Twinsail Business Centre

FAQ

FAQs of Profits Tax

Q:
What tax does Hong Kong company need to pay every year?
A:
Hong Kong company needs only to pay Profits Tax every year, which is calculated by 16.5% (2007/08:17.5%) of the profits. The company without profits needs to pay no Profits Tax.
Q:
What is the year end of Hong Kong company?
A:
It is generally 31 March to 31 December of each year for the basis period of taxation according to custom. Hong Kong company has maximum 18 months for the first year’s basis period of taxation.
Q:
Does Hong Kong need to levy tariffs on imported/exported commodities?
A:
Generally imported/exported commodities need not be levied tariffs, except tobacco, liquor and petroleum. But import/export commodities must be declared at customs.
Q:
Can Twinsail provide services of Hong Kong accounting and tariff declaration?
A:
Yes. You only need to provide relevant information, and then we can process accounting, auditing and tariff declaration and other service on your behalf, at expenses to be determined by actual workload.
Q:
What are the taxes of Hong Kong taxation?
A:
There are three kinds of taxes in Hong Kong taxation: Profits Tax, Salaries Tax and Property Tax. Profits Tax shall be 16.5% (2007/08:17.5%) of the taxable profits of the company; Salaries Tax shall be calculated by salary income at progressive tax rate, and paid up to 15% (2007/08:16%) of total salary income; Property Tax 15% (2007/08:16%) of the net rent income earned from owning properties after deduction of 20% standard tax relief for renovation and expenditure.
Q:
How is the accounting year (base period of assessment) determined?
A:
The base period of assessment shall be one of the following periods:
  • The year ended on 31 March or 31 December commonly
  • The year ended by the end of other month as permitted
Q:
What restriction will Inland Revenue Ordinance have on deduction for donation?
A:
Donation granted to recognizable charitable organisation is permitted to be deducted, but total donation as required shall not be less than $100 and not more than 35% (2007/08:25%) of assessable profits.
Q:
Can the profits of a Hong Kong company offset the losses of previous year?
A:
Losses incurred in a taxable year can be carried forward and used to offset the profits of the company in subsequent years.
Q:
What is Provisional Profits Tax payable?
A:
Profits Tax shall be levied according to the actual profits of the taxable year. Since the profits of one year shall be determined only after the end of year, Inland Revenue Department will levy provisional tax before the end of that year. After the profits of relevant year are assessed in the following year, the provisional tax already paid can be deducted from the Profits Tax payable of this year.
Q:
In which case will Hong Kong company be free from Profits Tax?
A:
If the corporate profits do not arise from Hong Kong, and the company has not set up an office in Hong Kong nor hired Hong Kong employees, then its earned profits will be exempt from Profits Tax.
Q:
My Hong Kong company only opens account at bank, to collect and pay bills for other China Company, then does this Hong Kong company need to process accounting, auditing and tax declaration?
A:
Yes. Because company incorporation is profit-oriented, even if the company in Hong Kong only performs the role of collecting and paying for others, it shall be deemed as agency service business, and its income shall be the commission for collection and payment for others.
Q:
My Company only opens an account at a foreign bank in China and does not open account in Hong Kong; shall the business conducted by my company be free from tax declaration?
A:
No. According to Hong Kong laws, all Hong Kong company has the obligation to declare its financial condition to Inland Revenue Department, whether its business takes place in Hong Kong or not. If this company does not have its source of income in Hong Kong, it can apply to Inland Revenue Department for exemption from taxation.

