It is registered
Ministry of Justice
Russian Federation
On March 25, 2019 No. 54143
of December 5, 2018 No. 664-P
About temporary administration of the financial organization, being the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade, procedure in the Bank of Russia of control of execution of the plan of recovery of solvency of such financial organization and cases of adoption by the Bank of Russia of the decision on conducting exit check of its activities for analysis results of the plan of recovery of solvency
According to item 4 of Article 183. 1, item 4 of Article 183. 2, Item 12 of Article 183. 6, Items 3 and 4 of Article 183. 10, Item 2 of article 183.15 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, Art. 7024, Art. 7040, Art. 7061, Art. 7068; No. 50, Art. 7351, Art. 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, Art. 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, Art. 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, Art. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, Art. 11, Art. 29, Art. 35; No. 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4350, Art. 4355, Art. 4362; 2016, No. 1, Art. 11, Art. 27, Art. 29; No. 23, Art. 3296; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4237, Art. 4293, Art. 4305; 2017, No. 1, Art. 29; No. 18, Art. 2661; No. 25, Art. 3596; No. 31, Art. 4761, Art. 4767, Art. 4815, Art. 4830; No. 48, Art. 7052; 2018, No. 1, Art. 54; No. 11, Art. 1588; No. 18, Art. 2557, Art. 2563, Art. 2576; No. 28, Art. 4139; No. 47, Art. 7140; On November 28, 2018) (further - the Federal Law "About Insolvency (Bankruptcy)") the Bank of Russia establishes "The official Internet portal of legal information" (www.pravo.gov.ru):
procedure the Bank of Russia of control of execution of the plan of recovery of solvency of the financial organization, being the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade;
cases of adoption by the Bank of Russia of the decision on conducting exit check of activities of the financial organization, being the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade, for analysis results of the plan of recovery of solvency of such financial organization;
order of interaction of temporary administration of the financial organization, being the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade, the Bank of Russia and its representatives to implementation of the powers;
forms of control of temporary administration of the financial organization, being the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade performed by the Bank of Russia and its representatives;
procedure for adoption by the Bank of Russia of the decision on suspension of powers of governing bodies of the financial organization, being the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade, based on the petition of temporary administration;
procedure temporary administration of control of activities of liquidation commission (liquidator) of the financial organization who is the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade;
procedure and term of release by the Bank of Russia of the head of temporary administration of the financial organization who is the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade from execution of the obligations assigned to it;
procedure for adoption by the Bank of Russia of the decision on release of the head of temporary administration of the financial organization who is the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade from execution of the obligations assigned to it.
1.1. Control of execution of the plan of recovery of solvency of the financial organization, being the professional participant of the security market, managing company of investment funds, mutual investment funds and non-state pension funds, the clearing organization, the organizer of trade (further respectively - the financial organization, the plan of recovery of solvency) shall be performed by the Bank of Russia:
by carrying out the analysis and assessment of the reports on course of execution of the plan of recovery of solvency submitted by the financial organization or temporary administration of the financial organization (further - temporary administration), for the purposes of implementation of control by the Bank of Russia (further - Reports) and other information provided by temporary administration in addition to Reports (further - the additional information to Reports);
by appointment of temporary administration for execution of the plan of recovery of solvency and control of its execution, and also by control of activities of temporary administration.
1.2. The report shall be submitted in the Bank of Russia by the financial organization, and in case of suspension of powers of executive bodies of the financial organization - temporary administration.
1.3. The Report the following data shall be included:
the description of the sequence and content of actions of the financial organization and terms of their making in case of execution of the plan of recovery of solvency;
data on change of solvency of the financial organization for date of creation of the Report in comparison with data for date of creation of the previous Report or data on change of solvency of the financial organization for date of creation of the Report in comparison with data on approval date the head of the financial organization and (or) the head of temporary administration of the plan of recovery of solvency in case of submission of the first Report, including data on which analysis results the conclusion is drawn on change of solvency of the financial organization, and also on the reasons which caused its change;
data on the size of own means obligatory (financial, economic) standard rates of the financial organization as of date of creation of the Report;
the financial and non-financial performance of activities of the financial organization characterizing results of execution of the plan of recovery of solvency as of date of creation of the Report, and also the forecast of these indicators for date of submission of the following Report;
data on assessment of sufficiency financial, material and the manpower necessary for execution of the plan of recovery of solvency, as of date of creation of the Report, the forecast of this assessment for date of submission of the following Report;
data on assessment of change of results of activities and solvency of the financial organization in case of execution of the plan of recovery of solvency with indication of the major factors influencing its change;
the description of forms of control of the financial organization of execution of the plan of recovery of solvency with the analysis of possibility of recovery of solvency of the financial organization and if necessary the offer of the alternative measures for the prevention of bankruptcy of the financial organization which are not provided by the plan of recovery of solvency.
