Specifically, you ask three questions about the Act and I will render my opinions as to your questions in the order listed in your letter of April 4, 1989. Any person who is a lobbyist as defined by Initiated Act 1 of 1988 is required to be registered as a lobbyist, with certain exceptions not relevant to your request. The Act does not require that a portion of a person's salary be earmarked as compensation for lobbying in order for the person to be considered a lobbyist. A corporate entity clearly can be a lobbyist pursuant to Initiated Act 1 of 1988.
Corporations can only act through their individual employees and agents.
When an employee of a corporation lobbies in the course of and in furtherance of his corporate role, this is tantamount to corporate action and accordingly the corporation, as an entity, would be required to register as a lobbyist. Each factual setting must be examined closely to determine whether or not the corporate entity is engaged in other acts of lobbying, through its employees and agents, besides merely compensating another person for lobbying. If after such examination, it is determined that the only act of lobbying is to compensate another for the lobbying effort, then no registration would be required by the corporation. I interpret this portion of Initiated Act 1 of 1988 to be mandatory, so that all persons, as defined by the Act, would be required to register if they engage in lobbying activities. In your hypothetical, both the individual as well as the corporate entity have engaged in lobbying activities, even though the activity was performed by one specific individual acting in his capacity as a corporate employee.