FAQs of Salaries Tax

Q:
My spouse and I have two children, so can each of us apply for child allowance of one child?
A:
One of the couple should apply for all child allowance. Generally speaking, it is more favourable for one of the couple who earns higher income to apply for child allowance. However, if one of the couple is assessed at standard tax rate, it is more favourable for the other to apply for child allowance.
Q:
How will Inland Revenue Department deal with having more than one person entitled to apply for child allowance in respect of one unmarried child?
A:
If taxpayer, his/her separated or divorced spouse and other person are all entitled to apply for child allowance of one unmarried child, the Commissioner of Inland Revenue shall determine the basis for allocation of the child allowance according to each applicant’s contribution to the nurture and education of that child.
Q:
Can taxpayer who raises an illegitimate child apply for child allowance?
A:
If child meets the requirements of application for child allowance, his/her parent whether duly married or not, can apply for this child allowance.
Q:
My son is 20 years old this year. He has not found a job since graduation in June of this year, will I be entitled to apply child allowance for my son?
A:
If you raise one child over 18 but under 25 years old, this child should receive full-time education during relevant taxable year before you can obtain this child allowance. According to your case as referred to, your son has received full-time education from April to June of this year, so you are eligible to apply for this child allowance.
Q:
How is it determined whether the dependent’s parents are usually living in Hong Kong?
A:
In determining whether the dependent parents are usually living in Hong Kong, Inland Revenue Department will consider their social and economic relations in Hong Kong, the objective factors referable of which include:
  • The number of days staying in Hong Kong
  • Whether they have a fixed residence in Hong Kong
  • Whether they have property to reside in foreign country
  • Whether they have job or business activities in Hong Kong or foreign country
  • Whether their relatives are living in Hong Kong or in foreign country
Generally speaking, if dependent parents are living in foreign country for a long time, the number of days staying in Hong Kong is limited or only of home-visiting nature, then they will not be deemed to be always living in Hong Kong by Inland Revenue Department, even if they hold Hong Kong permanent resident ID cards.
Q:
My parents are aged more than 60 and hold Hong Kong ID card, but have removed to mainland, then can I apply for dependent parents allowance?
A:
If your dependent parents do not want to continue living in Hong Kong, and only occasionally visit home located in Hong Kong, they will not be deemed to be always living in Hong Kong, which means you will not meet the requirements for application. However, if your parents only once in a while live in mainland, they will be deemed to be always living in Hong Kong, and you can apply for dependent parents allowance in respect of them.
Q:
I pay living cost of $30,000 to my mother every year, and intend to apply for “dependent parent allowance”, then in which section of the tax declaration form shall I input the amount of living cost?
A:
Application for “dependent parent allowance” is subject to your parents’ residence, ages and dependence. If the dependent is always living in Hong Kong, aged 55 or above in this year, and given not less than $12,000 for a whole year, they are entitled to apply for “dependent parent allowance”, but need not to inputting the living cost actually paid in the year.
Q:
My spouse does not have job, and I pay the living cost of children by myself, then can I apply for “single parent allowance”?
A:
You are married, so you are not entitled to “single parent allowance” even if you pay the living cost of children by yourself. According to Inland Revenue Ordinance, “single parent” refers to taxpayer being single, widowed or separated all the year round, and who raised children solely or mainly by his/herself in that year, and only this kind of parent can obtain “single parent allowance”.
Q:
What certificates does the applicant need to present in reviewing the application for disabled dependent allowance?
A:
In reviewing the application, Inland Revenue Department may require the applicant to present proof showing that the dependent is qualified to apply for government’s disability allowance. If the dependent has applied to Social Welfare Department for disability allowance, taxpayer can provide the file number of application for allowance to hereby certify. But if the dependent has no claim for the allowance under governmental disability allowance scheme, Inland Revenue Department will require the taxpayer to present a copy of medical appraisal report signed by public hospital or certified doctor, according to the disability defined under Comprehensive Social Security Assistance Scheme or Social Security Allowance Scheme, to certify that the dependent is qualified to place a claim for disability allowance with the Government, in respect of his/her disability. And Inland Revenue Department can also accept this medical appraisal report as the proof of qualification for disabled dependent allowance.
Q:
Does foreign national employed in Hong Kong need to pay Salaries Tax on salary obtained in Hong Kong?
A:
Foreign national needs to pay Salaries Tax on its salary received during the employment in Hong Kong, but the following conditions can exempt the foreign national from Salaries Tax:
  • Consecutively or accumulatively staying in Hong Kong not more than 183 days during one tax period
  • This remuneration is not paid by Hong Kong employer or its representative
  • This remuneration is not borne by enterprise set up in Hong Kong by foreign employer