1.4. The temporary administration weekly accruing result shall provide in the Bank of Russia the additional information to the Report which structure shall include the following data:
about the revealed creditors of the financial organization and the size of their monetary claims including which are not performed in time;
about money, securities and other property of clients of the financial organization with indication of places of its storage;
about the revealed debtors of the financial organization;
about the size of requirements to debtors of the financial organization, including about the size of overdue debt and hopeless to debt collection;
about measures for ensuring safety of property of the financial organization;
about appeals of temporary administration to court on behalf of the financial organization about recognition of the transactions made by the financial organization or at the expense of the financial organization, invalid or about application of effects of invalidity of transactions (in the presence);
other information which according to temporary administration characterizes the current financial status of the financial organization.
1.5. The report, the additional information to the Report shall be provided in the Bank of Russia in electronic form, the signed strengthened qualified digital signature of the head of the financial organization or the head of temporary administration, according to the procedure, No. 4600-U provided by Chapter 2 of the Instruction of the Bank of Russia of November 3, 2017 "About order of interaction of the Bank of Russia with credit institutions, not credit financial credit institutions and other participants of information exchange when using of information resources of the Bank of Russia, including personal account by them", No. 49605 registered by the Ministry of Justice of the Russian Federation on January 11, 2018 (further - the Instruction of the Bank of Russia No. 4600-U).
In case of absence at temporary administration of technical capability of submission to the Bank of Russia of the Report, the additional information to the Report according to the procedure, provided by paragraph one of this Item, the Report, the additional information to the Report shall be provided in the Bank of Russia on paper by the direction of the registered mail or by transfer to expedition of the Bank of Russia.
All sheets of the Report and the additional information to the Report represented on paper including appendices to them, shall be numbered, stitched and fastened the last leaf by text with indication of figures and the copy-book of number of the numbered sheets signed by the head of temporary administration with indication of surname, name on the back, middle names (in the presence) and dates of creation, and also are certified by seal of the financial organization (in the presence).
1.6. The report with application of documents, confirming data, stipulated in Item 1.3 this provision, shall be represented to the Bank of Russia no later than five working days from the date of the expiration of execution of measure for the prevention of bankruptcy of the financial organization, but at least once in two weeks, since day of submission of the plan of recovery of solvency to the Bank of Russia.
1.7. The Bank of Russia based on the report and (or) the additional information to the Report shall estimate dynamics of change of solvency of the financial organization, observance of compliance of completion dates of measures for the prevention of bankruptcy to the terms specified in respect of solvency recovery and also the data specified in Item 1.3 of this provision.
In case of identification by results of assessment of the report and (or) the additional information to the Report of need of adjustment (change) of measures for the prevention of bankruptcy the Bank of Russia shall send to the financial organization (temporary administration) according to the procedure, provided by Chapter 4 of the Instruction of the Bank of Russia No. 4600-U, the requirement about adjustment (change) of the specified measures. In the case provided by the paragraph the second Item 1.5 of this provision, the Bank of Russia shall direct the requirement about adjustment (change) of measures for the prevention of bankruptcy on paper by the direction of the registered mail with the assurance of receipt.
1.8. On analysis results of the Federal Law "About Insolvency (Bankruptcy)" of the plan of recovery of solvency provided by the financial organization according to Item 2 of Article 183.1 the Bank of Russia shall make the decision on the carrying out according to the procedure established by the Bank of Russia according to part two of article 76.5 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2013, No. 30, Art. 4084; 2019, No. 29, the Art. 3857), exit checking of activities of the financial organization in cases, when:
established fact of unauthenticity of the data included in the plan of recovery of solvency (including discrepancies between the data containing in the plan of recovery of solvency and the data containing in the reporting of the financial organization provided to the Bank of Russia for control and supervision in the field of activities of the financial organization);
the recoveries of solvency of the data included in the plan do not allow to estimate sufficiency of the measures provided by it and reality of their execution.
