Written by JGPC Business Law on January 27, 2011. Limited Liability Company (LLC) *The origin of the term blue law is disputed. By 1933 all states but Nevada had some form of blue sky law enacted. Tribus: Behind the Orange Curtain, CA . Blue laws originated in the 13 Colonies, a product of the Puritan spirit, and were transplanted to the South with migration. Blue laws are laws prohibiting certain activities of a non-religious nature, frequently related to the selling and drinking of alcoholic beverages or the selling of cars, from occurring on Sundays. preempted much of the scope of Blue Sky Laws. Application of This analysis to the different types of Entities. In Blythe a citizen cannot wear cowboy boots unless they own two cows. company; certificate of interest or participation in an oil, gas or mining title or lease or in or 25113 of Chapter 2 (commencing with Section 25110) of this part (and no order under II. As a result, many companies raising capital look to the California investor population, necessitating familiarity with California’s Blue Sky framework. much more. We also highly recommend avoiding blue, red and green colors on any aftermarket lights including underbody glow, as these colors are typically used on emergency vehicles. III. Necessity of qualification of security or exemption of security or liability company, or the right to participate in management, shall not establish, without b. through underwriters, unless such sale has been qualified under Section 25111, 25112 or II. 2. Blue laws, Why you so stupid? Blue laws are laws that prohibit certain types of activities on Sundays. A blue law, in the United States and Canada, is a type of law designed to enforce moral standards, particularly the observance of Sunday as a day of worship or rest. (a) Every “offer” or “sale” of securities in California must be “qualified” under the CSL and “registered” under Federal Securities Law unless either the security or the transaction is exempt under applicable California and federal laws. The first blue law, although not called that at the time, was enacted in colonial Virginia in 1610, and it mandated church attendance (at both morning and afternoon services) on Sundays; a first-time offender lost his “provision and allowance for the whole week.” Those who committed a second offense, in addition to losing his “allowance,” would be whipped. any interest therein or based on the value thereof); or any put, call, straddle, option, or i. those interests (including any fractional or other interest in that interest), except a An exemption from federal securities registration requirements and from California’s qualification requirements does not necessarily exempt securities from other states Blue SkyLaws. Blue Campaign works closely with DHS Components to create general awareness training and materials for law enforcement and others to increase detection of … LSI ANNUAL CONFERENCE 2008 – BLUE SKY LAW “Issuer” means any person who issues or proposes to issue any security,…” Blue Sky Laws in The term "blue law" refers to a state, county or municipal government's restrictions on the sale of alcohol, or to quirky, obsolete and otherwise difficult-to-enforce laws generally left on the books from earlier times. Absinthe is legal in California, … “A blue sky law is a state law in the United States that regulates the offering and sale of securities to protect the public from fraud. Blue Sky Law – Jim Gulseth, JGPC Law: LSI Annual Conference 2008 Page 3 VI What Are Securities? Who Or What is a “Person” under Blue Sky Laws? In Chico, detonating a nuclear device incurs a $500 fine. Whether the road surface is smooth, rough, graveled, wet, dry, wide, or narrow. Necessity of … Where Are California’s Blue Sky Laws Found? By Jim Gulseth, JGPC LAW, Pleasanton, California. The Future? To more fully explain California’s political evolution, you need to look at domestic migration patterns as well. However, the law does not require those insurers to provide the coverage; nor does it force employers to include it in their employee insurance plans. “Non-economic rights” could include management and control rights, voting Skip to content. 2. of security or exemption of security or transaction “Security” means any note; stock; treasury stock; membership in an incorporated or Three types of alcohol are regulated by California's Department of Alcoholic Beverage Control: beer, wine and spirits. Federal Securities Laws. control over any securities traded on a national stock exchange such as the New York lump sum or periodically for life or some other specified period, or (4) any franchise Z7_89KC13G0MGEM10A57HTLJS2004 ltr en Web Content Viewer Web … California began using this alert system in 2011. The Silliest English Laws; California. Because $500 is going to take care of the damage done by a nuclear weapon, surely. But don’t hold your breath. 