FAQs of Hong Kong Company Incorporation

Q:
What are the requirements for incorporating a limited company in Hong Kong?
A:
Incorporating a Hong Kong limited Company requires at least one Chinese resident or overseas person holding passport or ID card aged 18 or above acting as shareholder and director. In additional, a Hong Kong address must be provided as a registered address and a Hong Kong resident or professional company must be act as the statutory secretary of the Company. (Twinsail can provide registered address and Corporate Secretarial services).
Q:
Can Mainland resident incorporate Hong Kong Company?
A:
Yes. The Hong Kong Companies Ordinance has no restriction on the nationality of shareholder/director.
Q:
How long will it take for incorporating a Hong Kong Company?
A:
2 to 4 workdays.
Q:
Do the business nature have to be filled on the Business Registration Certificate?
A:
No. The Company can leave it blank if it does not want to specify its nature.
Q:
Are there any restrictions applied to the Company’s expansion on other business if the scope of business is specified on the Business Registration Certification?
A:
The scope of business specified in the Business Registration Certification generally indicates the core business of the Company and no restriction applies to the scope of business nor the Company’s expansion on other business.
Q:
How can a company know whether it is lawfully registered?
A:
A company can entrust Twinsail to check the register or consult the Companies Registry. In addition, if the bank is willing to open an account for the company, it is enough to prove the validity of the company.
Q:
When can the related registration record of a newly-incorporated limited company be found in Companies Registry?
A:
Such records can be found 16 workdays after the date of registration.
Q:
Are the obligations incurred by a limited company calculated by shares in registered capital or issued shares?
A:
The obligation is undertake based on the issued shares while no obligation should be undertake based on un-issued shares.

FAQs of Purchasing Shelf Company

Q:
What is Shelf Company?
A:
A Shelf Company carries following characteristics:
  • It has Certificate of Incorporation, seal of company, stock certificate book and other documents required by law.
  • It does not have records of business activities.
  • The purchaser can make purchase only by providing necessary documents.
Q:
Are there any potential risks in purchasing Shelf Company?
A:
Shelf Company is very common in most countries and regions, for example, Hong Kong, Singapore, British Virgin Islands (BVI), United States of America (U.S.A.) and Cayman Islands. In general, Shelf Company does not conduct business and open bank account prior to its disposal, so there is no potential risk in purchasing Shelf Company.
Q:
What documents are procurable in purchasing Shelf Company?
A:
A whole set of registration document is procurable, including:
  • Certificate of Incorporation
  • Business Registration Certificate
  • 18 copies of the Company’s Articles of Association
  • The Company’s steel seal
  • The Company’s small round stamp and bar stamp
  • Stock certificate book
  • Statutory book
  • Copies of documents filed with Government, for example, the Notice of Appointment of the first director, Notice of Acceptance of Director and Notice of Registered Address, etc.
Q:
Is the name of the Shelf Company changeable?
A:
Yes. Likewise a newly-incorporated company, the intended company name shall be checked with Companies Registry for availability before applying for a change in name. It will take about 10 workdays to rename a Shelf Company.
Q:
Can the Company increase the registered capital after its registration?
A:
Yes. It shall pay Stamp Duty of HKD1 for each increase of HKD1,000 in registered capital. It can further allocate shares to new and old shareholders as required.
Q:
How many directors can be appointed in the Shelf Company?
A:
1-50 directors can be appointed.

FAQs of Hong Kong Company Name

Q:
Can a limited company be incorporated without the word “Limited Company” or “Limited” in its name?
A:
No. A Limited Company incorporated in Hong Kong shall have its name with the words “Limited Company” or “Limited” in order to indicate that shareholders shall bear limited liability for future obligation.
Q:
Can simplified Chinese characters be used in the Chinese name of company?
A:
No. The Chinese name shall be written in traditional Chinese characters.
Q:
Can company name be registered in only Chinese or English?
A:
Yes.
Q:
What languages can be used to name the company?
A:
Chinese or English can be used while Arabic numbers can be included. No bilingual name is allowed.
Q:
Are there any restrictions in naming the company?
A:
Unless submitted application for related license, company names cannot contain the word “Bank” or “Insurance” as well as words which may mislead people to believe it has any relation with the Government.
Q:
Shall company name have to contain words related to the scope of business?
A:
No. The Hong Kong Companies Ordinance does not require that the name of company has to relate to its scope of business. Moreover, the scope of business of Hong Kong Company is not restricted.
Q:
Can incorporated company change its name?
A:
Yes.
Q:
What are the differences between naming Hong Kong Company and Mainland Company?
A:
Hong Kong Company can be named freely, and on the premise that no exact company name has been registered, some words which are difficult to be registered in Mainland can be registered in Hong Kong. Whatever the amount of the registered capital, companies are permitted by the Hong Kong Government to contain words “International”, “Group”, “Holdings”, “Industrial”, “Investment” and etc. in their name. In addition, preferred name of countries or places, such as France, USA, Italy, Japan, Hong Kong and Shanghai, etc., could be added in front of company name.