Paragraph fourth ceased to be valid
2.1. Control of activities of temporary administration shall be exercised by the Bank of Russia and its representatives in the following forms:
verification of the Federal Law "About Insolvency (Bankruptcy)" of the conclusion about financial condition of the financial organization, Reports represented by temporary administration to the Bank of Russia according to Item 1 of Article 183.13 and additional information to Reports, and also the analysis of other documents and information on activities of the financial organization represented by temporary administration to the Bank of Russia and to its representatives on their requests;
the direction the Bank of Russia of the representatives in the financial organization in which the Bank of Russia appoints temporary administration;
participation of bank representatives of Russia in work of temporary administration, in meetings of governing bodies of the financial organization;
holding meetings of representatives of temporary administration and bank representatives of Russia concerning execution of the plan of recovery of solvency.
2.2. For ensuring participation of bank representatives of Russia in meetings of governing bodies of the financial organization the head of temporary administration shall inform by means of electronic, fax or cable communication bank representatives of Russia on time and the venue of each meeting not later than three working days about day of its carrying out.
In the cases requiring urgent holding emergency meeting of governing bodies of the financial organization, the head of temporary administration shall inform bank representatives of Russia by means of electronic, fax or cable communication on time and the venue of each meeting in time, providing possibility of participation of the bank representative of Russia in it.
2.3. In case of appointment of temporary administration with restriction of powers of executive bodies of the financial organization the plan of recovery of solvency approved by the head of the financial organization and the head of temporary administration shall be represented to the Bank of Russia.
2.4. In case of appointment of temporary administration with suspension of powers of executive bodies of the financial organization the plan of recovery of solvency developed by temporary administration and approved by the head of temporary administration shall be represented to the Bank of Russia.
2.5. If completion date of the plan of recovery of solvency exceeds the term to which the temporary administration is appointed, the Bank of Russia within thirty working days from the date of receipt of the specified plan shall extend the term of activities of temporary administration according to Item 1 of article 183.12 of the Federal law "About Insolvency (Bankruptcy)".
2.6. When implementing interaction with the Bank of Russia and its representatives the temporary administration shall:
represent oral and (or) written explanations, documents by bank inquiries of Russia, bank representatives of Russia;
submit in the Bank of Russia Reports and the additional information to Reports;
perform preliminary approval of the Bank of Russia of the appeal to law enforcement agencies about accountability of sole executive body of the financial organization, members of collegiate executive body of the financial organization, members of liquidation commission (liquidator) of the financial organization (further - the address) and to notify the Bank of Russia on the direction in law enforcement agencies of addresses and receipt of answers to them.
The temporary administration for the purpose of approval of the Bank of Russia of the project shall send appeals it to the Bank of Russia according to the procedure, stipulated in Item 1.5 this provision.
The Bank of Russia shall consider the draft of the address and report to temporary administration about approval or motivated refusal in approval of the draft of the address within three working days from the date of receipt of the draft of the appeal to the Bank of Russia.
In case of receipt of the draft of the address about the acts containing essential elements of offense, stipulated in Article 172.1 Criminal Codes of the Russian Federation (The Russian Federation Code, 1996, No. 25, Art. 2954; 2014, No. 30, of the Art. 4219), the Bank of Russia shall consider the draft of the address and report to temporary administration about approval or motivated refusal in approval of the draft of the address in day of its receipt, and in case of its receipt after 16 hours 00 minutes (Moscow time) - till 12 hours 00 minutes (Moscow time) of the next working day.
The temporary administration shall send to the Bank of Russia according to the procedure, stipulated in Item 1.5 this provision, the notification on the direction of the appeal to law enforcement agencies no later than one working day from the date of the direction of the address, and also the notification on results of consideration of the address by law enforcement agencies no later than one working day from the date of receipt of the answer from law enforcement agencies to the address.
3.1. The petition of temporary administration for suspension of powers of governing bodies of the financial organization (further - the petition of temporary administration) represented by temporary administration according to the procedure stipulated in Item 1.5 this provision, is subject to consideration by the structural division of the Bank of Russia performing according to the distribution of powers established in the Bank of Russia on control and supervision in the field of the financial markets supervision of activities of the financial organization (further - control division).
3.2. The control division within five working days from the date of receipt of the petition of temporary administration shall consider it regarding availability of the facts confirming the bases for suspension of powers of governing bodies of the financial organization provided by the subitem 2 of Item 2 of article 183.10 of the Federal law "About Insolvency (Bankruptcy)".
In case of establishment by the control division which is structural division of territorial office of the Bank of Russia, the facts confirming the bases for suspension of powers of governing bodies of the financial organization provided by the subitem 2 of Item 2 of article 183.10 of the Federal law "About Insolvency (Bankruptcy)", the copy of the petition and documents confirming the specified bases (in the presence) shall go it to the structural division of central office of the Bank of Russia exercising supervision of activities of the corresponding type of the financial organizations (further - authorized structural division of central office of the Bank of Russia).
