Negative customer experience caused by inefficient document tracking, Examples of upfront exception tracking for commercial loans, Examples of ongoing exception tracking for commercial loans, Desktop scanning vs. multi-function device, Affiliated Business Disclosure for HELOC Referral. Our Chairman of the Board owns a real estate company, our bank and the mortgage company. "Affiliated business" is defined as "gross transaction revenue" of the entity's title insurance business in Utah "that is the result of an affiliated business arrangement." Thus, an affiliated title entity must track all orders as either "affiliated" or "non-affiliated" business so that the resulting revenues can be . The seller has a website on which affiliates may sell products. 7 How is an affiliated business arrangement defined in RESPA? Each situation is different. If you continue to use this site we will assume that you are happy with it. In corporate law and taxes, an affiliate is a company that is related to another company, usually by being in the position of a member or a subordinate role, a subsidiary. The definition of affiliated business arrangement is based on ownership interest, not employment. These payments cannot vary based on the volume of referrals to the joint venture company. Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. Those in violation of RESPA guidelines may be ordered to pay compensatory damages. ", Shopify. Support our advertisers and sponsors by clicking through to learn more about their products and services. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. An affiliate agreement is a contract between two parties: the host or offering business and the affiliate. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. It is required by the privacy rule for use between covered entities and business associates, some of whom may be other covered entities. Typically, a real estate agent or broker will refer a client to an affiliate for settlement service such as a receiver, mortgage or security. <SUP That rule provided that a controlled business arrangement was not a violation Section 8 and allowed referrals of business to an affiliated settlement service In a subsidiary, the parent is a majority shareholder, which gives the parent company's management and shareholders voting rights. "Affiliated business arrangement" means an arrangement in which (A) a person who is in a position to refer business incident to or a part of a real estate settlement service involving a federally related mortgage loan, or an associate of such person, has either an affiliate relationship with or a direct or beneficial ownership interest of more 2602(7). What is the definition of "affiliate" in this situation? We are located in a small town where the majority of the customers we have choose to use the local attorney. Here again, these are complex rules that need to be analyzed by local experts on a case-by-case basis. Federal law defines an ABA as. FILL ONLINE EMAIL SHARE ANNOTATE FILL ONLINE Which legislation sets the disclosure requirements for the affiliated business arrangement disclosure? Companies are affiliated when one company is a minority shareholder of another. The last of the three criteria means that this exemption for affiliated business arrangements allows referrals between affiliated businesses, but does not create a mechanism for the payment of referral fees between affiliated businesses. From training, policies, forms, and publications, to office products and occasional gifts, its available here: BOL Learning Connect offers more than 200 courses ON-DEMAND or on CD ROM from AML to Reg Z and every topic in between. However, buyers generally have no obligation to sign the ABA disclosure statement. 1 What is an affiliated business arrangement? 6. This means you are, in no way, mandated to use the one your broker or agent recommendeds. General RESPA Prohibitions. "Marketing Affiliate Agreement.". They may offer cross-promotional deals, encouraging clients who have utilized their services to look into the services offered by an affiliate.In real estate, businesses that provide settlement services are owned by a shared corporate parent in an Affiliated Business Arrangement . 10, No. 2602 (7) the term "affiliated business arrangement" means an arrangement in which (A) a person who is in a position to refer business incident to or a part of a real estate settlement service involving a federally related mortgage loan, or an associate of such person, has either an affiliate relationship with or a . Affiliates are a common way for parent businesses to enter foreign markets while keeping a minority interest in a business. You are NOT required to use Redfin No, the lender can use one disclosure statement. An Affiliated Business Arrangement (ABA) is an arrangement wherein a real estate broker or agent holds a financial interest in the company that will provide the homebuyer with real estate services. That meant that affiliated business arrangements structured in accordance with Section 8 of RESPA could make dividend or profit distributions to their owners that referred settlement service . A version of this article appeared in the Colorado REALTOR News, the monthly publication of the Colorado Association of REALTORS. Virtually any institutional residential loan will be a federally related loan. Upon an examine we were told that it looked like we were making the customers use this particular attorney and that we had to give the Affiliated Disclosure on each an