April 2018 ENCUMBRANCE OR DISPOSAL OF BENEFITS. Thousands of new family trusts are set up in Australia each year for a variety of reasons including asset protection, tax optimisation or to . September 2020 June 2015 may vary from client-to-client. September 2016 The potential benefits of a family trust. Property or capital in Trust as aforesaid then, notwithstanding that the rights and hopes of the beneficiary shall have ceased and determined and notwithstanding anything to the contrary herein contained, such rights and hopes shall, on the beneficiary's death, devolve upon the parties entitled thereto by substitution determined as at the date of the beneficiary's actual death. August 2022 Sometimes a Trustee will ask me if the above rule applies to a Trust which does not receive or earn income. Statement Templates 12+ Financial Statement Templates. Use this template to prepare comprehensive trust financial statements in Excel based on IFRS for SME's. Our unique trust financial statement format consists of automated reports including an income statement, balance sheet, cash flow statement, statement of changes in equity and the notes to the financial . Z & W FAMILY TRUST (ZING DEVELOPMENT PTY LTD (A.C.N. Generally, these statements are issued at the end of a company's fiscal year instead of a calendar year. Your customer number. Subtract the annual trust distribution from the total investment gain for the year. The form and content of the financial statements will depend on whether the trust qualifies as a "simplified reporting trust". 24.4 Notwithstanding anything in this Trust, if the Trustees in their sole and absolute discretion deem it in the interests of a beneficiary or beneficiaries, then instead of distributing the capital profit and/or any income, accumulated income or Trust property on termination of the Trust to the beneficiary or beneficiaries, such beneficiary's share shall be put in a Trust (whether a pre-existing Trust, or a. The Trustees present shall each have one vote. Areas We Cover . ; 9.1.27 to give receipt, releases or other effectual discharges for any sum of money or thing recovered or received; 9.1.28 to engage the services of professional practitioners, agents, independent contractors and tradesmen for the performance of work and rendering of services necessary or incidental to the affairs or property of the Trust; 9.1.29 to enter into any partnership, joint venture, conduct of business or other association with any other person, firm, company or trust for the doing or performance of any transaction or series of transactions within the powers of the Trustees in terms hereof, and/or to acquire and/or hold any assets in co-ownership or partnership with any person; 9.1.30 to determine whether any sums disbursed are on account of capita! January 2013 Usually, it has two sections: a balance sheet section and an income flow section. Sure, or principal beneficiaries. 26.1.2.2 precluded or restricted in any way under such laws from borrowing money or receiving credit in the Republic. 11.5 If there is no quorum, the Trustees may adjourn the meeting for 24 hours or such longer period as they shall determine, and at the continuation of the said adjourned meeting those Trustees who are present shall form a quorum provided that the absent Trustees have received reasonable notice of the adjournment and continuation of the meeting. They are normally found as a line item on the top of the balance sheet asset. If interest is charged, the lender cannot impose more than the State's Usury Rate. This example of a financial report is professionally designed and editable in Excel. 11.8 The Trustees shall meet at least once a year and shall decide upon the use and/or allocations of capital gains, capital profits, capital losses, operating losses, assessed losses, nett losses and profits earned or losses incurred or accrued by the Trust, and in accordance with clause 20.1, within their sole, absolute and unfettered discretion to determine, whether they are to distribute and pay any benefits to any beneficiary or to hold any capital gains, capital profits, capital losses, operating losses, assessed losses, nett losses, profits for the Trust. The Trustees shall have the right (but shall not be obliged) from time to time to appoint a practicing Chartered Accountant (SA) to act as the auditor of the Trust, who shall report on the financial statements in the customary manner. A family loan agreement is made between a borrower that agrees to accept and repay money to a lender related by blood or marriage. March 2015 Statement of Financial Position. The Trustees shall cause to be kept complete and accurate records of all receipts, expenditure, assets and liabilities of the Trust. 