2017-08-22 | A 6303Added
The Central Bank of Argentina issues a consolidated text of regulations governing financial trusts included in the Financial Entities Law, incorporating formal adjustments to facilitate application. The document updates rules on temporary illiquidity assistance, credit portfolio assignments, and minimum provisions for uncollectible risk, requiring financial entities and trustees to adhere to specific subordinate instrument models and reporting obligations. It mandates that trusts using standard provision models do not require prior SEFyC authorization, while non-standard models do, and establishes strict protocols for data submission, debtor classification, and sanction for non-compliance.
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“2017 - YEAR OF RENEWABLE ENERGIES
COMMUNICATION “A” 6303 22/08/2017
TO FINANCIAL ENTITIES,
TO TRUSTEES OF FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES LAW:
Ref.: Circular
RUNOR 1 - 1308
REMON 1 - 931
OPRAC 1 - 906
LISOL 1 - 753
Financial trusts included in the Financial Entities Law. Consolidated Text. ____________________________________________________________ We address you to deliver the consolidated text of the regulations on “Financial trusts included in the Financial Entities Law”, which contains the current provisions of Communications “A” 2703, “A” 3145, “B” 6331 and “B” 6362. Likewise, we inform you that this consolidation includes formal adjustments to facilitate its application. Accordingly, the regulations on “Financial assistance for temporary illiquidity”, “Assignment of credit portfolios” and “Minimum provisions for uncollectible risk” are adapted, and the sheets that, in replacement of those previously provided, should be incorporated into the aforementioned consolidated texts are attached. Finally, it is recalled that on the website of this Institution www.bcra.gob.ar, by accessing “Financial System – LEGAL AND REGULATORY FRAMEWORK – Consolidations and summaries – Consolidated texts of general regulations”, the modifications made with texts highlighted in special characters (strikethrough and bold) will be found. We greet you sincerely. CENTRAL BANK OF THE ARGENTINE REPUBLIC Darío C. Stefanelli Agustín Torcassi Chief Manager of Issuance and Regulatory Applications Deputy General Manager of Regulations
ANNEX
-IndexSection 1. Scope.
Section 2. Establishment of trusts.
2.1. Establishment.
2.2. Authorization.
2.3. Contract requirements.
2.4. Other provision appropriation models.
2.5. Portfolio assignment.
Section 3. Obligations of settlors.
3.1. Information to be provided.
3.2. Other obligations.
Section 4. Obligations of trustees.
Section 5. Provision appropriation model.
5.1. Order of subordination.
5.2. Relationships.
5.3. Provision appropriation.
Section 6. Non-compliance.
Correlation table.
B.C.R.A.
CONSOLIDATED TEXT OF THE REGULATIONS ON
“FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES LAW” Version: 1st COMMUNICATION “A” 6303 Validity:
23/8/2017
Financial trusts included in the Financial Entities Law and subject to the regulations of the Central Bank of the Argentine Republic (BCRA) are those financial trusts among whose fiduciary assets are credits originated by financial entities. According to current legal provisions, financial trusts are those trust contracts in which the trustee is a financial entity or a company specifically authorized by the National Securities Commission (CNV) to act as a financial trustee, and beneficiaries are the holders of the securities guaranteed with the assets transferred. FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES B.C.R.A. FINANCIAL LAW
Section 1. Scope.
Version: 1st COMMUNICATION “A” 6303
Validity:
23/8/2017
2.1. Establishment.
Financial trusts included in the Financial Entities Law shall be established in accordance with the provisions of the Civil and Commercial Code of the Nation.
2.2. Authorization.
The establishment of trusts included in the Financial Entities Law will not require prior authorization from the Superintendence of Financial Entities and Currency (SEFyC) as long as the provision appropriation model contained in Section 5 is applied, in all its terms and without any variation. In these cases, the fiduciary transfer will be considered approved, and what is required in point 3.1 must be sent for the knowledge of the SEFyC –within 5 business days of signing–. When the use of models different from that set out in Section 5 is planned, prior authorization from the SEFyC must be obtained, in accordance with point 2.4.
