Schedule 2B: Payments Made to Certain Business Entities From Persons or Entities Doing Business With City
NOTE: Schedule 2B only applies to elected officials.
Under § 7-28 of the Ethics Law, elected officials must indicate certain payments made to business entities in which they or their spouse have a substantial interest, i.e., an equity interest of 30% or more.*
Answer the questions below to determine if Schedule 2B applies to you:
- You (elected offical); or
- Your spouse.
If you answered "yes" to this question, did any of the following make a payment to at least one of those businesses during the reporting period?
- a lobbyist;
- a person regulated by the City; or
- a person doing business with the City.
If you answered "no" to either of these questions, you do not need to fill out Schedule 2B. If you answered "yes" to both of these questions, you must complete Schedule 2B and disclose each person or entity who, during the reporting period, made one of the following payments to a business in which you or your spouse holds a substantial interest:
- an aggregate payment of $1,000 or more to one qualifying business;
- aggregate payments totaling $1,000 or more across multiple qualifying businesses (e.g., $500 to two qualifying businesses);
- an aggregate payment to one qualifying business that constituted 5% or more of that business's gross income, if that business had a gross income less than $20,000; OR
- aggregate payments across multiple qualifying businesses that constituted 5% or more of the cumulative gross income of those businesses, if the cumulative gross income of those businesses was less than $20,000.
You will need to submit a separate "Add Recipient Business Entity and Person Making Payment" entry for each person who made a qualifying payment.
In each "Add Recipient Business Entity and Person Making Payment" entry, you will disclose the following information:
1. Recipient Business Name. Give the name and address of the business entity that received the qualifying payment(s).
2. The Person or Entity That Made the Qualifying Payment. State the name and address of the person or business that made a qualifying payment. You need not fill out the box entitled "Decribe Nature of Ownership".
3. Aggregate Payment Amount. Disclose the amount of money paid by this person to the recipient business.
* Nothing in this section requires the disclosure of any information that is otherwise confidential by law.
- An interest held by your spouse, parent, child, or sibling, if you directly or indirectly controlled that interest;
- An interest held by any business entity in which, at any time during the reporting period:
- you held an equity interest of 30% or more; or
- a family member held an equity interest of 30% or more, if you directly or indirectly controlled that family member’s interest; and
- An interest held by any trust or estate in which, at any time during the reporting period, you:
- held a reversionary interest;
- were a beneficiary; or
- if a revocable trust, were a settlor.
Any person or entity engaged in business or other organized activity, whether for-profit or not-for-profit and regardless of form
- “Business entity” includes, for example, any:
- general or limited partnership
- limited liability company
- sole proprietorship.
- joint venture
- unincorporated association or firm
- real estate investment trust
- institution, trust, foundation, or other organization
- having or seeking one or a combination of contracts or other transactions with the City or with another person in connection with a contract between that other person and the City, that involves the commitment of $5,000 or more;
- being regulated by or subject to the authority of the City, any City agency, or any City official; or
- undertaking activities that require registration as a lobbyist.
Any department, board, commission, council, authority, committee, office, or other unit of City government.
- sibling; or
- child, including an adopted child, stepchild, ward, or foster child, regardless of age.
- more that 3% of a business entity; or
- securities of any kind that represent or are convertible into ownership of more than 3% of a business entity; or
- an interest as a result of which the owner:
- received more than $1,000 in any of the preceding 3 calendar years; or
- is entitled to receive more than $1,000 in the current or any later calendar year.
The transfer of any thing or any service of economic value, regardless of the form, without adequate, identifiable, and lawful consideration.
- “Gift” does not include political contributions that are regulated under state law.
Any legal or equitable economic interest, whether or not subject to an encumbrance or a condition, that was owned or held, in whole or in part, jointly or severally, directly or indirectly, at any time during the reporting period.
- “Interest” does not include:
- an interest held in the capacity of a personal representative, agent, custodian, fiduciary, or trustee, unless the holder has an equitable interest in the subject matter;
- an interest in a time or demand deposit in a financial institution (e.g., checking account, savings account, or certificate of deposit);
- an interest in an insurance policy, endowment policy, or annuity contract under which an insurer promises to pay a fixed amount of money, either in a lump sum or periodically for life or some other specified period;
- an interest in a common trust fund or a trust that forms part of a pension or profit-sharing plan that:
- has more than 25 participants; and
- has been determined by the Internal Revenue Service to be a qualified trust under § 401 or § 501 of the Internal Revenue Code; or
- a mutual fund or exchange-traded fund that is publicly traded on a national scale, unless the mutual fund or exchange-traded fund is composed primarily of holdings of stocks and interests in a specific sector or area that is regulated by the public servant's agency.
Any individual or business entity
A dwelling that:
- is used as a person’s principal or primary home; and
- is actually occupied by that person for more than 6 months of a 12-month period.
- January 1 through December 31 of the immediately preceding calendar year; or
- any additional period for which a disclosure statement is required.
- any gift with a value of more than $20; and
- any gift in a series of gifts with a cumulative value of $100 or more given by or on behalf of the same person during the reporting period.
- “Significant gift” does not include any of the following, regardless of value:
- a gift from a family member;
- a campaign contribution that is otherwise reported as required by law; or
- tickets or free admission given to an elected official to attend a specific charitable, cultural, or political event, if given by the person sponsoring or conducting the event as a courtesy or ceremony to the office.
Holding an equity interest of 30% or more in a business entity.