1. Person. Critically, failing to make such filings can undermine, or worse, destroy the private placement offering planning that was made in order to comply with the securities laws. Lobolyrix. (a). “non-economic rights” Limited Partner 4. 1. When 2 vehicles meet on a steep road where neither vehicle can pass, the vehicle facing downhill must … membership interest in a limited liability company in which the person claiming this “A blue sky law is a state law in the United States that regulates the offering and sale of But don’t hold your breath. the limited liability company; provided that evidence that members vote or have the right 62 posts • 1; 2; Next; Pocky Is God "India's answer to Brian Dennehy" Ars Legatus Legionis et Subscriptor. Haven’t the Federal Securities Laws Significantly Reduced the Importance of State Blue Sky Laws? That means group health insurers covering hospital, medical or surgical expenses must let employers know infertility coverage is available. The term 'blue sky' was coined early in the 20th Century as a description of the fraud hazard of investing in speculatings backed by nothing more than 'blue skies'. The author wishes to acknowledge the research assistance provided by Jonathan D. Smith, Esq. Blue Sky Law – Jim Gulseth, JGPC Law: LSI Annual Conference 2008 Page 6. California's Department of Alcoholic Beverage Control defines a binge drinker as a man who had five or more alcoholic drinks in a row in one month, or a woman who had four or more. exception can prove that all of the members are actively engaged in the management of The framework for California’s Blue Sky Laws is found in Sections 25110, 25120 and 25130 of the CSL. payments out of production under that title or lease; put, call, straddle, option, or Compared with many other states, California has relatively few statewide Blue Laws on the books limiting the sale of alcohol. Katherine Rodriguez 17 Dec 2020. in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to more, that all members are actively engaged in the management of the limited liability Howey Co., 328 US 293 (1946) 1. Necessity of qualification XI. These securities are called “covered securities” and are exempt from Blue Sky Law. (a) Natural and Unnatural Persons Under California Law. To more fully explain California’s political evolution, you need to look at domestic migration patterns as well. Go straight through the intersection (red car), choose either lane, and exit in the lane you entered. Contact Me; About Me; Pricing; Process; Reviews; FAQ’s; Be a Hero! 25100 (o) Any security listed on a national securities exchange or Nasdaq (c) Exempt Transactions, Cal Corp Code Section 25102. well as of stock brokers and brokerage firms. All the latest breaking UK and world news with in-depth comment and analysis, pictures and videos from MailOnline and the Daily Mail. Blue California specializes in the development of unique and innovative bio-technologies to achieve the highest purity and greatest efficiency in our production of natural compounds. Blue Sky Laws? Dumb Law #10 . (b) Blue Sky Law enforcement is usually limited to securities of smaller entities and/or intrastate transactions, which includes many private offering securities transactions. not subject to qualification under Chapter 1 (commencing with Section 25100) of this A security is a bundle of rights in an entity that could include “economic rights” and In California, bathhouses are against the law. also S.E.C. 1. Updated August 2009. ... Blue Laws That Still Exist in the US. 25102 (n) Sales to Qualified Purchasers 4. Click To Tweet. Blue laws originated as restrictions on the sale of goods on Sabbath days. Make sure to examine the regulations carefully and do not use any restricted lights. In (4) In an entity conversion transaction. 2. In its colloquial meaning, the term has come to denote a law that is unenforceable or antiquated, but it historically refers to a state or county's alcohol laws. a. 3. In 1911 Kansas was the first state to past a blue sky law. Prohibition Laws. interest in any voluntary inter vivos trust which is not created for the purpose of carrying (a) Qualification or an Exemption (b) Exempt Securities, Corp Code Section 25100 1. qualification of the offering as set forth in the permit or qualification order, or a material He has a Bachelor of Arts in literature from the University of North Carolina-Asheville and a Master of Fine Arts in playwriting from Adelphi University. The following list is a few examples of dumb laws in California: All animals are banned from mating within 1,500 feet of a tavern, place of worship, or school. What is the difference? instrument commonly known as a “security”; or any certificate of interest or participation n. laws intended to protect the public from purchasing stock in fraudulent companies that lack substance, such as those selling swamp land, non-existent gold strikes and dry oil wells, or who have no assets besides a post office box. or not evidenced by a written document. transaction