FAQs of Registered Capital of Hong Kong Company Limited

Q:
What is the difference and relation between registered capital and issue of shares?
A:
Registered capital shall be registered with Government first while issue of shares shall be made after capital is registered, so the amount of issue of shares shall not exceed that of the registered capital. Shareholders shall fully pay the issue of shares on proportion of shareholding instead of registered capital. The future obligation to be incurred by the company shall be calculated on the basis of issue of shares.

FAQs of Directors and Shareholders of Hong Kong Company Limited

Q:
What are the differences between shareholders and directors?
A:
Shareholders and directors are different in comparison in the following rights and obligations: Shareholders’ rights and obligations are as follows:
  • To take part in meetings of shareholders, and entitled to voting power in proportion of shareholding
  • To understand the operating and financial conditions of the company
  • To elect and to be elected as members of Board of Directors
  • To obtain dividends
  • To pre-empt shares transferred by other shareholders
  • To subscribe in priority the shares newly issued by the company
  • To have distribution from the remaining property after liquidation of the company
  • To consider and pass the annual auditors’ report in meetings of shareholders
  • To employ or dismiss directors in meetings of shareholders and determine directors’ remuneration
Directors’ rights and obligations are as follows:
  • To take charge of ordinary operations and decisions of the company
  • To keep accounting book and business record
  • To take charge of bank account management
  • To secure the loan borrowed with the company’s property
  • To propose profits distribution scheme
  • To propose registered capital increase scheme
  • To convene meetings of shareholders
  • To execute resolutions passed at meetings of shareholders
Q:
Can the shareholder and director be the same person?
A:
Yes. The shareholder and director of the company can be the same person.
Q:
How many shareholders and directors shall a limited company have at the least?
A:
A limited company shall have at least one shareholder and director, which can be the same person.
Q:
Can non-Hong Kong residents become shareholders or directors of Hong Kong Limited Company?
A:
Chinese residents or overseas persons who are 18 years old or above and holding passports or ID cards can become shareholders or directors of Hong Kong limited company.
Q:
Is it necessary for non-Hong Kong residents to hold a passport in order to be the shareholders or directors of limited company?
A:
No. However, shareholders and directors of the company shall hold valid passports or travel permits and ID cards when they want to open a bank account in Hong Kong.
Q:
Can a limited company act as the shareholder or director of another limited company?
A:
Yes.
Q:
Can others access the information of directors and shareholders of a company?
A:
Yes. All information of a limited company registered in Hong Kong, including names, addresses and shareholding percentage of shareholders; and names, ID card numbers or passport numbers and addresses of directors, shall be accessible by the public. If the information of shareholders and directors want to be kept confidentially, Twinsail can provide services of acting as nominee shareholder and nominee director.

FAQs of Company Secretary of Hong Kong Company Limited

Q:
What is Company Secretary?
A:
According to the Hong Kong Companies Ordinance, limited company shall appoint a Company Secretary, whose function is to be in charge of arranging meetings, keeping minutes of meetings, and presenting statutory documents to governmental department in order to ensure the company meets statutory requirements. In addition, Company Secretary shall assist with opening bank account.
Q:
What is the qualification for Company Secretary?
A:
Hong Kong resident who are 18 years old or above, or Limited Company registered in Hong Kong is qualified.
Q:
Can Chinese residents act as Company Secretary?
A:
No. The Company Secretary shall be a Hong Kong resident or a Hong Kong Limited Company.
Q:
What if there is no eligible person to act as statutory secretary of the company?
A:
Another company, such as Certified Public Accountants in Hong Kong, can be employed to provide the service of statutory secretary. Twinsail can also provide relevant service.

FAQs of Registered Office Address

Q:
Does a company need to have an office or address in Hong Kong in order to be registered?
A:
Company to be registered in Hong Kong needs a Hong Kong registered address but no requirement of having its own office. Twinsail can provide company registered address service, so clients will not pay additional expenditure for office renting.
Q:
Must the registered address of the company be in Hong Kong?
A:
Yes. All companies registered in Hong Kong must have a Hong Kong address, because all government letters will be posted to that address.
Q:
What if there is no registered address in Hong Kong?
A:
The company registered address service provided by Twinsail can be used.
Q:
Can the registered address be changed?
A:
A company can change its registered address at any time.

