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Law Commission cryptoassets

The Law Commission's work has now begun anew, with a broadened remit to consider cryptoassets and other digital assets, with the intention of building upon the conclusions in the Taskforce's Legal Statement and to make proposals for legal change where required It has now published a call for evidence on the way in which digital assets are being used, treated and dealt with by market participants together with views on the consequences of digital assets being possessable in law. The Law Commission will next make recommendations to resolve problems caused by the law's approach to possession of crypto/intangible assets issues and smart contracts in order to ensure certainty of their legal status The Law Commission has also launched a call for evidence on cryptoassets and other digital assets. The call for evidence seeks information from stakeholders and market participants on how such..

Without reform, the law will continue to lag behind technology, hindering the adoption of electronic trade documents and the significant associated benefits from being achieved. The work described.. MiCA: EU Commission Publishes Comprehensive Cryptoasset Market Regulation Proposal By Latham & Watkins LLP on October 6, 2020 Posted in Cryptoassets. The proposed regulation will provide greater consumer and investor protection and lessen the risks of participating in digital finance Law on cryptoassets and smart contracts clarified. Smart contracts can be legally binding, and cryptoassets should be treated as property, in principle, according to a new statement prepared by a team of UK experts spanning the government, regulators, industry and judiciary. The LawTech Delivery Panel's UK Jurisdiction Taskforce (UKJT) published.

In short, its Legal Statement concludes that cryptoassets are capable of being a form of property in law, and smart contracts can (depending on the facts) meet the requirements for valid formation of a binding and enforceable contract between the parties. Our review of the more detailed findings of the Legal Statement is set out below cryptoassets fall within the scope of E.U. legislation, effectively applying it to these assets is not always straightforward.4 At the same time, the EBA and ESMA have pointed out that most cryptoassets are outside the scope of E.U. legislation and hence are not subject to provisions on consumer and investor protection and market integrity The Law Commission has launched new projects to ensure that English law can accommodate smart contracts and digital assets. It will look for any gaps in the law that could hinder growth in the use of smart contracts, while ensuring that the law is capable of accommodating digital assets, such as electronic documents and cryptoassets The Law Commission was asked by the Lord Chancellor to include work on smart contracts as part of its 13th Programme, agreed in December 2017. However, this was paused because, in the same period, the LawTech Delivery Panel was created, and its UK Jurisdiction Taskforce undertook to prepare a Legal Statement on the status of cryptoassets and smart contracts under English law

The Law Commission's review of the law on digital assets

  1. Cryptoassets are, in principle, to be treated as property under English law. They are not disqualified from being property by their distinctive features (intangibility, cryptographic authentication, use of a distributed transaction ledger, decentralisation, rule by consensus), nor by the fact that they are pure information
  2. 17. Cryptoassets cannot be physically possessed: they are purely virtual. Accordingly, as a matter of law they cannot be the object of a bailment, and only some types of security can be granted over them, though we see no obstacle to the granting of other types of security. They are not documents of title, documentary intangibles or negotiabl
  3. Australian taxation law is also applicable to investing or dealing in cryptoassets, with capital gains or losses subject to the capital gains tax system. The Australian Treasury recently sought public feedback on the regulatory treatment of initial coin offerings in Australia, including with respect to financial regulation, consumer protection, and taxation

How should the law treat cryptoassets and other digital

Proposals to allow electronic documents - Law Commissio

  1. The Law Commission has issued a call for evidence on digital assets.It says that digital assets are increasingly important in modern society. They are used for an expanding variety of purposes, including as means of payment for goods and services or to represent other things or rights, and in growing volumes
  2. EU law to crypto-assets, and as outlined in the EA's March 2018 FinTech Roadmap,2 the EBA has carried out an additional analysis, the findings of which are set out in this report. Crypto-asset-related activity in the EU is regarded to be relatively limited and, at this time, suc
  3. As part of this role, the UK Jurisdiction Taskforce of the LawtechUK Panel has published a legal statement on the status of cryptoassets and smart contracts under English and Welsh law
  4. In Hong Kong, cryptoassets have traditionally been regulated by the Securities and Futures Commission (SFC) under the existing securities law framework. Over the years, the SFC has displayed a rather cautious stance towards cryptoassets, and adopted a piecemeal approach to dealing with the regulatory issue
  5. Have your say - European Commission
  6. The Law Commission has been asked by Government to make recommendations for reform to ensure that the law is capable of accommodating both cryptoassets and other digital assets in a way which allows the possibilities of this technology to flourish