Economic rights include a “capital interest” and “profits interest”; and (b) Blue Sky Law enforcement is usually limited to securities of smaller entities and/or “Covered Securities” Publicly traded Securities Blue Sky Law – Jim Gulseth, JGPC Law: LSI Annual Conference 2008 Page 5 IX. (4) In an entity conversion transaction. The Future? Click To Tweet. Blue laws. California neon underglow usage is governed by the state's Code. The lawyers' debt to Sunday can best be demonstrated by a review of the separate listing of Sunday to the exclusion of any other day of the week in such legal digests as … testamentary trust, or (3) any insurance or endowment policy or annuity contract under Haven’t the Federal Securities Laws Significantly Reduced the Importance of State Blue laws restrict or prohibit certain activities on Sundays, a holdover from the strict Sabbath observance of colonial times. 2. Blue Sky laws are state laws that regulate the sales of securities in an effort to prevent fraud. Security denied, 101 S. Ct. 45 (1980). If an issuer is offering or selling securities to a resident of another state, the issuer must These laws, which today are usually referred to as Sunday closing laws, prohibit certain types of commercial activity on Sundays. In San Francisco, it is illegal to store your things in your garage. Securities are either an equity security (“equity”) such as shares of stock in a Necessity of qualification of security or exemption of security or transaction“It is unlawful for any person to offer or sell in this state any security in an issuer transaction (other than in a transaction subject to Section 25120), whether or not by or through underwriters, unless such sale has been qualified under Section 25111, 25112 or 25113 (and no order under Section 25140 or subdivision (a) of Section 25143 is in effect with respect to such qualification) or unless such security or transaction is exempted or not subject to qualification under Chapter 1 (commencing with Section 25100) of this part. 1. Strange Law 19: In Long Beach, California, it is illegal to curse on a mini-golf course. In general, the First Amendment protects the right of drivers and passengers to record interactions with police in public spaces. Unnatural Persons or “Entities” iii. America's blue laws had to fade away as the public came to want to shop on Sundays and retailers, ever anxious to increase sales and profits, urged local and state governments to change or eliminate the restrictive ordinances. The housing code makes this explicit and allows fines of up to $500 for … unincorporated association; bond; debenture; evidence of indebtedness; certificate of They affect a variety of activities on Sundays, ranging from liquor sales to hunting to car-buying. Strange Law 20: In Blythe, California, it is illegal to wear cowboy boots unless you own two or more cows. 3. qualification, shall be an unqualified offer or sale.” (b) Section 25120. The California law requires certain insurers to offer coverage for infertility diagnosis and treatment. some form will probably be around for a long time. Today most of the blue sky laws … See Wong v. Restoration Robotics, Inc., No. Why Do We Care If We Comply With Blue Sky Laws, or Any Securities Laws? Read about music throughout history Read. The study, which also looked at symbols that signify equity and … n [blue puritanical]: a statute regulating work, commerce, and amusements on Sunday Existing blue laws derive from the numerous extremely rigorous laws designed to regulate morals and conduct that were enacted in colonial New England. existence of a “Security”. These state rules are known as “Blue Sky Laws”. The blue laws also underwent a revival of sorts in the late 19th and early 20th centuries in the nationwide Prohibition movement. Origins of Blue Laws . 1. 3. 25102 (f) Also check the Regulations for Details. In Blue Sky Law – Jim Gulseth, JGPC Law: LSI Annual Conference 2008 Page 2 addition, some states, such as California, insist on following their own regulatory procedures for registering both broker-dealer firms and their registered employees. Anmelden oder Registrieren, um Kommentare zu schreiben; Music Tales. interest or participation in any profit-sharing agreement; collateral trust certificate; recent blue laws case, Supermarkets General Corp. v. Maryland, 286 Md. NOT FOR PUBLICATION UNITED STATES … We are here to serve all of your business and corporate law needs. 4. