses, a lobbying company and another company. He registers the lobbying company with the Lobbying Bureau of the Office of the City Clerk (the "Lobbying Bureau") under its company name. The same individual is the sole stockholder in the other company, but that company does not engage in lobbying. The individual provided political consulting services to a congressional candidate in last year's election. However, the political consulting services provided by the individual were not provided by his lobbying company but by the individual's other company.
Since the individual provided the political consulting services through his other company and not his lobbying company, does the lobbying company file a fundraising and political consulting report regarding the political consulting services of the individual through his other entity?
Pursuant to section 3-216.1 of the Administrative Code, any lobbyist required to file a statement of registration pursuant to section 213 of the Administrative Code of the City of New York who, in any calendar year to which the statement of registration relates, or in the six months preceding such calendar year, engages in fundraising or political consulting activities, shall file with the Lobbying Bureau, a fundraising and/or political consulting report. Section 3-216.1, specifically addresses this fact pattern:"Such activities shall be reported whether they are conducted directly by the lobbyist, or through any other entity of which such lobbyist is a principal."
The lobbying company must file a political consulting report with the Lobbying Bureau reporting the political consulting services of the individual through his other entity since such activities were undertaken under the auspices of another entity of which such individual is a principal. In filing the report the identity of such entity should be disclosed under "THIRD PARTY INFORMATION."