Response to European Commission Consultation: Framework for Markets in Cryptoassets: Part I comprises comments on the classification of cryptoassets. 1164902. The FMLC and The Financial Markets Law Committee are terms used to describe a committee appointed by Financial Markets Law Committee,. The following report covers 46 jurisdictions, including the European Union (EU), and focuses primarily on regulatory approaches to cryptoassets created through blockchain, or distributed ledger technology (DLT), in the context of financial market and investor protection laws. It also contains updated information regarding the application of tax. The next step is for the Law Commission to consider whether any legislation might be desirable in this area. The conclusions of the Legal Statement on cryptoassets. The statement concludes that cryptoassets are, as a matter of English legal principle, to be treated as property. There are two primary reasons for this III. Treatment of Cryptoassets Not Considered Securities. The Philippine Securities and Exchange Commission is developing rules pertaining to the registration of initial coin offerings, which will include pertinent rules on the topic of the regulation of cryptocurrencies as financial securities. Back to Top. IV

The Appropriations Law for 2019 amended the French Tax Code to clarify how cryptoassets are taxed. [24] Under these new provisions, the gains from the sale of cryptoassets are subject to an income tax of 12.8% and social contributions of 17.2%. [25] This aligns cryptoassets with the taxation of income from stocks and other non-real estate. Digitalisation and technology is significantly transforming the European financial system and the way it provides financial services to Europe's businesses and citizens. Almost two years after the Commission adopted the Fintech Action Plan in 2018, the actions set out in it have largely been implemented. In order to promote digital finance in.

i) The Commission carried out a dedicated open public consultation (19 December 2019 - 19 March 2020) 24 ii) The Commission consulted the public on an inception impact assessment (19 December 2019 - 16 January 2020) 25 iii) The Commission services consulted Member State experts in the Expert Group on Banking, Payments and Insurance (EGBPI) on two occasions (18 May 2020 and 16 July 2020) 26 cryptoassets used for investment purposes and the use of DLT in financial services. 1.3. The FMLC has commented in the past on the characterisation of cryptoassets and on the E.U. proposals to regulate cryptoassets.3 The Committee appreciates this opportunity to draw attention to issues of legal uncertainty arising in the context of th

Adapting English law for the digital - Law Commissio

Nicholas Green, Chair of the Law Commission, has been an observer on the Taskforce, and so has been able to observe the development of the whole process. 11. Let me turn now to cover some of the contents of the statement itself. The conclusions of the Legal Statement on cryptoassets 12. Cryptoassets, as I have said, come in all shapes and sizes The Law Commission have now published a formal call for evidence on smart contracts. The call for evidence is the first step in the smart contracts scoping study. Its primary function is to seek views about, and evidence of, the ways in which smart contracts are being used, and the extent to which the existing law can accommodate them The basis of the statement is to create certainty in the legal status of cryptoassets and smart contracts under English law, with a view to supporting market confidence and legal certainty. The. The purpose of this section is for the Commission to determine whether it is necessary to establish a regulatory framework for cryptoassets that are currently unregulated under EU law; an Cryptoassets as property. Legislative confirmation of the legal status of cryptoassets and smart contracts, which is to be considered by the UK Law Commission

Cryptoassets are defined by the Commission as digital representations of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar. Earlier this week the European Commission published its much anticipated legislative package for cryptoassets in the E.U. This includes the Regulation on Markets in Crypto Assets and a Pilot.

The Law Commission has announced a consultation on proposals to allow for the legal recognition of electronic versions of documents such as bills of lading and bills of exchange

Electronic trade documents Law Commissio

UK Law Commission Call for evidence: Digital Assets. This Call for evidence is intended to assist the UK Law Commission's work in reviewing the law to consider reform to ensure that the law can accommodate digital assets, including cryptoassets. Submissions are due by 30 July 2021. Please express interest in joining the DLA submission team On 4 September 2019, the Law Commission of England and Wales issued its final Report on the electronic execution of documents (i.e. e-signatures) and the uncertainties in the law in relation to this. The Report follows the Consultation which concluded on 23 November 2018 (see our previous post here).Broadly, the Report (i) confirms its view on the validity of e-signatures but recommends that.

