Home > 6 Political parties > MALTA- Joint Opinion on the Draft Act to Regulate the Formation, the Inner Structures, Fuctioning and Financing of Political Parties and their Participation in Elections
 
 
 
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Paragraph 31
 

E. Rules on the financing of political parties


1. Donations


Under Article 35 (e), companies forming part of a single group of companies or which are directly or indirectly controlled by each other, or by the same person or group of persons, are to be considered a single source of donations. This is in principle a welcome provision, as it aims to ensure that the ceiling imposed on donations by the same provision is not unduly circumvented. Given the complexity of corporate structures, it may however be difficult for the political party to determine whether a donation is given in violation of this provision. This could easily lead to involuntary breaches of law which should perhaps not be held against the party. It is recommended to exclude this possibility through pertinent provisions in the draft Act, for example by requiring companies to make a written statement to the effect that they are making donations only on their own behalf.