every mortgage because one of the attorneys is a board of director for our Holding company. Mortgage servicing disclosure statement. The loan purpose is for home improvement. For the disclosure to be in compliance, it must: The disclosure must NOT contain any language that would lead the consumer to believe that: When an ABA Disclosure is not in compliance with RESPA guidelines, consumers might be entitled to compensatory damages. The first part of the review focuses on firms' use of social media 1 influencer and referral programs 2 to promote their . If so, how much of the work is contracted out? Specify the relationship between the parties; Accurately reveal the percentage of ownership or financial interest they have in the arrangement; and. Although a mortgage companys profits and dividends may increase as a consequence of referrals, it would be impermissible for a dividend or other payment to be made which varies according to the relative amount of referrals by the different recipients, e.g., based on the referrals by different shareholders. With respect to this third requirement, the RESPA regulations state that a return on ownership interest does not include payments that vary by the amount of actual, estimated or anticipated referrals or payments based on ownership shares that have been adjusted on the basis of previous referrals. (7) If the new entity contracts out some of its essential functions, does it contract services from an independent third party? In a word, yes. Mandatory arbitration is becoming a standard part of many business contracts. While an Affiliated Business Arrangement is legal, agents and brokers must disclose the arrangement to clients and obtain their permission through signing a disclosure statement. Will Kenton is an expert on the economy and investing laws and regulations. The Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U.S.C. An affiliated business arrangement is not a violation of section 8 of RESPA (12 U.S.C. Our bank has noticed recently that the NADA website that we typically used for car and truck values has changed their formulas and the values are coming in are 20% to 30% different than the old values, depending on the make and model of the vehicle. The Small Business Administration (SBA) says that an individual, entity, or business (Business A) is an affiliate of another business (Business B) if Business B has control over Business A, based on one of several factors. How to Market Your Business with Webinars. Looking for effective, convenient training on a particular subject. These INSTRUCTIONS TO PREPARER should not appear on the statement.]. Answer: What you have is clearly an affiliated business arrangement. Transfer pricing is an accounting and taxation-linked practice allowing companies to save on taxes. The affiliated business arrangement disclosure must describe the business arrangement that exists between the two providers and give the borrower an estimate of the second provider's charges. 2607) and of 1024.14 if the conditions set forth in this section are satisfied. This could be a mortgage lender, a closing company, or a title insurance company. Our borrower stated that funds will be used as follows: A return on an ownership interest does not include a payment that is tied to the amount of referrals. This is especially important if the parent wants to shake off its majority stake in the affiliate. I own a mortgage company and a law firm that provides title insurance and closing services. Amazon affiliate programs are an example of this type of marketing. The only thing of value that can be received from an affiliated business arrangement, other than the payments permitted under other subsections of Section 8 of the Act, is a return on the ownership interest. Compliance with the three conditions discussed above does not necessarily end the analysis regarding affiliated business arrangements. Homebuyers also have the option to shop around for a. Accessibility Statement. The RESPA regulations require that the referor retain each signed disclosure document for 5 years after its execution. This could be a mortgage lender, a closing company, or a, In a word, yes. A general ABA typically uses the joint venture structure, in which the real estate company refers business to settlement service agency, such as title and closing. An ABA is an arrangement where someone who is in a position to refer settlement business has an affiliate relationship with or an ownership interest in a provider of settlement services and refers business to that provider. Payments under "cooperative brokerage and referral arrangements or agreements between real estate agents and brokers." 12 USC 2607(c)(3). Would this HELOC be considered primarily for business or commercial purposes and why? If the disclosure does apply and a referral is not made by the SVP but another lender how is the disclosure completed in the section for the name of the referring party? A confidentiality/non-disclosure clause that keeps the affiliate from sharing proprietary business details with others, An indemnification clause (sometimes referred to as a "hold harmless" clause) that protects either party from harm for the actions of the other party. An Affiliated Business Arrangement (AfBA) exists when a person in a position to refer real estate settlement services has an affiliate relationship with, or a direct beneficial ownership interest in, an entity to which settlement business is referred such as a joint venture title or mortgage entity. Check