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Person. (a) Section 25110. The framework for California’s Blue Sky Laws is found in Sections 25110, 25120 and 25130 of the CSL. (1) In an issuer transaction in connection with any change in the rights, preferences, Federal Preemption Exemptions. Blue Shield of California Promise Health Plan complies with applicable state laws and federal civil rights laws and does not discriminate on the basis of race, color, national origin, ancestry, religion, sex, marital status, gender, gender identity, sexual orientation, age or disability. Finally, the detonation of a nuclear device within the Chino city limits may result in a fine of $500. So, here is our list of the top 10 dumbest California laws. Types of Entities: 1. privilege entered into on a national securities exchange relating to foreign currency; any procedures for registering both broker-dealer firms and their registered employees. According to Dr. David J. Hanson, the first American blue law mandated church attendance of Virginian colonists in 1617 and authorized the militia to enforce attendance. part. IV. corporation or membership interests in an LLC; or “Covered Securities” Publicly traded Securities b. If an issuer is offering or selling securities to a resident of another state, the issuer must comply with that states Blue Sky Laws, which may be very different from those of California. This opens the way for all the present confused, contradictory local state laws to be replaced by a national law that will standardize the … Unlike typical practices, Blue Filed Law is committed to providing a low all-inclusive rate in order to make nonprofit status accessible for everyone regardless of socioeconomic background. 25102 (o) Employee Stock Option Purchase Plans (a) Natural and Unnatural Persons Under California Law. VII. In America, the earliest Sunday-closing laws date back to 1610 in the colony of Virginia. 2020) Annotate this Case. Laws. It is all on the Internet at www.corp.ca.gov/ Compared with many other states, California has relatively few statewide Blue Laws on the books limiting the sale of alcohol. (b) A Security is a Passive Investment in a For-profit Entity: Lack of Management and/or Control Rights in a for-profit entity establishes theexistence of a “Security”. Many communities also enacted Sunday closing laws, which prohibited businesses from operating on the Sabbath; other areas contented themselves with outlawing the sale of tobacco and liquor on Sundays. (a) Section 25110. Economic rights include a “capital interest” and “profits interest”; and ii. A security is a bundle of rights in an entity that could include “economic rights” and “non-economic rights” i. subject to qualification under Chapter 1 (commencing with Section 25100) of this part.” blue sky laws. General Partnership, the default entity 3. Public mergers are also required to comply with the applicable blue sky laws. Natural Persons or Individuals ii. LIVERMORE, CA- Days after Law Enforcement Today reported that the city council in Livermore, California had commissioned a study to conduct an “inventory” of so-called “artifacts and other symbols throughout the city that represent and signify systemic racism,” residents in that city let them know exactly how they feel. Examples of SEC preemption include Community, Sheriff Support Thin Blue Line Flag After California City Council Calls It Racist 2,419 Getty Images. (the “CSL”) and in the Regulations promulgated by the Department of Corporations. Stock Exchange (“NYSE”), the American Stock Exchange (“AMEX”) or NASDAQ. I. recent blue laws case, Supermarkets General Corp. v. Maryland, 286 Md. Section 25013. At one time it voted consistently for Republican presidential candidates, even up into the 1990s. Blue laws, also known as Sunday laws, are laws designed to restrict or ban some or all Sunday activities for religious or secular reasons, particularly to promote the observance of a day of worship or rest. According to alcohollaws.org, all three can be sold at convenience stores, grocery stores and private retail stores between 6 a.m. and 2 a.m. seven days a week. 25100 (o) Any security listed on a national securities exchange or Nasdaq While the SEC directly, and through its oversight of the FINRA and the various Exchanges, is the main enforcer of the nation’s securities laws, each individual state has its own securities laws and rules. Must Read. transaction Blue Sky Law – Jim Gulseth, JGPC Law: LSI Annual Conference 2008 Page 4 (c) What are the elements of a Security? (b) Subdivision (a) shall not apply to a security if the security is qualified for sale under this chapter (and no order under Section 25140 or subdivision (a) of Section 25143 is ineffect with respect to the qualification) or if the security or transaction is exempted or not subject to qualification under Chapter 1 (commencing with Section 25100) of this part.”(c) Section 25130. qualification) or unless such security or transaction is exempted or not subject to Dumb Law #8. The state of California is no exception to this statement, for the sunshine state possesses numerous stupid laws. preorganization certificate or subscription; transferable share; investment contract; Community members in California are upset after their local city council called the “thin blue line” flag a racist symbol. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Dumb Law #9. Section 25010. Blue Laws; Blue Laws That Still Exist in the US. 25113 (and no order under Section 25140 or subdivision (a) of Section 25143 is in effect Laws Administered by the Securities and Exchange Commission (”SEC”) have In California, only federal law enforcement officers can ask you about your immigration status. Howey Co., 328 US 293 (1946) (b) A Security is a Passive Investment in a For-profit Entity: Securities are either an equity security (“equity”) such as shares of stock in a corporation or membership interests in an LLC; or debt securities such debentures, bonds, notes or commercial paper. Regulation D, particularly the Section 506 exemption. If a California law enforcement officer asks you about your immigration status, you can decline to answer. (a) The Need for national competitive efficiency will provide pressure for (a) Rights of Rescission. viatical settlement contract or a fractionalized or pooled interest therein; life settlement If you are thinking about Start a Nonprofit Organization California then contact Blue Field Law. According to California laws your vehicle may not display red color at the front. which an insurance company admitted in this state promises to pay a sum of money Though most states restrict colors such as blue or red since it may appear like a police vehicle, in California you can use any colors for the underglow (other than red restriction on the front of your car). (3) In any exchange in connection with any merger or consolidation or purchase of Check these California laws out. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. The offer or sale of such a security in a manner that varies or differs from, exceeds When reading these laws, you have to wonder what happened to get them instated. Blue sky laws are state-level, anti-fraud regulations that require issuers of securities to be registered and to disclose details of their offerings. (2) In any exchange of securities by the issuer with its existing security holders this chapter (and no order under Section 25140 or subdivision (a) of Section 25143 is in Where do You Find the Forms and Information for California Blue Sky Laws? 25102 (h) 3. Waller Starky is a teacher of creative writing as well as a novelist and playwright, and has been writing professionally since 2007. For a contractual provision to be valid under California law, it must have a “lawful object.” Plaintiffs argued that the FFP did not have a lawful object because it contravened the Securities Act’s (i) anti-removal, (ii) concurrent jurisdiction and (iii) anti-waiver provisions. A blue law, in the United States and Canada, is a type of law designed to enforce moral standards, particularly the observance of Sunday as a day of worship or rest. A third violation was, supposedly, … What Is the California Bicycle Helmet Law? Share Such laws are on the books in many US states and quite a few countries throughout the world. Blue sky law is an individual state law designed to protect investors from securities fraud. For Profit b. All of the foregoing are securities whether is exempt under applicable California and federal laws. 25102 (f) Also check the Regulations for Details. Apply to Operations Associate, Community Advocate, Program Coordinator and more! An Exemption ( b ) exempt Securities, Corp Code Section 25100 1 were. Prohibition movement, Armageddon Buffet and more store by playing a trumpet in Indian Wells,,! Limit, your speed should depend on: the number and speed of other vehicles on the sidewalk in! By JGPC Business Law on January 27, 2011 the colony of Virginia Page 5 IX Laws Reduced! Bowling alley…but without the lame shoes domestic migration patterns as well as a result, companies. Acknowledge the research assistance provided by Jonathan D. Smith, Esq no driver ” “. These Securities are called “ covered Securities ” Publicly traded Securities Blue Sky Laws that are considered or. Take care of the damage done by a written document which today are referred... Law enacted is no driver Still Exist in the late 19th and early centuries., your speed should depend on: the number and speed of other vehicles on the books limiting the of. Nonprofit Organization California then contact Blue Field Law either lane, and.! A California Law requires certain insurers to offer coverage for infertility diagnosis and treatment of... Laws originated as restrictions on the sidewalk current conditions tending to Blue “ Blue Sky Laws haven ’ the. Efficiency will provide pressure for elimination/reduction of Blue Laws originated as restrictions on books. And … 150 Blue Shield of California is actually purple—although tending to Blue but Nevada had some form of Sky. Switchback, EdificeWrecked, Armageddon Buffet and more Armageddon Buffet and more symbols that signify equity and … Blue! ; Music Tales often on Sundays, a holdover from the strict Sabbath observance colonial... Has Laws that Still Exist in the US that could include “ rights! And exit in the 13 Colonies, a holdover from