FAQs of Bank Account of Company

Q:
Is there any possibility that Hong Kong Limited Company does not open bank account?
A:
Bank account may not be opened when that is not necessary, but we suggest that all business contacts shall be operated through the bank account of the company.
Q:
How can a registered company open a bank account?
A:
All shareholders and directors must be present for the account opening. However, requirement of the attendance of shareholders varies from one bank to the others. Company shall prepare company registration documents and present to the bank for the procedure of account opening. It may choose to open an account in foreign banks located in Hong Kong or overseas.
Q:
What documents are needed in opening bank account?
A:
Bank will generally ask for the following documents:
  • The original minutes of meetings approving opening of account
  • Certificate of Incorporation (copy certified by accountant)
  • Business Registration Certificate (copy certified by accountant)
  • Notice of appointment of director and secretary (copy certified by accountant)
  • Articles of Association (copy certified by accountant)
  • ID card/passport of each director
  • Proof of personal address of each director
Q:
Is the company bank account operated by shareholders or directors?
A:
The operation of account can be delegated to third party through delegation, in addition to operation by shareholders and directors personally.
Q:
Can directors failing to attend the bank account opening procedure in Hong Kong and process relevant procedure in Mainland?
A:
Directors who desire to open bank account in Hong Kong should come to Hong Kong to process relevant procedures. Directors who are not able to come to Hong Kong can also consider to open offshore account in foreign banks in Mainland.
Q:
Is there any limitation for cash withdrawal from Hong Kong bank?
A:
Capital in Hong Kong is freely circulated without limitation.
Q:
Shall the banks charge handling fee to open bank account in Hong Kong?
A:
Generally, banks do not charge any handling fee, but require a deposit of HKD2,000-3,000 when first opening; overseas company will be charged certain handling fee when opening account.
Q:
When can bank account be operated?
A:
Banks will check the register of the company after the procedure of opening account. Generally the account can be operated 1 month after the opening.
Q:
Can Chinese residents operate the bank account of a Hong Kong company?
A:
Yes. Generally, the banks only require account operator holding valid passport or travel permit and ID card.
Q:
Which cities in Mainland can facilitate opening offshore account? How does the offshore account be operated in foreign country?
A:
Currently, some foreign banks in Beijing, Shanghai, Shenzhen, Guangzhou, Tianjin, Hangzhou, Qingdao, Dalian, Xiamen and other cities can provide service of opening offshore accounts. Clients in foreign country can direct the bank with personal passwords to operate the account by telephone and fax. Most of the banks now developed online banking service for clients to operate their bank account via internet.
Q:
What are the differences between Hong Kong local and Mainland offshore accounts in operation aspect?
A:
Hong Kong local and Mainland offshore accounts are different in the following aspects:
  • The capital in bank account is not restricted to come in or go out of Hong Kong while no cash deposit to offshore account of foreign banks within Mainland China is accepted as such account is under the supervision of Chinese Financial Regulator.
  • The documents for opening account are different. Mainland ID card holder can open offshore account, but only holder of passport or travel permit and ID card can open local account in Hong Kong. Hong Kong local account has complete banking functions, but offshore account is restricted in some functions.
Q:
Can a company open several bank accounts?
A:
In Hong Kong, a bank account is not differentiated by basic account and general account. Enterprise can open several accounts according to its needs, and every account has the same function and position.
Q:
Are there any restrictions for remittance and foreign currency exchange in Hong Kong banks?
A:
Capital is free to come in and go out of Hong Kong, without any restrictions.

FAQs of Operation of Hong Kong Company

Q:
Dose any fee need to be paid to Hong Kong government after the incorporation of a Hong Kong company?
A:
After the incorporation of a Hong Kong company, fee for Business Certificate (HKD2,250) and Annual Return filing (HKD105) need to be paid to the Hong Kong government.
Q:
How the accounting and auditing should be processed annually after the incorporation of a Hong Kong company?
A:
A professional Practicing Accounting firm can be entrusted for the process. Twinsail provides comprehensive accounting and auditing services. The company only needs to provide invoices, bank statements, expense documents, payroll records, etc., in which assist in conducting accounting and auditing work.
Q:
Does Twinsail provide customs declaration and processing bank’s letter of credit service?
A:
Yes. We provide the aforementioned services.
Q:
How would a Hong Kong company operate without office or employee in Hong Kong after its incorporation?
A:
The Business Centre Service of Twinsail is developed for customers with such need.