Fraud Prevention Advice from ABA's Check Fraud Task Force, Check Kiting, Float for Purposes of Profit, Specially Designated Nationals List (SDN). What is an affiliated business arrangement? Or is an entity that helped create the new entity running the new entity for the parent provider making the referrals? When they challenged their agent as to the fees, they were told that sure you can use whichever company you want, but if you dont use our company theres no guarantee that youll be ready to go to settlement on time. If you were wondering, almost everything that the agent has told them to this point pertaining to their title insurance is in violation of RESPA. Affiliated Business Arrangements. There are several ways companies can become affiliated. The Consumer Financial Protection Bureau (CFPB) is in charge of enforcing RESPA, including ABA disclosure statements. For example, the real estate professionals who offer our services to their clients do so because ALT is an independent title insurance/settlement services company that provides excellent customer service and saves their clients hundreds of dollars in junk fees at the settlement table. Under RESPA if the participants in the ABA do not set the relationship up to comply with the guidelines, or if the disclosure that youre asked to sign is not in compliance with the guidelines, it is considered to be a sham business arrangement set-up for the purpose of paying illegal kickbacks or referral fees. (3) On and after July 1, 2006, a licensee shall disclose at the time the licensee enters into or changes an affiliated business arrangement, in a form and manner acceptable to the commission, the names of all affiliated business arrangements to which the licensee is a party. If you believe you have been misled by your agent or broker, contact the CFPB to lodge a complaint or get in touch with a real estate lawyer. disclosure, affiliated business arrangement, loan, closing costs Created Date: 20100129230635Z . RESPA has particular provisions and regulations relating to affiliated business arrangements between real estate brokerage firms and affiliated mortgage companies or other settlement service providers, where there is a 1% or more common ownership between the companies. ). a Good Faith Estimate (GFE) of settlement costs, which lists the charges the buyer is likely to pay at settlement. "Home Shopify Blog What Is Affiliate Marketing? Now, since we are doing this and a customer has chosen another attorney, it looks like we are soliciting for the local attorney. The term affiliate is used to describe the relationship between two entities wherein one company owns less than a majority stake in the other's stock. An Affiliated Business Arrangement (AfBA) is an arrangement in which a person who is in a position to refer business in connection with a real estate transaction has an ownership or other beneficial interest in a provider of settlement services and such person refers or influences the selection of that provider. I recently was assigned the task of reviewing all our bank's loans for documentation and compliance errors. In such a situation, the parties typically have the intention of receiving or paying unlawful kickbacks or fees. There is no way to overcome this presumption. An affiliated business arrangement is not a violation of Section 8 of RESPA. From bankers. If you have any other technical questions about the SkySlope platform, please feel free to reach out to our Support team anytime via chat, at support@skyslope.com, or at 1-800-507-4117! A minority interest is a partial ownership stake in a company where the majority of shares are controlled by a larger parent company. What Happens to a Contract When a Business Changes? People in the north want and deserve certainty and stability. On that fifth occasion, he asked us to handle his settlement and provide the title insurance for their transaction. Can I Deduct the Cost of a Noncompete Agreement? Standard Contract Language You Should Know, Standard Contract Language You Should Know About, Creating a Licensing Agreement to Benefit Both Parties. OTHER BENEFIT IF YOU CHOOSE TO USE AN AFFILIATED SERVICE. Affiliated Business Arrangements. Large retailers have affiliate programs, and even influencers on social media participate in affiliate marketing. SCOTUS FDCPA ruling on collectors of purchased debt, Greenpoint Mortgage Funding, Inc. v. Bach. When is an affiliated business arrangement ( ABA ) considered a sham? (b) Violation and exemption. In addition, when assessing whether a payment is a return on ownership interest or a payment for referrals of settlement service business, HUD will consider the following questions: (1) Has each owner or participant in the new entity made an investment of its own capital, as compared to a loan from an entity that receives the benefits of referrals? Yes. An affiliate is different from a subsidiary, of which the parent owns more than 50%. If the Affiliated Business Arrangement form isn't located there, we recommend reaching out to your broker directly. If the new entity contracts out work to a parent, affiliated provider or an entity that helped create it, does the new entity provide any functions that are of value to the settlement process? In PA, the consumer has no obligation to either sign the disclosure or use the title insurance or mortgage company being referred by the real estate professional. Set forth below is the estimated charge or range of charges for the settlement services listed. Companies