The Law Commission has launched a call for evidence with the aim of ensuring that the technology of smart contracts can thrive in England and Wales. The call for evidence forms part of its projects on smart contracts and cryptoassets.. In summary, a smart contract is a legally binding contract in which some or all of the contractual obligations are recorded in or performed automatically by a. Commission on how to best deal with cryptoassets. While the EBA's advice focuses on anti-money laundering practices and looks at cryptoassets with a focus on monetary regulations, ESMA looks at cryptoassets through the lens of regulations governing financial instruments. The UK has always been at the heart of both financial an In an article recently published in Juriste Magazine, Partner Marc Jones takes stock of how English law is dealing with cryptoassets, what we've learned so far and what problems remain.. Bitcoin was born in January 2009. To say it arrived largely unnoticed by most of the world would be an understatement

MiCA: EU Commission Publishes Comprehensive Cryptoasset

  1. LAW & MARKETS IN CRYPTOASSETS. Register now. Agenda. Speakers. shows applied specific criteria to solve major public- and private-law challenges posed by tokenization The Token World Conference is directed and coordinated by Alastria Research & Technology Transfer Commission & Legal Committee and the Fintech Law.
  2. A consultation on the government's approach to cryptoasset regulation, with a focus on stablecoins; and call for evidence on investment and wholesale uses
  3. Following the publication of the UKJT's Legal Statement on cryptoassets and smart contracts in November 2019, the Government asked the Law Commission to undertake a scoping study into the law on smart contracts
  4. Cryptoassets. ECON recommends that the Commission put forward a legislative proposal for cryptoassets, to provide legal certainty for the treatment of cryptoassets while ensuring consumer and investor protection. It also suggests that the Commission develop a taxonomy concerning cryptoassets, starting with a common definition
Law Commission - The Library of Parliament

The regulator also referenced the European Commission's proposal for a regulated cryptoassets market, published in September 2020 and known as the Markets in Crypto Assets (MiCA) framework. However, investors do not currently benefit from any of the safeguards foreseen in that proposal because it is not yet EU law stated Esma The Law Commission has issued a Call for Evidence on digital assets following a request from the government for recommendations for reforms to U.K. laws that will ensure that the laws can accommodate both cryptoassets and other digital assets. The Call for Evidence will be followed by a consultation at the end of 2021 with proposals for law.

Law Commission hits pause on smart contracts project, making way for LawTech Delivery Panel. Written on 1 Apr 2019. Headlines / Blockchain / Law Commission hits pause on smart contracts The Law Society's LawTech Delivery Panel will be taking the lead role in investigating the role and regulation of smart contracts under English Law The Law Commission also intends to publish a consultation paper in the first half of 2021 on its digital assets review. If you would like to contact the Law Commission or be added to their stakeholder lists, you can contact them at the respective project's email addresses: contracts@lawcommission.gov.uk. digitalassets@lawcommission.gov.uk The EU executive will present a draft law to clarify how existing rules apply to crypto assets and set out new rules where there are gaps, the documents said. By 2024, the EU should put in. Crypto-assets need common EU-wide approach to ensure investor protection. 09 January 2019. Innovation and Products. The European Securities and Markets Authority (ESMA) today publishes its Advice to the European Union (EU) Institutions - Commission, Council and Parliament - on initial coin offerings and crypto-assets. The Advice clarifies. In November 2019, the UK Jurisdiction Taskforce (the UKJT) of the LawTech Delivery Panel of the Law Society issued a legal statement (the Legal Statement) on the status of cryptoassets and smart contracts under English and Welsh private law (English Law).The aim of the Legal Statement, rather than advising on how the law should be built, is to provide the best possible.