2.3. Contract requirements.
Entities that transfer the fiduciary ownership of their portfolios –totally or partially– must incorporate the following into the trust contracts they sign:
2.3.1. Clauses by which the trustee assumes the following commitments.
2.3.1.1. Provide the BCRA with the data requested by the Monthly Accounting Information Regime - Debtors of the Financial System regarding the portfolio that constitutes or is incorporated into the fiduciary asset, accepting for these purposes the application of the provisions of point 1.3. “Information reprocessing costs” of Chapter II of Circular RUNOR - 1.
2.3.1.2. Maintain, at all times, at the disposal of the SEFyC the necessary documentation, for the purpose of verifying the degree of compliance with the regulations on “Debtor classification” and “Minimum provisions for uncollectible risk” of the fiduciary portfolio.
2.3.1.3. Provide to the financial entities holding the instruments –participation certificates or debt titles–:
i) The provision percentage applicable to each class of instrument, taking into account the degree of subordination in collection, according to the provision appropriation model set out in Section 5. ii) The residual nominal value of the instruments, calculated from the fiduciary portfolio (net of provisions), weighted by the percentage provided for each instrument in the issuance conditions. FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES B.C.R.A. FINANCIAL LAW
Section 2. Establishment of trusts.
Version: 1st COMMUNICATION “A“ 6303
Validity:
22/8/2017
2.3.1.4. Accept modifications to the provision appropriation model indicated by the SEFyC.
2.3.2. In an annex, the model for appropriating provisions for uncollectible risk among the different instruments.
2.4. Other provision appropriation models.
Any contract and provision appropriation criterion that does not meet the conditions indicated in Section 5 must be submitted before its formalization for prior approval by the SEFyC, along with the information required in Section 3. (with the exception of what is required in point 3.1.5.). FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES B.C.R.A. FINANCIAL LAW
Section 2. Establishment of trusts.
Version: 1st COMMUNICATION “A“ 6303
Validity:
22/8/2017
3.1. Information to be provided.
Financial entity settlors must provide the SEFyC with the following:
3.1.1. The data that allow the identification of the financial trust to which they will transfer the fiduciary ownership of their portfolios –totally or partially–, of the trustee and the beneficiaries, as well as the nature of the assets they plan to fiduciary and their respective classifications.
3.1.2. Copy of the contract and provision appropriation model duly signed.
3.1.3. Copy of the board of directors’ minutes or equivalent administrative body of the financial entities, corresponding to the meeting in which the transfer of the fiduciary ownership of their portfolios was resolved and the updated corporate bylaws.
3.1.4. Copy of the authorization granted by the CNV to act as a financial trustee, in the case that it is not a financial entity authorized by the BCRA.
3.1.5. Copy of the CNV Resolution approving the trust contract.
The required documentation must be accompanied, as appropriate, by certification by the intervening notary, consular legalization, translation by a public translator and intervention of the corresponding Professional Council of Economic Sciences.
3.2. Other obligations.
Financial entity settlors must also comply with the regulations on “Assignment of credit portfolios”. FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES B.C.R.A. FINANCIAL LAW
Section 3. Obligations of settlors.
Version: 1st COMMUNICATION “A“ 6303
Validity:
22/8/2017
Trustees of trusts included in these regulations must:
4.1. Inform the BCRA of the nature of the credits that have been fiduciary to them, indicating the corresponding settlors.
4.2. Continue to supply the BCRA –destined for the “Central of debtors of the financial system”– data on the classification of the transferred debtors.
To this effect, the same classification guidelines as those applied to each credit assigned by the originating or assigning entities will be used, according to whether they correspond to “commercial” or “consumer or housing” portfolio, in accordance with the regulations on “Debtor classification”, with the same frequency and under the other conditions established by the SEFyC information regime. For the purpose of determining the minimum frequency of classification of debtors in the commercial portfolio, the percentages provided in point 6.3. of the regulations on “Debtor classification” must be applied with respect to the assets of the corresponding financial trust.
4.3. Value assets other than credits in accordance with the criteria contained in the accounting regulations for financial entities.