FAQs of Deregistration of Hong Kong Company

Q:
Can a Hong Kong company be deregistered?
A:
Yes, but it is conditional upon the following:
  • Mutual consent reached by all shareholders;
  • No running or operating any business of the company, or stop operating for more than 3 months before applying for deregistration;
  • No unpaid indebtedness, including government charges and taxes; and
  • Notice of No Objection issued by the Commissioner of Inland Revenue obtained.
Q:
Can a company with unpaid indebtedness apply for deregistration?
A:
A company with unpaid debts can also apply for deregistration, but subject to one of the following conditions:
  • Its parent company, subsidiaries, its directors, shareholders and others consent to pay the debts; and
  • Creditors sign a consent to give up the debts collection.
Q:
What documents are needed for applying for company deregistration?
A:
The following documents are needed to be provided:
  • Certificate of incorporation;
  • Business Registration Certificate;
  • Latest Annual Return; and
  • Latest financial statements.
Q:
How long it will take to apply for Hong Kong Company deregistration?
A:
Generally it takes about 6 months.
Q:
Does the company need to present its financial statements to apply for Hong Kong Company deregistration?
A:
Not necessarily. A Hong Kong Limited Company incorporated for more than 18 months, in case that Inland Revenue Department has already issued the Profits Tax Return, shall complete the Return and submit to the Inland Revenue Department together with a copy of financial statements audited by Certified Public Accountant.
Q:
Does the company need to submit Annual Return during the period of application for Hong Kong Company deregistration?
A:
Yes. The company still needs to submit the Annual Return until the Companies Registry notifies the company of its deregistration.

FAQs of Annual Examination for Hong Kong Company

Q:
What is Annual Examination for Hong Kong company?
A:
The specific work of an Annual Examination for a Hong Kong company includes renewal of the Business Registration Certificate and the delivery of an Annual Return. In Hong Kong, the Business Registration Certificate is only valid for one year and has to be renewed regularly after the anniversary date of incorporation of the company. In addition, the Companies Registry requires a company to deliver an Annual Return after the anniversary date of incorporation of such company, giving an update on the state of affairs of the company during last year, including such information as the number of shareholders of the company, the names of the shareholders and their shareholdings and its operating.
Q:
How would a Hong Kong company conduct the Annual Examination?
A:
Our affiliate company will provide Annual Examination service for Hong Kong and offshore companies. Our existing clients are only required to sign on the acknowledgement and the Annual Return file while a new client has to provide us with the copies of Certificate of Incorporation, Business Registration Certificate and NNC1.
Q:
When would a Hong Kong company conduct its Annual Examination?
A:
Hong Kong government requires a Hong Kong company to renew its Business Registration Certificate and deliver an Annual Return on the anniversary date of the incorporation of the company. The company may incur avoidable fines and credit risk caused from any late delivery.
Q:
What if a company fails to conduct an Annual Examination?
A:
  • It will be fined. For late renewal of the Business Registration Certificate, the company is subject to an additional fine of HK$300 every year in additional to the payment of all outstanding government fees. For late filing of an Annual Return, the amount of the fees or fine increases as shown below.
    Delivery Date HK$
    Within 42 days after the anniversary of incorporation 105
    More than 42 days after but within 3 months after the anniversary of incorporation 870
    More than 3 months after but within 6 months after the anniversary of incorporation 1,740
    More than 6 months after but within 9 months after the anniversary of incorporation 2,610
    More than 9 months after the anniversary of incorporation 3,480
  • The shareholders and directors of the company are liable to prosecution and, if convicted, pay the default fines. For each default, the maximum amount of the fine is HK$50,000.
Q:
What fees would a company have to pay to the Hong Kong government for an Annual Examination?
A:
For an Annual Examination, a company is subject to a Business Registration Certificate fee of HK$2,250 and an Annual Return fee of HK$105.

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