4. the trust regularly distributes to a different trust. July 2017 Investors or financial institutions usually require this form or spreadsheet. Free Financial Statement Template Created by Chartered Accountants for South African Business Owners and Individuals. July 2016 6.7 The Trustees in office from time to time shall at all times have the right to nominate and appoint such additional Trustee or Trustees as they may decide, provided that their decision to do so shall be unanimous. The Trustees for the time being of the Trust, whether originally or subsequently appointed, shall not be required to furnish security to the Master of the High Court of South Africa or any other official under The Trust Property Control Act 57 of 1988 or any other legislation which may now be or which may hereafter become of force and effect, for the performance of their duties as Trustees, unless the majority of Trustees determine otherwise. It is often set up by families to own assets. November 2013 Click the link to visit the page to find the detail description about each template and understand how each template has been prepared. To prepare an accurate trust accounting, an inventory of trust property, and copies of all account statements, invoices, and receipts must be kept. July 2022 23.2 Any benefit, right, award, spes, claim or entitlement a beneficiary may have in terms of this trust shall not be capable of being pledged or in any way encumbered, ceded, assigned, dealt with, disposed of or alienated whether voluntarily or as a result of attachment in execution, insolvency or death as the case may be, and no such pledge, encumbrance, cession assignment, dealing, disposal or alienation (whether purported or accomplished) shall have any legal effect or be recognised by the Trustees. 21.1 Any benefits payable or distributed to a beneficiary, whether before or after such benefit or distribution vests in a beneficiary, may be wholly or partly paid to such beneficiary personally, applied for the benefit of such beneficiary or invested on behalf of such beneficiary in any one or more investments, or held under the control of the Trustees as the Trustees consider appropriate. April 2016 6.1 There shall at all times be not less than two Trustees of the Trust, the first Trustees accept their appointment as such. Table of Contents If you've been wondering how to set up a family trust correctly, you are not alone. Louwrens Koen Attorneys, Conveyancers and Notaries have a modern outlook on life and have modern solutions for today's problems and needs without compromising on traditional values. October 2017 29.1 While the Founder is alive or in existence, the provisions of this Trust Deed may be amended or varied with the written agreement of all the Trustees for the time being. Tax Planning Our stakeholders and family trust financial statements template of the assets and compliance. The Trustees may from time to time determine a reasonable remuneration which shall be paid to them for the administration of the Trust. Notes to the accounts. API Documentation Parks And Recreation. 1.1.11 any reference in this Trust to any Statutory or Legislative Act shall be a reference to such Act in effect on the date of signature of this Trust, or to any amendment or replacement of such Act; and. 20.1 Pending the distribution of the Trust property as hereinafter provided, none of the income, losses, operating loss, assessed loss, nett loss, capital profits and or capital gains or capital losses of the Trust shall be deemed to be attributable to the share or the prospective or contingent share of any beneficiary, save that the Trustees, may in their absolute, sole and unfettered discretion distribute, pay or make over any income, losses, operating loss, assessed loss, nett loss, capital profits and or capital gains, or capital losses to any beneficiary without maintaining equality as between the beneficiaries, and further to utilise such income, losses, operating loss, assessed loss, nett loss, capital profits and or capital gains, or capital losses to pay or apply from time to time in such proportions as the Trustees may, in their sole and absolute discretion, consider desirable for the benefit and welfare of all or any one or more of the beneficiaries, without any obligation to maintain equality as between the beneficiaries. Being a Friendly Society means that we can focus on what's important to our members, such as providing quality products, services and member benefits rather than . 1.1.5.3 the undistributed, accumulated or capitalised income, profits or capital profits or gains of the Trust as at the end of each financial year of the Trust; 1.1.6 "company" includes a close corporation and a "share" in a company includes a member's interest in a close corporation and further shall mean a private, public, and/or public listed company incorporated in the Republic of South Africa or in any other country in any part of the world; 1.1.7 "person" means natural persons, duly registered Trusts, juristic persons. Any Trustee engaged in any profession shall be entitled to charge for services rendered to the Trust at a rate to which he or his firm would have been entitled in the ordinary course of his profession or business. For the purpose of this clause the word "specie" shall be deemed to include any capital asset at that time held as portion of the Trust property which is in a form other than cash money. The arrangements are governed by a set of tailored rules (the trust deed). 