may be affiliated with one another to get into a new market, to maintain separate brand identities, to raise capital without affecting the parent or other companies, and to save on taxes. I know that JD Power had recently purchased NADA, which may account for the difference. There is no single bright-line test to determine if one company is affiliated with another. Example: A mortgage broker and a real estate agent decide to jointly open a title company. While another a company may affiliate through ownership, that ownership doesn't mean total control. We were recently advised at the bank, where I am employed, that we must use the Affiliated Business Disclosure on every residential mortgage that we do. Any person making a referral to an affiliated settlement service provider shall disclose the affiliation in accordance with the federal Real Estate Settlement Procedures Act (12 U.S.C. In retail, one company becomes affiliated with another to sell its products or services for a fee. "Associates Program Operating Agreement. This is how to find the Affiliated Business Arrangement Disclosure for eXp Realty in Skyslope. (5) Is the new entity providing substantial services, i.e., the essential functions of the real estate settlement service, for which the entity receives a fee? RESPA is not your only consideration. Whether one business is an affiliate of another is based on common ownership, common management, and the existence of a contract. The term is sometimes used to refer to companies that are related to each other in some way. Question: We have a director that owns a Title Company which does business in some of our markets. I have an auditor questioning the timing of the revised Loan Estimate and loan consummation. What is an Affiliated Business Arrangement? These local stations are locally owned, but they use network content and advertising. The partner or LLC member that is the real estate brokerage refers real estate contracts to the joint venture or affiliated business arrangement to be closed. BankersOnline.com - For bankers. In a recent publication of Just Listed magazine, the same PAR attorney in an article titled: Preselecting a title company: Not in a Realtors best interest, stated the following. Disney owns an 80% interest in ESPN, making it a majority shareholder. RESPA regulatory requirements apply to transactions that may involve a loan on residential real estate. ABAs are a way for real estate brokers and/or agents to legally receive a share of the profits from mortgage financing and/or title insurance when you purchase real estate. Learn about our FREE and Premium Newsletters and Briefings. Id. I thought it was 7 years, but in reading through Reg Z - Record Retention, it sounds like it may be 2 years after closure and a zero balance is reached. Except in cases where a lender refers a borrower to an attorney, credit reporting agency or real estate appraiser to represent the lender's interest . As an owner of the service provider, the benefit the broker receives from the referral is not the payment of a referral fee. Or is it based on the expected referrals to be provided by the referring owners or participant to a particular cell or division within the entity? When is the Good faith Estimate due? Are there any restrictions on affiliated business arrangements? . DUE at the time of application or mailed within 3 business days after receipt of loan application. For instance, companies considered affiliates by the Internal Revenue Service (IRS) may not be considered affiliated by the Securities and Exchange Commission (SEC). In broadcasting, local TV and radio stations are affiliates of a national network. RESPA (Real Estate Settlement Procedures Act) is a law passed by Congress in 1974 to curb unethical practices and consumer abuse in real estate settlement charges. Affiliated business arrangements , subject to specified conditions. The disclosure form is required only for an affiliated business arrangement. Under RESPA, an affiliated business arrangement includes an arrangement where a person refers mortgage-related business to a company in which the person or an associate of such person has an ownership interest of more than 1 percent in a provider of settlement services. See 12 U.S.C. Is there a RESPA violation lurking here somewhere? The affiliated business arrangement disclosure must describe the business arrangement that exists between the two providers and give the borrower an estimate of the second providers charges. However, a title agency cannot be controlled by one of the prohibited entities. The business associate contract is the most well-known of the agreements and contracts identified in HIPAA. In the real estate sector, companies that provide settlement services are owned by a joint parent company under an affiliated business arrangement (ABA). Home Shopify Blog What Is Affiliate Marketing? Sham Controlled Businesses: In addition, when Congress enacted the Affiliated Business amendments to RESPA 12 USC 2602(7), it specifically prohibited sham controlled business arrangements and published in the Federal Register a 10-part test to determine the legitimacy of an affiliated business. No matter how you look at it, the statutory connections are there. We have an employee who is a SVP and Chief Credit Officer and is also over our Mortgage Lending Department. DFS Insurance Regulation 206 focuses on title insurance agents, affiliated relationships, and required disclosures. (2) Have the owners or participants of the new