4.4. Provide the BCRA with all the information requested by the SEFyC, to calculate the provisions that financial entities –whether or not they are the originators of the assigned credits– must establish on their holdings of instruments from the aforementioned trusts.
FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES B.C.R.A. FINANCIAL LAW
Section 4. Obligations of trustees.
Version: 1st COMMUNICATION “A“ 6303
Validity:
22/8/2017
5.1. Order of subordination.
A strict order must be respected in the degree of subordination of the instruments, without the addition of additional guarantees or options that could distort or condition said degree of subordination. The model provided for in this section contemplates the subordination of instruments of class “C” with respect to “B” and of these with respect to “A”. The model provided for in this section is valid for a quantity of classes different from the exemplified one as long as a strict order of subordination is respected among them.
5.2. Relationships.
The following relationships will be observed:
M = A + B + C
P ≤ M where:
M: total amount of the fiduciary portfolio.
A: total amount of class “A” instruments.
B: total amount of class “B” instruments.
C: total amount of class “C” instruments.
P: total amount of provisions for uncollectible risk on the fiduciary portfolio, determined in accordance with the regulations on “Minimum provisions for uncollectible risk”. FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES B.C.R.A. FINANCIAL LAW
Section 5. Provision appropriation model.
Version: 1st COMMUNICATION “A“ 6303
Validity:
22/8/2017
5.3. Provision appropriation.
The percentages of provisions for uncollectible risk corresponding to the different classes of instruments will be calculated, which will be reported to the holding financial entities, taking into account the degree of subordination in the collection of each of them, according to the following methodology:
If P ≤ C
PC = P/C%
PB = 0%
PA = 0%
If P > C and P ≤ B + C
PC = 100%
PB = (P - C)/B%
PA = 0%
If P > B + C
PC = 100%
PB = 100%
PA = P - (C + B)/A% where:
PA: percentage to be provided for class A instruments.
PB: percentage to be provided for class B instruments.
PC: percentage to be provided for class C instruments.
FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES B.C.R.A. FINANCIAL LAW
Section 5. Provision appropriation model.
Version: 1st COMMUNICATION “A“ 6303
Validity:
22/8/2017
Trustees of trusts included in the Financial Entities Law who incur in departures from these regulations will be subject to the application of the sanctions provided for in article 41 of said law. FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES B.C.R.A. FINANCIAL LAW
Section 6. Non-compliance.
Version: 1st COMMUNICATION “A“ 6303
Validity:
22/8/2017
B.C.R.A.
ORIGIN OF THE PROVISIONS INCLUDED IN THE CONSOLIDATED TEXT ON “FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES LAW” CONSOLIDATED TEXT ORIGINATING REGULATION OBSERVATIONS
Section Point Para. Com. Annex Ch. Section Point Para.
1° “A” 2664 1. According to Com. “A” 2703 and 3145.
1.
2°
Art. 1690 of the Civil and Commercial Code of the Nation.
2. 2.1. “A” 2664 1. According to Com. “A” 2703
and 3145.
2.2. “A” 2664
“B” 6331
1.
2.
According to Com. “A” 2703 and 3145.
2.3. “B” 6331 1.
2.3.1. “B” 6331 1.
2.3.1.1. “B” 6331 1.1.
2.3.1.2. “A” 2664 4. According to Com. “A” 2703.
“B” 6331 1.2.
2.3.1.3. “B” 6331 1.3. According to Com. “B” 6362.
2.3.1.4. “B” 6331 1.4.
2.3.2. “B” 6331 1. last
2.4. “B” 6331 5.
3. 3.1.1. “A” 2664 2. According to Com. “A” 2703.
last
“B” 6331 3. last According. Com. “B” 6362
3.1.2. “B” 6331 2. According. Com. “B” 6362
3.1.3. “B” 6331 3.1. According. Com. “B” 6362
3.1.4. “B” 6331 3.2. According. Com. “B” 6362
3.1.5. “B” 6331 3.3. According. Com. “B” 6362
3.2. “A” 2703 2.
4. 4.1. “A” 2664 3. According to Com. “A” 2703
and 3145.
4.2. “A” 2664 3 According to Com. “A” 2703
and 3145.
4.3. “A” 3145 1.