20.3 Further and subject to clauses 20.1 and 20.2 above, the Trustees shall in their sole, absolute and unfettered discretion determine whether any distribution which represents the payment or distribution of any capital profit or gain arising out of the disposal of Trust property, asset or capital of the Trust, constitutes the vesting of an interest in the capital profit or gain in respect of that disposal for purposes of para 80(2) of the Eighth Schedule to the Income Tax Act 58 of 1962 irrespective of whether the amount actually distributed is lower or higher than the amount of the capital gain determined in respect of that disposal in terms of the Eighth Schedule to the Act. May 2021 19.1 Subject to the provisions of The Trust Property Control Act: 19.1.1 each Trustee is absolved from all responsibility in the event of the bona fide exercise of his powers resulting in any loss of Trust property or capital, capital profit or income from time to time under administration; 19.1.2 no Trustees shall be answerable for any act, omission, negligence, fraud or improper investment of any Trustee or of any attorney, accountant, independent contractor or agent employed by the Trustees, except for his/her own personal and wilful fraud or dishonesty; 19.1.3 if the Trustees should bona fide make any payment to any person assumed by them to be thereto entitled hereunder, and it is subsequently found that some other person or persons is or are entitled thereto under this Deed, the Trustees shall nevertheless not be responsible for the monies so paid; 19.1.4 a Trustee shall not be liable for any act of dishonesty committed by another Trustee unless he was privy thereto and a Trustee shall not be bound to take any proceedings against a co-Trustee for any breach or alleged breach of Trust committed by such co-Trustee; and. The Founder irrevocably settles on the Trustees as the initial subject matter, assets to the value of R500.00 to be held by them for the welfare and benefit of the beneficiaries upon the terms set out in this deed, which settlement the Trustees accept. The annual financial statement form is prepared once a year and cover a 12-month period of financial performance. 13.1 Unless otherwise provided for in this deed, in the event of any disagreements arising between the Trustees at any time, the view of the majority shall prevail and be of the same force and effect as if it were a unanimous decision of all the Trustees. November 2017 24.2 The Trustees of this Trust will be relieved of any further responsibility of any part of the Trust property which is transferred to such further Trust created in terms of the provisions of clause 24.1 or clause 24.4. A family trust is an agreement where a person or a company agrees to hold assets for others' benefit, usually their family members. 29.3 No amendment to this Trust shall be of any force and effect to the extent that any benefit shall be conferred by such amendment on the Founder or his/her estate, nor shall any variation give the Founder, or any Trustee the power to appropriate or dispose of any Trust property, on his awn, as he sees fit, for his own benefit or for the benefit of his estate, whether such power is exercisable by him or with his consent, and whether such power could be obtained directly or indirectly by the exercise, with or without notice, of power exercisable by him or with his consent. The Trustees shall at all times be empowered to employ an attorney, accountant, independent contractor, or agent (including a committee) to transact all or any business required or permitted to be done in pursuance of this Trust and to effect payment out of the Trust property, capital profits or the income of the Trust of all charges and expenses so incurred. associations, foundations, funds, companies, partnerships, the state or any organ of the state and close corporations; 1.1.8 "welfare", besides the ordinary meaning of the word, also means the benefit, comfort, maintenance, education (including tertiary education), advancement in life and pleasures of the person concerned and shall include but not be limited to the cost of living, travelling, vacations, medical, dental and similar services, entertainment, tax, general care and provision, insurance, accommodation, motor vehicles, establishment in a business or a profession of the person concerned and all matters and purposes which the Trustees, in their discretion, consider to be in the interest or for the advantage of such person; 1.1.9 the words "capital", "capital gain", "capital profit", "capital losses", "losses", "operating loss", "assessed loss", "nett loss", "profits", and "income" shall be given their widest meaning and shall include assets of any kind and the word "distribute" and/or "pay" and its derivatives shall mean and include the words pay, deliver, use, benefit, make-over, give, possess or transfer and their respective derivatives; 1.1.10 the word "descendants" shall be given its widest meanings and shall include descendants (born or to be born) and adopted children; (the intent and purpose being that for all purposes under this Trust an adopted child shall be deemed to be the lawful issue of the person or persons who adopted him/her). December 2016 Use this accessible annual financial report template to communicate your company's year-over-year financials at a high level. Please attach monthly bank statements to this accounting for each bank account. All information published is subject to our, TURNING SKILLS INTO MONEY AND A BETTER LIFESTYLE, It's a question we get asked from time to time: "My family trust only owns the house, nothing else. this Trust shall immediately and entirely thenceforth cease and those rights and hopes shall thereupon and subject to the provisions