On 24 September 2020, the European Commission published its proposed regulation on markets in crypto assets (MiCA), which forms part of a wider set of publications on Europe's digital finance strategy. This article sets out the 10 key things you need to know about the MiCA proposals To consider some of these issues, on 19 December, the European Commission published a consultation on the suitability of the existing regulatory framework for cryptoassets. The consultation makes clear that it wants to consider the variety of different actors, including wallet providers, exchanges and trading platforms that play a particular role in the ecosystem

Law on cryptoassets and smart contracts clarifie

  1. The LawtechUK Panel is a unique group of leaders and experts from the public and private sectors, collaborating to accelerate the digital transformation of the legal sector for the benefit of society and the economy, and to ensure the UK's continuing leadership in legal and court services
  2. Cryptoassets that have the characteristics of specified investments as set out in the Financial Services and Markets Act 2000 (FSMA) Regulated Activities Order 2001 (RAO) Law Commission Publishes Call For Evidence On Protecting Digital Assets Wiggin
  3. 9 [add reference] President Ursula von der Leyen, Political Guidelines for the next European Commission, 2019-2024. 10. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Region, Shaping Europe's Digital Future, COM(2020) 67 final. 1
  4. Cryptoassets, for example, The Securities and Exchange Commission This post coms to us from Professor Yuliya Guseva at Rutgers Law School. It is based on her recent article, The Leviathan of Securities Regulation in Cryptoasset Markets, available here
  5. A. INTRODUCTION. The enactment of the amending law to the Prevention and Suppression of Money Laundering and Terrorist Financing Law 188(I)/2007 on 18.02.2021 1 (the new AML Law) fully implementing the EU Directive 2018/843 (the 5th AML Directive), constitutes the introduction of cryptoassets in the Cyprus regulatory system.. The new Cyprus AML regulatory framework on cryptoassets.

With the new Law, the service providers of cryptoassets must get registered in the registry to be established and maintained by the Cyprus Securities and Exchange Commission (CySEC) under relevant application to CySEC and provided they meet the criteria to be set by CySEC The Law Society is run by and for our members. We are the voice of solicitors, driving excellence in the profession and safeguarding the rule of law. With the guidance of our specialist committees: we influence the legislative and regulatory environment in the interest of the profession and the public. we keep members up to date with sector.

The Masked AMHP: Law Commission Publishes ConsultationMiCA: the new EU cryptoasset law

Cryptoassets and smart contracts What is their legal

Cryptoassets, including but not restricted to, virtual currencies, can be treated in principle as property; and that; Smart contracts are capable of satisfying the requirements of contracts in English law and are thus enforceable by the courts. Statutory requirements for a signature can be met by techniques such as private key encryption In most PoS cryptoassets, transaction fees are the only reward, whereas in PoW cryptoassets, they constitute an additional financial incentive toward miners to process transactions as a matter of priority when the network is congested . 90 In cryptoassets that issue block rewards, transaction fees tend to constitute a small percentage of the total revenue, but this may not always be the case. Trend 2: cryptoassets; Introducing stablecoins. Our second trend is that payment services regulation is starting to grapple with the wild west of cryptoassets. This trend begins with an emerging class of cryptoassets called stablecoins. Stablecoins are a class of cryptoasset which aim to maintain a stable value The Commission is proposing to regulate entities issuing cryptoassets and those providing services in relation to them, such as custodian wallet providers, or those running cryptoasset exchanges or trading platforms Robert Rhodes QC and Andrew Maguire discuss this topic and the judgment in more detail in US-China Law Review 2020 Vol.17 No. 2 p.39. The article considers: The legal status of cryptoassets in English law. Seeking an injunction in respect of a cryptoasset. How to locate cryptocurrencies

of cryptoassets, the distribution of regulatory competences at the national level and, more importantly, from basic features of national legal systems. Perhaps Europe, which contains a number of legal systems which have been influential elsewhere, can pave the way for a more harmonised international treatment of cryptoassets at law, a The Common Law Framework for Cryptoassets. In May 2019, the UK Jurisdiction Taskforce, which consists of certain members of the judiciary and other legal practitioners, began a consultation process ahead of the preparation of a legal statement on the status of cryptoassets and smart contracts under English private law The Securities and Exchange Commission (SEC) seeks both to protect investors and to promote efficient capital formation, but in the context of cryptoassets these goals sometimes collide. The SEC vigorously reacts to fraudulent offerings of cryptoassets but has had to do so by forcing crypto into an antiquated framework designed with very different interests in mind The new rules for banks and the banking union aim to: ensure financial institutions are better regulated and supervised both in the Eurozone and all over the EU. ensure banks are better capitalised and risks better controlled. protect depositors and retail investors. set up resolution mechanisms for failing banks which will put an end to the.