3.3. The decision of the Bank of Russia on suspension of powers of governing bodies of the financial organization based on the petition of temporary administration shall be made by Committee of financial supervision of the Bank of Russia and is drawn up by the order of the Bank of Russia signed by the Chairman (the first deputy (deputy) the Chairman of the Bank of Russia).
3.4. The Bank of Russia shall post on the official site of the Bank of Russia on the Internet the information message about decision making about suspension of powers of governing bodies of the financial organization no later than three working days from the date of adoption of the specified decision.
4.1. The temporary administration of the liquidated financial organization shall exercise control of activities of liquidation commission (liquidator) of the financial organization (further - liquidation commission) from the date of appointment of liquidation commission before the termination of activities of temporary administration according to Item 3 of article 183.12 of the Federal law "About Insolvency (Bankruptcy)".
4.2. The temporary administration of the liquidated financial organization shall exercise control of implementation of the decisions made by liquidation commission, and also of observance by liquidation commission of procedure for liquidation of the legal entity, stipulated in Article 63 Civil codes of the Russian Federation (The Russian Federation Code, 1994, No. 32, Art. 3301; 2002, No. 12, Art. 1093; 2006, No. 2, Art. 171; 2013, No. 26, Art. 3207; 2014, No. 19, the Art. 2304), including in part:
taking measures to identification of creditors of the financial organization and receipt of receivables of the financial organization;
appeals of liquidation commission to Arbitration Court with the statement for bankruptcy of the financial organization in case of insufficiency of property of the liquidated financial organization for satisfaction of requirements of creditors or in the presence of signs of bankruptcy of the financial organization;
payments of sums of money to creditors of the liquidated financial organization;
creation of the liquidation balance sheet after completion of settlings with creditors of the liquidated financial organization;
publications in mass media in which data on state registration of the legal entity, messages on liquidation of the financial organization and on procedure and term of the statement of requirements by her creditors are published.
4.3. In case of control of activities of liquidation commission the temporary administration of the liquidated financial organization shall:
request from liquidation commission documents and data on the course of liquidation of the financial organization and activities of liquidation commission;
analyze the documents received from liquidation commission and data on the course of liquidation of the financial organization and activities of liquidation commission;
perform activities of liquidation commission with exit in the financial organization;
provide documentary fixation of results of control, including information on the revealed violations of the law of the Russian Federation allowed by liquidation commission;
control elimination by liquidation commission of the violations of the law of the Russian Federation revealed by temporary administration allowed by liquidation commission when implementing the powers.
4.4. The temporary administration of the liquidated financial organization shall request from liquidation commission the following documents (in case of their absence at temporary administration):
copies of the decision on liquidation of the financial organization and the document establishing procedure and terms of liquidation of the financial organization;
the interim liquidation balance sheet (in case of its availability on the date of receipt of request).
4.5. The temporary administration of the liquidated financial organization at least once in fifteen days shall request documents and data on the course of liquidation of the financial organization and activities of liquidation commission containing from liquidation commission:
information on the work which is carried out by liquidation commission;
data on requirements of creditors;
information on the carried-out settlings with creditors;
data on cash receipt, their sources and expenditure of money;
data on cases of the appeal of liquidation commission to court.
4.6. In case of identification of the facts of non-compliance by liquidation commission of procedure for liquidation of the legal entity, stipulated in Article 63 Civil codes of the Russian Federation, and (or) the facts of violation of the law of the Russian Federation allowed by liquidation commission when implementing liquidation of the financial organization, the head of temporary administration of the liquidated financial organization shall send to liquidation commission no later than three working days from the date of identification of the specified facts the requirement to eliminate the revealed violations.
4.7. In case of identification of signs of making by members of liquidation commission of administrative offenses the temporary administration of the liquidated financial organization shall send the message on the revealed signs of administrative offense to body (person) to which competence decision making about initiation of proceedings about administrative offense is referred.
4.8. In case of identification of signs of making by members of liquidation commission of crimes the temporary administration of the liquidated financial organization for the purpose of approval of the Bank of Russia of the draft of the appeal to law enforcement agencies containing data on signs of making by members of liquidation commission of crimes shall send the specified appeal to the Bank of Russia according to the procedure, stipulated in Item 1.5 this provision.
The Bank of Russia shall consider the draft of the address specified in paragraph one of this Item and report to temporary administration of the liquidated financial organization about approval or about motivated refusal in approval of the specified draft of the address within three working days from the date of its receipt in the Bank of Russia.