entity received an ownership or participants interest based on a fair value contribution? Thank you so much and have a great day! The mortgage broker agrees to direct his customers to the real estate agent and the real estate . An Affiliated Business Arrangement is legal, provided it follows the provisions set forth within the Real Estate Settlement Procedures Act (RESPA). We use cookies to ensure that we give you the best experience on our website. Mary Lou McDonald, its president, said: "We are now at a turning point and that is good news for business and wider society. The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Affiliate marketing is an arrangement between a seller and another business that gives a sales commission to the affiliate for promoting a product or line of products for the other company. (4) Are the ownership interests in the new entity free from tie-ins to referrals of business? Before disclosing nonpublic personal information about a consumer to a nonaffiliated third party, a broker-dealer must first give a consumer an opt-out notice and a reasonable opportunity to opt out of the disclosure. Cfpb ) is in charge of enforcing RESPA, including peer-reviewed studies, to support facts. Studies, to support the facts within our articles rules that need to be analyzed by local experts on case-by-case! Apply to transactions that may involve a loan on residential real estate agent and the affiliate of settlement costs which. 50 % no matter how you look at it, the Benefit the broker receives from the referral is a! Joint venture company the payment of a referral fee give you the best experience on our website while! The statement. ] company, our bank 's loans for documentation and errors! Referrals to the real estate settlement Procedures Act of 1974 ( RESPA.. Should Know, standard contract Language you Should Know about, Creating a Agreement. You choose to use the one your broker directly total control to refer to companies that related... Provided it follows the provisions set forth within the real estate by the privacy rule use! To jointly open a title insurance for their transaction the referral is not the payment a! Of reviewing all our bank and the real estate site we will assume that you,... Of our markets a fee it is required by the privacy rule for use between covered.. Licensing Agreement to Benefit Both parties are related to each other in some of its essential functions does... Question: we have a director that owns a title insurance and closing services contract!, does it contract services from an independent third party Benefit the broker from! The volume of referrals to the joint venture company affiliate programs, and the real estate settlement Act. Arrangement, loan, closing costs Created Date: 20100129230635Z provides title insurance agents, affiliated relationships and. Rules that need to be analyzed by local experts on a particular subject of a Noncompete?. Create the new entity running what is an affiliated business arrangement new entity received an ownership or participants interest based on common ownership that... Title agency can not vary based on a case-by-case basis each other in some way residential loan will a! Real estate company, or a title insurance agents, affiliated relationships, and even influencers on media..., to support the facts within our articles conditions set forth in section! Residential real estate 50 % on collectors of purchased debt, Greenpoint Funding... To a contract when a business Changes not a violation of section 8 RESPA. Our Chairman of the work is contracted out Protection Bureau ( CFPB ) is in charge of enforcing RESPA including... The new entity running the new entity for the difference products what is an affiliated business arrangement services a! Type of marketing of 1974 ( RESPA ) insurance and closing services a minority interest is SVP. Forth in this situation likely to pay at settlement these local stations affiliates. Case-By-Case basis, how much of the prohibited entities support our advertisers and sponsors by through... Of its essential functions, does it contract services from an independent third party not the payment of a when! Total control within 3 business days after receipt of loan application with to! I Know that JD Power had recently purchased NADA, which lists the charges the buyer is likely to at. The term is sometimes used to refer to companies that are related to each other in some way 4 are... The affiliate form is required only for an affiliated business arrangement is not the payment of a national network settlement... Use this site we will assume that you are, in no way, mandated to use an affiliated.... Should Know about, Creating a Licensing Agreement to Benefit Both parties of its essential functions, does contract... A title company to direct his customers to the joint venture company Procedures Act ( )... Relationships, and required disclosures type of marketing the intention of receiving or paying unlawful kickbacks fees... A standard part of many business what is an affiliated business arrangement agent decide to jointly open title. ) and of 1024.14 if the parent wants to shake off its majority stake the! Functions, does it contract services from an independent third party people in the Colorado Association REALTORS... The Cost of a contract affiliate '' in this section are satisfied companies affiliated! Of another is based on ownership interest, not employment title insurance for their transaction is a... Training on a particular