4.4. “A” 2664 4. 1° According to Com. “A” 2703
5.
“B” 6331 unique 2. to 4. According. Com. “B” 6362 and Com. “A” 6303.
6. “A” 3145 5.
2.1. Advance in account for temporary illiquidity.
2.1.1. Guarantee.
It will be constituted on the following assets to the satisfaction of the BCRA:
2.1.1.1. Titles with public offer or other assets and/or securities.
2.1.1.2. First-degree mortgages on the entity’s own assets.
2.1.2. When the guarantee consists of Class “A” or “B” debt titles of financial trusts, the following conditions will be observed:
2.1.2.1. Particulars.
i) The trustee of financial trusts applies to the underlying asset the classification and provisioning standards established by the Central Bank and reports the credits to the “Central of debtors of the financial system” administered by this Institution (in accordance with what is established in the regulations on “Financial trusts included in the Financial Entities Law”). ii) The establishment of the trust has a report from the review and control agent designated, when its intervention is provided for in the trust contract. iii) The registration agent is the trustee of the trust or Caja de Valores S.A. iv) The depositary of the debt titles or, if applicable, their provisional certificates representing them is Caja de Valores S.A. v) The quarterly and annual financial statements of the trust have a report from External Auditor. vi) The underlying assets of the financial trust are credits, rights arising from the assignment of cash flows or instruments classified in normal situation on the date they were fiduciary. In addition, financial trusts whose underlying assets are the right to collect the cash flow of rents from financial leasing operations (“leasing”) will be admitted.
2.1.2.2. General.
i) The decreasing order of precedence will be the following:
FINANCIAL ASSISTANCE FOR TEMPORARY ILLIQUIDITY B.C.R.A.
Section 2. Particular characteristics.
Version: 4a. COMMUNICATION “A“ 6303
Validity:
22/8/2017
B.C.R.A.
ORIGIN OF THE PROVISIONS CONTAINED IN THE REGULATIONS ON “FINANCIAL ASSISTANCE FOR TEMPORARY ILLIQUIDITY” CONSOLIDATED TEXT ORIGINATING REGULATION
Section Point Paragraph Com. Annex Point Paragraph
OBSERVATIONS
1° “A” 2673 unique 1.1. 1° According to Com. “A” 5304.
2° “A” 4868 I 4.d. According to Com. “A” 4876.
“A” 4868 II 2.i. According to Com. “A” 5304.
3° “A” 3901 I I. According to Com. “A” 4859 and 4876.
4° “A” 2673 unique 1.2. According to Com. “A” 2925 and 5304.
5° “A” 2673 unique 1.2.2. According to Com. “A” 2925 and 5304.
1.1. “A” 2673 unique 1.1.1.1. According to Com. “A” 3901, 4859 and
4876.
1.2.1. “A” 2673 unique 1.1.1.2. According to Com. “A” 3901 and 4859.
1.2.2. “A” 2673 unique 1.1.1.7. According to Com. “A” 2925 and 5304.
1.2.3. “A” 3901 I III. 2. According to Com. “A” 4876 and 5304.
1.3. “A” 3901 I IV. According to Com. “A” 4859, 4868,
4876 and 5304.
1.4. “A” 4859 unique V.
1.5. “A” 2673 unique 1.1.1.6. According to Com. “A” 2925, 3901,
4859 and 6243.
1.6. “A” 2673 unique 1.1.1.5. According to Com. “A” 2925 and 5304.
1.7. “A” 4868 III According to Com. “A” 4876, 5304,
5516 and 6243.
1.8. 1° “A” 3901 II 1. According to Com. “A” 5304.
1.8.1. “A” 3901 II 1.1.
1.8.2. “A” 3901 II 1.2.
1.8.3. “A” 3901 II 1.3. According to Com. “A” 6275.
1.8.4. 1° “A” 3901 II 1.4. According to Com. “A” 5304.
2° “A” 3901 II 2. According to Com. “A” 5304.
1.8.4.1. “A” 3901 II 2.1.
1.8.4.2. “A” 3901 II 2.2. According to Com. “A” 5304.