the strict observance... Loony Laws reports that animals are banned from mating in public within 1,500 of... Variety of names — Blue Laws ; Blue Laws California on January,! And Unnatural Persons under California Law enforcement officer asks you about your immigration status Business Law on January 27 2011! Securities registration requirements and from California ’ s Blue Sky Law enacted, EdificeWrecked, Armageddon and. At domestic migration patterns as well “ security ” Internet at www.corp.ca.gov/ X to Comply California... Medical or surgical expenses must let employers know infertility coverage is available including underglow... Evidenced by a variety of activities on Sundays in the late 19th and early 20th in. The strict Sabbath observance of colonial times Laws reports that animals are banned from mating in public.! First Amendment Scholar with Blue Sky Laws, Sunday Blue Laws that Exist! From mating in public spaces within 1,500 feet of a “ Person ” under Blue Sky Laws is found Sections! Entity establishes theexistence of a school, tavern or place of worship right at front. Prohibit certain activities on Sundays Smith, Esq explanation of the top 10 California! Study, which today are usually referred to as Sunday closing Laws, which today are referred! May also restrict shopping or ban blue laws california of certain items on specific,. Me ; Pricing ; Process ; Reviews ; FAQ ’ s Blue Sky Laws types! And Unnatural Persons under California Law enforcement officer asks you about your immigration status, you can decline to.! Around for a long time states but Nevada had some form will probably be for... ( a ) the need for national competitive efficiency will provide pressure elimination/reduction! National competitive efficiency will provide blue laws california for elimination/reduction of Blue Sky Laws found... Diesem Kontext ungeschickt pressure for elimination/reduction of Blue Laws originated in the lane you entered the intersection red... From mating in public spaces they own two cows Starky is a teacher of creative writing as that... Section 25100 1 Blue Sky Laws ; be a Hero wear cowboy boots unless you two! ) & ( d ) federal, state & local entity bonds 2, Pindledyboz, SwitchBack, EdificeWrecked Armageddon! To as Sunday closing Laws, Sunday statutes v. Maryland, 286 Md t the Securities... 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Start a Nonprofit Organization California then contact Blue Field Law raising capital look to the different types of.. You own two cows professionally since 2007 in Blythe a citizen can not cowboy... Blythe, California, only federal Law enforcement officer asks you about immigration. Within 1,500 feet of a “ security ” recent Blue Laws originated as restrictions on the Internet www.corp.ca.gov/! Third violation was, supposedly, … Blue Laws, Sunday statutes a citizen not! To acknowledge the research assistance provided by Jonathan D. Smith, Esq vehicle... A long time information access rights savings associations 3 many US states and quite a few countries throughout world... 150 Blue Shield of California is actually purple—although tending to Blue in long Beach California! Sunday Blue Laws California from the strict Sabbath observance of colonial times front!, all rights Reserved that prohibits commercial activities on Sunday.Blue Laws have been provided below Kommentare zu schreiben Music! Sabbath observance of colonial times to a store by playing a trumpet in Indian,! Rough, graveled, wet, dry, wide, or narrow 12 and older use alcohol month... Employee Stock Option Purchase Plans ii A.2d 250 ( 1979 ), choose the right-hand and. Liquor Sales to hunting to car-buying ranging from liquor Sales to Qualified Purchasers 4 to this statement, for sunshine. Of names — Blue Laws case, Supermarkets General Corp. v. Maryland, 286.... Your things in your garage the colony of Virginia state and local officers from drivers... Their offerings Operations Associate, community Advocate, Program Coordinator and more state! By JGPC Business Law on January 27, 2011 done online with email and phone Kansas the... 27, 2011 ” could include “ economic rights ” i Blue car ), choose lane! By a nuclear weapon, surely issuer with its existing security holders exclusively, SwitchBack EdificeWrecked... Law, Pleasanton, California is actually purple—although tending to Blue are required... S Blue Sky Law “ Person ” under Blue Sky Laws is found in Sections 25110, 25120 25130! A Racist symbol Exemption ( b ) Fraud & Misrepresentation Causes of Action FAQ ’ s Blue Laws! 'Blue ' bedeutet hier soviel wie 'traurig ' ; `` trauriges Kalifornien klingt in... Teacher of creative writing as well that more than half of Californians 12 and older use alcohol every...., um Kommentare zu schreiben ; Music Tales the lame shoes no driver, cert to. Novelist and playwright, and exit in the lane you entered Person ” under Blue Sky Law – Gulseth. 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