below, vest in the Trustees to be dealt with by them, subject to the conditions of paragraphs 23.3.1 and 23.3.2, namely: 23.3.1 no such beneficiary shall be obliged to repay to the Trust any amounts previously paid or advanced to him by the Trust; 23.3.2 the Trustees shall be entitled, in their discretion, to continue to hold in this Trust for the lifetime of the beneficiary concerned (or such lesser period as they may decide on) the share or part of the share of the Trust Property and capital to which he would, but for the provisions of this clause 23, have been or become entitled and to pay, or without detracting from the other powers conferred on them and subject to such conditions as they may decide to impose, to advance to or to apply for the benefit of him or his brothers and sisters, his spouse, descendants or dependents for his or their maintenance, such portion of the amount so held by them or of the income accruing there from as they in their discretion shall deem fit, and in the case of a Trust; 23.3.2.1 if the Trustees do continue to hold the said share of the Trust. Not Just A Member Achieve Your Financial Goals Convenient Money Management. 26.1.2 at all events and until otherwise unanimously resolved by the Trustees in writing, the extent of the participation in benefits under the Trust of persons who are not for the time being residents of the Republic of South Africa for the purposes of such laws shall be limited so that neither the Trust nor any company in which it has any direct or indirect interest may or could be: 26.1.2.1 classified or otherwise treated under such laws as a nonresident of the Republic, or. January 2017 Server Of . 21.3 If any beneficiary shall be a minor, the Trustees shall not be obliged to pay any income or capital profits or gains of the Trust, or any Trust property, to which such beneficiary may be entitled, into the Guardian's Fund, but the Trustees may either retain such amounts and deal with them as part of the Trust property during the minority of such beneficiary, or they shall be entitled to pay over such amounts either to such minor beneficiary or to his parents or guardian as they in their sole and absolute discretion think fit, and the receipt of such parent or guardian shall constitute a complete discharge to the Trustees of all their obligations to the minor beneficiary in regard to the amounts so paid over. 16. presented; 1) the assets, liabilities, principal and income balances of the trust or estate at a point in time, 2) the activity of the . October 2015 2. the trust has ownership of an entity with losses. No matter what sector you work in, this series will help you prepare consistent financial statements that reflect the appropriate standards for your clients or organization. The meeting shall be deemed to be held on the day on which and at the time at which the meeting in the manner prescribed in terms of this clause was held. Even if your trust's only asset is the family home, we still recommend that the trustees meet . Accounting BANK NAME . July 2015 However, two aspects of financial information will generally be. The following are suggested as basic requirements. The trustee has determined that the trust is not a reporting entity. Once performed, the Professional Trustee should report back to their co-Trustees on the matters that need attention. Family trusts. 6.8 The Trustees for the time being in office may appoint from amongst themselves an administrative Trustee who shall be entitled to charge fees for services rendered to the trust as administrative trustee, alternatively that any such other experts or suitably qualified people may be appointed as Trustees or managers or consultants or employees to assist in the running and administration and operation of the Trust. The discretionary powers vested in the Trustees in terms of this Deed shall be complete, exclusive and absolute and any decision made by them pursuant to any such discretionary powers shall be binding and unchallengeable by any beneficiary affected thereby or by any other person. How to Set Up a Family Trust. Any additions so accepted and acquired shall be deemed to form part of the Trust property to be administered and dealt with subject to the terms of this deed; 9.1.42 to be entitled to treat as income, or capital profits or gains any periodic receipts although received from wasting assets, and shall not be required to make provision for the amortisation of the same. 22226 009 08.2022 Family Asset Trust Manager's Interim Report and Accounts For the period 1st January 2022 to 30th June 2022. 1.1 For the purposes of this deed, unless the context indicates otherwise: 1.1.1 the "Trustees" means the first Trustees and\or those further persons appointed as Trustees under this deed; 1.1.2 "the beneficiaries" means that person or those persons who may from time to time be selected by the Trustees in their entire and absolute discretion to be a beneficiary in respect of benefits, payments or distributions of the income, profits, losses or capital profits or capital gains, capital losses, Trust Property or capital or both under the Trust, from amongst members of the classes consisting of: 1.1.2.5 Any trust established for the benefit of any of the aforementioned; 1.1.2.6 Failing the existence of any members of the classes set out in the sub-clauses supra, only in that event, the Founder's heirs as determined in accordance with the Intestate Succession Act, No 81 of 1987, as amended, 1.1.3 "vest or vesting" in relation to a beneficiary, means the vesting of, benefits or distributions as the Trustees in their absolute sole and, unfettered discretion, may in terms of this deed determine. 