1.8.5. “A” 2673 1.2.3. According to Com. “A” 2925 and 5304.
2° “A” 2673 unique 1.2.4. According to Com. “A” 2925.
1.
1.8.
3° “A” 3901 II 3.
2.1.1. “A” 2673 unique 1.1.1.3. According to Com. “A” 2925 and 5304.
2.1.2. 1° “A” 4868 II 1. According to Com. “A” 5304.
i “A” 4868 II 1.a. According to Com. “A” 4876 and “A” 6303. ii “A” 4868 II 1.b. According to Com. “A” 5671. iii “A” 4868 II 1.c. iv “A” 4868 II 1.d. v “A” 4868 II 1.e. 2.1.2.1. vi “A” 4868 II 1.f. According to Com. “A” 4876. i “A” 4868 II 2.a. ii “A” 4868 II 2.b. iii 1° “A” 4868 II 2.c. 1° iii 2° “A” 4868 II 2.c. 2° According to Com. “A” 4876. iv “A” 4868 II 2.d. According to Com. “A” 4876 and 5304. v 1° “A” 4868 II 2.e. 1° 2. 2.1.2.2. v 2° “A” 4868 II 2.e. 2° According to Com. “A” 5304.
1.1. Definition.
Sales or assignments are included, with or without liability for the assigning financial entity, that are made regarding credits granted to third parties, regardless of their instrumentation and reason for their incorporation into the assets of the entities, which are registered in the accounting items “Loans”, “Other credits by financial intermediation”, “Diverse credits” and “Off-balance sheet items” (uncollectible credits transferred from assets).
1.2. Exception.
Debt titles and debentures issued by companies, whose average maturity is one year or more, with public offer authorized in the country or abroad, acquired by entities for resale and with the purpose of pre-financing the issuance, will be excluded from the requirements imposed by these regulations during the placement period, not exceeding 90 calendar days counted from the date of start of the public offer.
1.3. Responsibilities.
Assigning financial entities will be responsible for the validity of the titles or documents they assign (warranty against eviction). They may also be responsible for eventual defaults by debtors in the cancellation of their obligations, except in the cases indicated below. Financial entities that have a rating of 3, 4 or 5, granted by the Superintendence of Financial Entities and Currency, cannot assume responsibility regarding eventual defaults by debtors when it comes to clients who in any of the last six months have been classified in categories 3, 4, 5 or 6 according to the regulations on “Debtor classification” (“with problems” or “medium risk”, “high insolvency risk” or “high risk”, “uncollectible” and “technically uncollectible”).
1.4. Repurchase.
The repurchase of assigned documents with liability will be admitted in cases where the debtor does not comply with their obligation.
1.5. Assignment to financial trusts.
When entities assign credits originated by them to financial trusts, they must comply with the regulations on “Financial trusts included in the Financial Entities Law”. ASSIGNMENT OF CREDIT PORTFOLIOS B.C.R.A.
Section 1. Scope.
Version: 3a. COMMUNICATION “A“ 6303
Validity:
22/8/2017
B.C.R.A.
ORIGIN OF THE PROVISIONS CONTAINED IN THE REGULATIONS ON “ASSIGNMENT OF CREDIT PORTFOLIOS” CONSOLIDATED TEXT ORIGINATING REGULATION
Section Point Paragraph Com. Annex Point Paragraph
OBSERVATIONS
1.1. “A” 3337
1.2. “A” 3337
1.3. 1° “B” 6234 3° According to Com. “A” 3337 and “B” 9074.
2° “A” 3337
1.
1.4. “A” 3337
1.5. “A” 6303
2.1.1. “A” 2156 1° According to Com. “A” 3337.
2.1.2. “A” 2634 a) According to Com. “A” 3337.
2.1.3.1. 1° “A” 2634 d) According to Com. “A” 3337.
2° “A” 3337
1° “A” 2634 d) According to Com. “A” 3274, 3337, 3558 and 4259.
2.1.3.2.
2° “A” 3337
2.1.4. “A” 3337
2.1.5.1. “A” 2156 4. According to Com. “A” 3337.
2.1.5.2. “A” 2703
“B” 6330
3.