In April 2019, the Law Library's foreign law specialists completed a new multinational report titled Regulatory Approaches to Cryptoassets. This was our fourth major report on cryptocurrencies and other assets that utilize distributed ledger technology, such as blockchain. We first wrote in 2014 about what forty governments were saying and doing in relation to the emergence of [ On April 14, 2020, the Financial Stability Board (FSB) released a report focused on global stablecoin (GSC) frameworks and related cryptoassets. The report was released as a consultative document in light of the non-binding international regulatory function performed by the FSB, but it is nevertheless an important publication because it inherently reflects views within G20 governments The Law Commission also intends to publish a consultation paper in the first half of 2021 on its digital assets review. If you would like to contact the Law Commission or be added to their stakeholder lists, you can contact them at the respective project's email addresses: contracts@lawcommission.gov.uk. digitalassets@lawcommission.gov.uk ECON recommends that the Commission put forward a legislative proposal for cryptoassets, to provide legal certainty for the treatment of cryptoassets while ensuring consumer and investor protection

The Securities and Exchange Commission (SEC) has not provided a clear rule to digital-asset market participants concerning the nature of cryptoassets, namely, how to determine whether an asset is a security subject to the federal securities laws or something else, like a commodity regulated outside of the purview of the securities statutes The Commission is not expected to come up with a proposal on how to deal with cryptoassets at least until the ESMA concludes its assessment of the national frameworks by the end of this year, an. On 7 January 2021 HM Treasury (HMT) published a consultation and call for evidence on the regulatory approach to cryptoassets and stablecoins. The consultation represents the first stage in HMT's consultative process on the broader regulatory approach to cryptoassets and stablecoins. The consultation closes on 21 March 2021. In this briefing we explore the policy background underlying the.

Elliptic's David Carlisle and Onchain Custodian's El Lee discuss opportunities for the banking and cryptoasset industries to learn from one another in the fight against financial crime. The recent unauthorised leak of over 2,000 suspicious activity reports (SARs) from FinCEN has shed light on how illicit actors target the banking system Audits Involving Cryptoassets Information for Auditors and Audit Committees of cryptography, distributed ledger technology, valuation, and laws and regulations (including with respect to know-your-customer (KYC) and anti- and Exchange Commission (SEC) staff provides information and guidanc In December 2019, the European Commission published a Consultation Document on an E.U. framework for markets in cryptoassets (the Consultation).. The Consultation follows up on Advice published by ESMA in January 2019, stating that while some cryptoassets fall within the scope of E.U. legislation, effectively applying it to these assets is not always straightforward, and on analysis by.

Law Commission targets smart contracts and digital assets

The Law Commission has today published its three final reports on leasehold reform and the future of home ownership. Their recommendations about leasehold enfranchisement and the right to manage are aimed at improving the existing system of leasehold ownership, whilst the third report about commonhold seeks to create a viable alternative to leasehold ownership, with a view to its widespread. Cryptoassets can be treated as tradeable property and smart contracts are enforceable agreements under English law. That's according to the UK Jurisdiction Taskforce of the Lawtech Deliver. Cryptoassets are cryptographically secured digital representations of value or contractual rights that use some type of distributed ledger technology (DLT) and can be transferred, stored or traded electronically. We have created a framework by categorising cryptoassets based on their intrinsic structure, as well as their designed use

Law Commission of India Seeks Public Views on UniformLaw Commission of India Seeks Public Opinion on Uniform

SCL: Law Commission seeks views on smart contracts and

The legal status of cryptocurrency: Drawing on recent decisions and analysis of the position in the 2019 UK Jurisdiction Task Force statement on Cryptoassets and Smart Contracts, the court found there was at least a serious issue to be tried that Bitcoin was property under the common law definition Courts, without law for guidance, setting value of cryptoassets. Judges determining currency values receive little input from policymakers focused on other issues. Inconsistent classifications and. Cryptoassets It is positive that the government intends to consult on cryptoassets to protect consumers and support innovation. In this process it will no doubt t take into account the Lawtech Delivery Panel's authoritative statement that recognises cryptoassets as property under English and Welsh law. About the Law Societ Regulation Of Cryptoassets: Imposing Law On The Wild West. 2018 was a year of international scrutiny for digital currencies. As regulators around the globe wake up to the potential dangers posed by the new technology (now falling under the umbrella term of cryptoassets), pressure has been mounting on the UK government and the Financial.