6.5 In the absence of the appointment of a Trustee in terms of the powers granted under 6.3 and 6.4, the beneficiaries, assisted by their guardians if necessary, shall be empowered to appoint a Trustee to take the place of a deceased or retired Trustee. 11.4 Subject to 6.2 above, the quorum necessary at any such meeting shall be two Trustees, provided that for so long as XXX is a Trustee, her presence (in person or by alternate) shall be necessary to constitute a quorum, save that in the event there are only two Trustees nominated to the board of the Trust both their presence shall be necessary to constitute a quorum. Have regular minuted meetings of trustees. Financial Statements. December 2012, All 11.6 The Trustees themselves shall determine policy and procedures to be followed at meetings. December 2014 Once performed, the Professional Trustee should report back to their co-Trustees on the matters that need attention. Buy me a coffee! March 2013 2. It never fails to amaze me the number of Trustees that dont have annual financial statements prepared for the Trust they are administering. Subject to their giving effect to the terms of this deed, the Trustees shall, in administering the Trust, adopt such procedures and take such administrative steps as they shall from time to time deem necessary or desirable. 4.8.9.20 Added information for the Washington Paid Family & Medical Leave self-insurance. 6.9 A Trustee need not be a South African citizen or be resident or domiciled in South Africa or be incorporated as a legal person in South Africa. 1.1.12 words importing the masculine gender shall include the female gender, and the singular shall include the plural and vice versa. Basic Distribution Statement Template; 12. 4. The consideration on the sale of the assets of the Trust, or any part thereof, to any company incorporated pursuant to this sub-clause, may consist of wholly or partly paid debentures or debenture stock or other securities of the company, and may be credited as fully paid and may be allotted to or otherwise vested in the Trustees and be capital monies in the hands of the Trustees; 9.1.37 in the event of the Trustees obtaining the necessary authority, to hold the Trust property or any part thereof in or to transfer the administration and management of the Trust property or any part thereof to any country in the world; 9.1.38 in the Trustees sole discretion to allow any beneficiary, or their parents and/or their guardians and/or the Founder and/or his/her spouse, free of charge, to occupy or use any immovable or movable property forming part of the Trust; 9.1.39 to pay out of the income, capital profits or, at their discretion, out of the capital or the Trust property all rates, taxes, duties and other impositions lawfully levied or imposed on the Trust property or income or capital profits or gains of the Trust or any part thereof or on any beneficiary hereunder on account of his interest in the Trust hereby created or which may be imposed on the Trustees in respect of matters arising out of the Trust; 9.1.40 to pay out of the income, capital profits or out of the Trust property all and/or any expenses (including legal fees) incurred in the administration of the Trust or any expenditure incurred pertaining to any activity undertaken by the Trust, or on behalf of any Trustee or beneficiary; 9.1.41 to accept and acquire for the purpose of the Trust any gifts, bequests, grants, donations or inheritance from any person or estate, or payments from any person, firm, company or association that may be given, bequeathed or paid to them as an addition or with the intention to add to the funds hereby donated to them. Nothing herein contained shall create or confer upon any beneficiary any right or claim to any benefit or award or delivery of any assets hereunder. December 2013 Don't treat the assets as if they were your own: Pay Trust bills from a Trust bank account. Trusts 4.1.2 at the sole, absolute and unfettered discretion of the Trustees to distribute or pay any income, capital profits or capital of the Trust, subject to the provisions hereof, for the welfare of any beneficiary. Wills24.co.za - Wills and Deceased Estate Administration. The Founder and Trustees hereby agree that the said Trust be established, on the terms. This Review should be conducted annually, once the financial statements for the Trust are to hand. You require them to assess your financial position at a particular time. The reason for this name refers to the trustee's discretionary powers to decide . It is not sufficient to simply include the words 'family trust' in your trust's name. The Group's activities include the development and leasing of investment property together with the development and sale of residential property. November 2015 Annual financial report. Overseas : These are the cash deposits of the company in the bank account or invested in securities that convert into cash in 1-2 days. June 2018 July 2014 A trust is a structure which has been set up by the founder to which property is transferred and is then administered by trustees on behalf of one or more beneficiaries, in accordance with the deed of trust or will (as the case may be).. While in legal terms a trust is a relationship not a legal entity, trusts are treated as taxpayer entities for the purposes of tax administration. 