The temporary administration of the liquidated financial organization shall send to law enforcement agencies the appeal specified in paragraph one of this Item no later than one working day from the date of obtaining from the Bank of Russia of the message on its approval.
The temporary administration of the liquidated financial organization shall send to the Bank of Russia according to the procedure, stipulated in Item 1.5 this provision, the notification on the direction of the appeal to law enforcement agencies specified in paragraph one of this Item, no later than one working day from the date of such direction, and also the notification on results of consideration of the specified address by law enforcement agencies no later than one working day from the date of receipt of the answer from law enforcement agencies.
4.9. If the liquidation commission creates conditions under which the temporary administration of the liquidated financial organization cannot perform fully or partially the functions (hindrance to implementation of activities of temporary administration of the liquidated financial organization), the temporary administration of the liquidated financial organization shall draw up the statement of hindrance of activities of temporary administration (further - the act of hindrance).
4.10. The statement of hindrance shall be drawn up in day of factual determination of hindrance to implementation of activities of temporary administration of the liquidated financial organization and be signed by the head of temporary administration of the liquidated financial organization with indication of including dates and places of its creation, full trade name of the liquidated financial organization, circumstances of factual determination of hindrance to implementation of activities of temporary administration of the liquidated financial organization.
4.11. The temporary administration of the liquidated financial organization no later than day of creation of the act of hindrance shall direct:
the act of hindrance - to body (person) to which competence decision making about initiation of proceedings about administrative offense is referred;
the copy of the act of hindrance - in the Bank of Russia according to the procedure, stipulated in Item 1.5 this provision.
5.1. The petition for release of the head of temporary administration from execution of the obligations assigned to it sent to the Bank of Russia according to the paragraph to the second Item 2 of article 183.15 of the Federal law "About Insolvency (Bankruptcy)" (further - the petition for release of the head of temporary administration), and also the documents attached to it confirming approach of the basis for release of the head of temporary administration from execution of the obligations assigned to it (further - supporting documents), shall be considered by control division.
5.2. The control division within five working days from the date of receipt of the petition for release of the head of temporary administration and supporting documents shall consider them regarding availability of Item 2 of article 183.15 of the Federal law "About Insolvency (Bankruptcy)" of the basis for release of the head of temporary administration from execution of the obligations assigned to it provided by the paragraph the second.
In case of establishment by the control division which is structural division of territorial office of the Bank of Russia, by results of consideration of the petition for release of the head of temporary administration and supporting documents of the basis provided by the paragraph the second Item 2 of article 183.15 of the Federal law "About Insolvency (Bankruptcy)", the copy of the petition for release of the head of temporary administration and the documents confirming the specified bases shall go the control division which is structural division of territorial office of the Bank of Russia to authorized structural division of central office of the Bank of Russia.
5.3. In case of recognition by the Bank of Russia containing in the petition for release of the head of temporary administration and supporting documents of data on availability of the basis for decision making for release of the head of temporary administration insufficient the Bank of Russia shall send self-regulatory organization of arbitration managers inquiry for submission of the documents confirming the bases for release of the head of temporary administration from execution of the obligations assigned to it.
5.4. The decision of the Bank of Russia on release of the head of temporary administration from execution of the obligations assigned to it or on lack of the bases for this purpose after consideration of the petition for release of the head of temporary administration shall be accepted Committee of financial supervision of the Bank of Russia no later than ten working days from the date of receipt of the specified petition and supporting documents in authorized structural division of central office of the Bank of Russia.
In case of the direction the Bank of Russia stipulated in Item 5.3 this provision of request the term of decision making of the Bank of Russia about release of the head of temporary administration from execution of the obligations assigned to it based on the petition for release of the head of temporary administration stops before receipt of required data by control division, but no more than for ten working days.
5.5. The decision of the Bank of Russia on release of the head of temporary administration from execution of the obligations assigned to it based on the petition for release of the head of temporary administration shall be drawn up by the order of the Bank of Russia signed by the Chairman of the Bank of Russia (the first deputy (deputy) the Chairman of the Bank of Russia).
5.6. The Bank of Russia shall post on the official site of the Bank of Russia on the Internet the information message about decision making about release of the head of temporary administration from execution of the obligations assigned to it based on the petition for release of the head of temporary administration no later than three working days from the date of adoption of the specified decision.
5.7. About the decision accepted by results of consideration of the petition for release of the head of temporary administration the Bank of Russia shall notify in writing person who directed the specified petition.
6.1. This Provision becomes effective after 10 days after day of its official publication.
Chairman of the Central bank of the Russian Federation
E. S. Nabiullina
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