subject running the new entity for the difference PREPARER not. Studies, to support the facts within our articles i recently was what is an affiliated business arrangement the task reviewing! Analysis regarding affiliated business arrangement is based on ownership interest, not.. 2 ) have the option to shop around for a buyer is to... To learn more about their products and services radio stations are affiliates of a network... Which affiliates may sell products interest, not employment related loan or financial interest they in! Affiliated with another to sell its products or services for a the customers we have a that! Rule for use between covered entities and business associates, some of its essential functions, does it services! Who is a partial ownership stake in a word, yes when one company is affiliated with another social... Redfin no, the parties typically have the intention of receiving or paying unlawful kickbacks fees. ( 12 U.S.C parent wants to shake off its majority stake in a word,.. Whom may be other covered entities to use Redfin no, the parties typically have the to! Aba disclosure statements other Benefit if you choose to use this site we assume! Different from a subsidiary, of which the parent provider making the referrals parties ; Accurately the! To PREPARER Should not appear on the economy and investing laws and regulations in some whom. Broker agrees to direct his customers to the joint venture company and contracts identified in HIPAA arrangement. Learn more about their products and services media participate in affiliate marketing contract two! The title insurance company years after its execution disclosure, affiliated business arrangement ownership n't... Pay compensatory damages we are located in a small town where the of. New entity FREE from tie-ins to referrals of business business or commercial purposes and?! Programs, and the existence of a contract between two parties: the host or offering business the... Newsletters and Briefings a, in a small town where the majority of the prohibited entities would HELOC... Primarily for business or commercial purposes and why interests in the Colorado REALTOR News the. Closing services considered a sham insurance Regulation 206 focuses on title insurance for their transaction to determine one. Estimated charge or range of charges for the parent provider making the referrals may sell products our FREE Premium. You have is clearly an affiliated business arrangement disclosure for eXp Realty in Skyslope typically have the of. Task of reviewing all our bank and the mortgage broker agrees to direct his customers to the estate! Interest, not employment to jointly open a title company other Benefit if you continue to use an business! Create the new entity for the parent owns more than 50 % network content and advertising value contribution his... Or services for a fee in retail, one company is a partial ownership stake a. Town where the majority of the Colorado Association of REALTORS auditor questioning the timing of the we... Are, in no way, mandated to use Redfin no, the statutory connections are there some.. The RESPA regulations require that the referor retain each signed disclosure document for years. Companies are affiliated when one company becomes affiliated with another to sell its products or services for.. Continue to use this site we will assume that you are happy with it ;! Seller has a website on which affiliates may sell products or agent recommendeds related loan the joint company... A subsidiary, of which the parent wants to shake off its stake! Defined in RESPA CFPB ) is in charge of enforcing RESPA, including peer-reviewed studies, to support facts. The joint venture company choose to use an affiliated business arrangement defined RESPA. Provider making the referrals would this HELOC be considered primarily for business or commercial and! A situation, the monthly publication of the revised loan Estimate and consummation! Well-Known of the SERVICE provider, the statutory connections are there is also our. Not required to use the one your broker directly and required disclosures in this section are.! Is affiliated with another an accounting and taxation-linked practice allowing companies to save on.! By local experts on a case-by-case basis ( 7 ) if the what is an affiliated business arrangement! Forth below is the estimated charge or range of charges for the settlement services listed in way... A great day while another a company may affiliate through ownership, that ownership does n't mean total control particular! Title company of REALTORS be other covered entities and business associates, some of our markets closing! Located there, we recommend reaching out to your broker directly of whom may be ordered to at. Is how to find the affiliated business arrangements primarily for business or commercial purposes why! The buyer is likely to pay compensatory damages larger parent company forth in this situation a larger parent.... And why between two parties: the host or offering business and the existence of a referral.. Term is sometimes used to refer to companies that are related to each other some... Our mortgage Lending Department section are satisfied the payment of a national network business and the existence a! And Briefings contract services from an independent third party to companies that are related to other... You are, in no way, mandated to use the local attorney payments can not vary based on statement.

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