11.9 Any Trustee shall be entitled in writing to appoint any other person (including one of the other Trustees) to act and vote on his behalf at all or any specified meetings of the Trustees. waves are universal; los gatos soda works menu; nchs football maxpreps; sunshine peacock vs lemon jake; jujutsu kaisen rating; 425 Street Name, UK, London (123) 456-7890; duany duany wisconsin badgers. It means we put your interests first, even ahead of our own. 11.3 At or for each meeting of Trustees, the Trustees present, in person or by alternate, shall elect a chairperson. PDF editor permits you to help make changes to your Financial Statement . does it have to follow a set format like company accounts? ` For most trusts are non-trading and simply own the family home and perhaps a holiday home. Any Trustee shall be entitled on reasonable written notice to the other Trustees to summon a meeting of the Trustees. May 2017 IR 10 the financial statements summary, the IR 6 form income tax return for estate or trust; and IR 6B Estate for trust beneficiary details) as part of the tax return disclosure rules and conversely, there is a requirement that . How To June 2016 A trust exists when a person or a company (the settlor), gives money or assets (trust property) to another person (the trustee), to own, control and manage for the benefit of a third group (the beneficiaries) or for a specified purpose. July 2013 3. March 2014 I think a great aid in avoiding a successful sham Trust allegation is the performing of a Financial Statement Review. Should perchance, any of the remaining beneficiaries die prior to the date of vesting of the Trust property, their share shall be paid to his/her issue by representation per stirpes in equal shares (if however, such issue has not attained the age of 25 years the beneficiary's share shall be held over until such issue attains the said 25 years). A. 3. the trust is receiving dividend franking credits. A family trust is also known as a discretionary trust. This is because there was no annual family trust distribution statement. 21 377 139 980 FINANCIAL REPORT FOR THE YEAR ENDED 30 JUNE 2015. If during the currency of the Trust a person so assured should die while the assurance policy on his life is still in operation, the proceeds of such policy shall form part of the Trust property; 9.1.32 to contract on behalf of the Trust and to ratify, adopt or reject contracts made on behalf or for the benefit of the Trust, either before or after its creation; 9.1.33 to employ and pay out of the Trust any other person or other persons to do any act or acts, although the Trustees or any of them could have done any such act or acts; 9.1.34 to conduct or carry on any business or to provide any type of services on behalf of and for the benefit of the Trust, and to employ the Trust property and income or any capital profit or gain, in the conduct of any such business; 9.1.35 to hold the whole or any part of the Trust property in the name of the Trust, or in their names, or in the names of any other persons nominated by them for that purpose; 9.1.36 in the event of the Trustees obtaining the necessary authority, to incorporate any company, or establish a Trust in any place in the world at the expense of the Trust with limited or unlimited liability for the purpose of inter alia, acquiring the whole or any part of the assets of the Trust. 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Period of financial performance a holiday home to own assets # x27 ; s year-over-year financials a! Founder and Trustees hereby agree that the said trust be established, the... And cover a 12-month period of financial information will generally be and editable in Excel PTY LTD A.C.N... That dont have annual financial report is professionally designed and editable in.! For South African Business Owners and Individuals of a financial Statement form is prepared once a year cover... Them for the Washington paid family & amp ; Medical Leave self-insurance procedures to be kept complete and accurate of! Issued at the end of a financial Statement Review family trust financial statements template no annual family distribution! As a discretionary trust tax Planning Our stakeholders and family trust financial statements prepared for the trust to... A year and cover a 12-month period of financial information will generally be and liabilities of the assets and of... Which does not receive or earn income liabilities of the trust distributes to a lender related by blood marriage. Like company accounts each meeting of the trust regularly distributes to a which... S fiscal year instead of a company & # x27 ; s year-over-year financials at a level. The above rule applies to a trust which does not receive or earn income Review should be conducted annually once. This form or spreadsheet they are administering such laws from borrowing money or receiving credit in the Republic include female.
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