Law Commission Report No

UK Statement on Legal Status of Cryptoassets and Smart

CP19/3: Guidance on Cryptoassets. This consultation follows the Cryptoasset Taskforce report published in October 2018 that laid out a broad overview of the benefits and risks of cryptoassets and distributed ledger technology (DLT), as well as the UK's policy and regulatory approach. The Taskforce report committed the FCA to consult on. The UK Law Commission is in the process of codifying the use of smart contracts into British law as part of an ongoing effort to update British law and make it relevant to of the challenges of modern technology. This was revealed in the Commission's 52nd annual report covering the period from April 1, 2017 to March 31, 2018

Regulatory Approaches to Cryptoasset

Cryptoassets can generally be divided into three main categories: cryptocurrencies, utility tokens, and security tokens. There are a number of advantages to trading crypto. Not only does the high level of volatility within the crypto market provide plenty of trading opportunities, but you can also trade around the clock, and use leverage to increase your exposure Crypto-Enforcement Around the World. By Douglas S. Eakeley and Yuliya Guseva November 24, 2020. by renholding. The market for cryptoassets is burgeoning, as distributed ledger technology transforms capital and financial markets. With the extraordinary growth in the crypto-markets comes the need for regulation to promote efficiency, capital.

Corporate Criminal Liability Law Commissio

The Law Commission has launched a review of the English legal framework as it applies to smart contracts. The aim is to ensure English law is sufficiently certain and flexible to apply in a global, digital context and to highlight any topics which lack clarity or certainty. The review was announced in the Commission's annual report for 2017/2018 Hester Peirce. Source: a video screenshot, Youtube, Blockland Solutions A senior official from the US Securities and Exchange Commission (SEC) has voiced her opposition to attempts by her fellow regulators to enforce strict regulation on cryptoassets instead of promoting self-regulation. The latest statement by Hester Peirce, one of two Republicans among the five SEC commissioners, [ Last week, Gensler addressed his views on the regulation of cryptoassets in two public appearances. On May 6th, Gensler testified before Congress for the first time as Chairman. Although the subject of the hearing was the recent Gamestop incident, he took several crypto-related questions while testifying before the House Financial Services Committee The pros and cons of trading cryptoassets. Like any investment, crypto has its risks. In fact, because crypto is so volatile these days, one could see the price rise or fall by as much as 20 per cent in a day. This volatility presents numerous opportunities for traders and investors, and eToro offers its users an opportunity to get in on the.

European Commission consults on regulatory - CMS LAW-NO

The UKJT legal statement of November 2019 concerning the propriety status of cryptoassets and smart contracts under English law argues that cryptoassets are to be treated as property for the purposes of English law. Although this statement is not legally binding, its analysis has been endorsed by the English court (see answer to question 1.1) The Law Commission for England and Wales is the statutory body set up under the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reform where it is needed. We are looking to recruit two exceptional lawyers to join the Law Commission's commercial and common law team to help lead our work on smart contracts and digital assets Editorial Note: Forbes Advisor may earn a commission on sales made from partner links on this page, but that doesn't affect our editors' opinions or evaluations. Cryptocurrencies are a digital. A Comparative Analysis of the Regulation of Cryptoassets in EU & EEA countries: -AMAZONPOLLY-ONLYWORDS-START- The Sandbox The Financial Conduct Authority (FCA) has established the following initiatives with the aim of promoting and supporting innovation, while at the same time providing new opportunities for investors willing to participate in the crypto-assets sector: Regulatory Sandbox. Bitcoin Supersplit is a trading app that makes Bitcoin trading accessible to all. You do not need trading expertise to operate our robot. 2. The robot trades automatically, and hence users can go about their daily business as it works for them. 3. Bitcoin Supersplit generates a daily profit of up to 60%

The Role and Contributions of the ILC to the DevelopmentEuropean Parliament Calls for New EU Common Framework for
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