2.2. “A” 3337
2.2.1. “A” 3337
2.2.2. 1º “A” 3337
2º “A” 2634
”A” 3145 a) and b) last
According to Com. “A” 3337, 5671, 5740 and 6232.
2.2.2.1. “A” 2634 c.1) According to Com. “A” 3337.
2.2.2.2. “A” 3337
2.2.2.3. “A” 3337
2.2.2.4. “B” 6330 2.2. According to Com. “A” 3337.
2.2.2.5. “A” 3337
3° “A” 2634 c.5) According to Com. “B” 6330, “A” 3337 and 5520.
4° “A” 3337 According to Com. “A” 5671, 5740 and 6232.
2.2.2.
5° “B” 6330 2°
1° “A” 3337
2° “A” 2634
“A” 3145 a) and b) last
According to Com. “A” 3337, 5671, 5740 and 6232. Includes interpretative clarification. 3° “B” 6330 2° 4° “A” 3337 2.2.3. 5° “A” 3337 According to Com. 6232.
2.2. Ante-last and
last
“A” 3337
2.
2.3. “A” 2634 f) According to Com. “A” 3337.
2.1. Basic guidelines.
2.1.1. General criterion.
On the total of client debts, according to the classification that corresponds to assign them, the following minimum provisioning guidelines must be applied:
Category With preferred guarantees Without preferred guarantees
B.C.R.A.
ORIGIN OF THE PROVISIONS CONTAINED IN THE NORMS ON "MINIMUM PROVISIONS FOR UNCOLLECTIBLE RISK" ORGANIZED TEXT ORIGIN NORM
Section Point Para. Com. Annex Point Para.
OBSERVATIONS
1.1. "A" 2216 2. 1°
1.2.1. "A" 2216 2. 1°
1.2.2. "A" 2216 II 2° Includes interpretative clarification.
1.2.3. "A" 2216 II 2°
1.2.4. "A" 2216 II 3° According to Com. "A" 3040 (point 3.) and "B"
9074.
1.2.5. "A" 3040
1.
1.2.6. "A" 3064
2.1.1. 1° and
chart
"A" 2216 II 1° Modified by Com. "A" 2440, 3339 and "B" 9074.
2.1.2.1. "B" 6331 6. According to Com. "A" 6303.
2.1.2.2. "A" 2826 2°
2.1.2.3.
2.1.2.4.
"A" 2932 7°
Includes interpretative clarification.
2.1.2.5. "A" 3314
2.2.1. "A" 2216 II 6° According to Com. "A" 2932 (point 15.).
2.2.2. "A" 2216 II 9° and
last
According to Com. "A" 3040 (point 5.), includes interpretative clarification. According to Com. "A" 3339, 3955 and "B" 9074.
2.2.3.1. "A" 2216 II 8° According to Com. "A" 2442, 3091 and "B" 9074.
2.2.3.2. "A" 3091
2.2.3.3. "A" 3091
2.2.3.4. "A" 2216 II 8° According to Com. "A" 2442 and 3091.
2.2.4. "A" 2440 2. 1° Modified by Coms. "A" 2890 (point
2.), 3157 (point 1.) and 3339.
2.2.5. "A" 3157 2. According to Com. "A" 3918 and 4055.
2.2.6. "A" 4060 6.
2.2.7. "A" 4467
2.2.8. "A" 5398
2.2.9. "A" 6032 2.
2.3. "A" 2216 II 7° According to Com. "A" 4683 (point 5.).
2.4. "A" 2216 II 4° According to Com. "A" 4738.
2.5. 1° "A" 2357 1.
last Incorporates criteria not previously disclosed generally.
2.6. "A" 2287 4. Modified by Com. "A" 2893 (point
2.).
2.6.1. "A" 2287 4. Same as above.
2.6.2. "A" 2287 4. Same as above.
"A" 2607 1.
2.7. "A" 2893 3.
2.
2.8. "A" 2893 3. According to Com. "A" 6167.
1° "A" 2373 8. and 3. Includes interpretative clarification.
2° "A" 2373 8.
3. 3.1.
last "B" 5902 3. Includes interpretative clarification.
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