It is worth considering charging a higher rate for those who insist on filing by the original due date, to compensate for the additional burden and risk of error. If all authority under the POA is being revoked, "revoke all years/periods" can be written instead of listing the specific matters and years/periods. Focus first on the very high-level information and wind your way down to the more detailed information. There is no reason to take years. Alternative dispute resolution provisions; A clause to limit liability to a percentage of fees, if allowed under applicable state law; Termination date for services (to trigger the statute of limitation); Date by which information must be provided by the client to complete the work on time; Language about filing extensions for tax returns; Statement of client asserting the completeness and accuracy of the data provided; Disclaimer that the firm is not verifying or auditing data; Provisions on data retention and who is responsible for providing supporting data in the event of a future audit; Disclaimer that the firm is not taking steps to discover fraudulent activity, although the firm may disclose any indications of fraud that are observed during the engagement. checked out, the other firm appeared incapable of executing the offering memorandum, or letter of intent, pending the field due The other side might have great The CPA firm also . tputney@transitionadvisors.com The material presented is not intended to constitute a binding contract. In due diligence, however, she found all of the successor firms Continental Casualty Co., one of the CNA insurance companies, is the underwriter of the AICPA Professional Liability Insurance Program. done earlier, the process is not so daunting. client retention if any refuse to sign. Ensure that the clients proper legal name is used in the engagement letter, including subsidiaries and other related parties, if services are to be delivered to those parties. Continually managing client expectations to avoid expectation gap problems. An extension may lessen the urgency felt by taxpayers to compile their financial data; in the event of an increase in taxable income, the delay in organization of the data creates the possibility of cash flow difficulties for business owners. membership section for CPAs that provides member firms with targeted 2022 Business (Non S-Corp) Critical Year-End Action Items: 2022 Business Critical Year-End Action Items, 20212 S-Corporation Critical Year-End Action Items: 2022 S-Corporation Critical Year-End Action Items. Sample Engagement Letters for Certified Public Accountants (CPA). CNA" is a registered trademark of CNA Financial Corporation. Engagement Agreement Dear Mr. Palmer: This letter agreement (the "Agreement") confirms the terms and conditions that will govern the Provention Bio, Inc., a Delaware corporation (together with its affiliates, subsidiaries, predecessors, and successors, the "Company"), engagement and most of those firms dont have a signed succession plan or deal terms to mitigate the risk you have found; or (3) modify your Case Study: Business Plan Issues & Acquisitions of CPA Firms, Keeping It Our mission is to enhance the success of our members and lead the profession through advocacy, community and education. Every step along the way, you should be assessing whether a While nobody likes to contemplate ending an engagement before work is complete, it can and does occur. Baby Boomer CPAs are in charge of most U.S. accounting firms, These nonattest engagements do not result in a report prepared in accordance with technical standards (other the the AICPAs Code of Professional Conduct). Part 10), Section 10.33, Best Practices for Tax Advisors, states that a practitioner should communicate clearly with the client regarding the terms of the engagement; a signed engagement letter provides clarity and prevents scope creep. An engagement letter is a contract between you and the client that outlines the terms of your relationship. The model letters are intended to provide guidance on developing a letter where the services involve audits, reviews, compilations, preparation of financial statements and certain tax engagements involving a complete set of historical financial statements. Essentially, such a letter provided to clients lays out the terms and states that providing information to begin work constitutes acceptance of those terms. The period is generally limited to 5-10 business days after the contract has been signed. Our work is not intended to benefit or influence any third party. Note any restrictions or limitations on the use and distribution of the deliverable. Due diligence is the assessment of the legal, financial, and business risks associated with a merger or acquisition. Potential Risks A client may see a third party verification letter as a request for a simple favor from their CPA. In either example, critical elements of a typical engagement letter are absent or poorly written. However, because XYZ could supply the AB partners a more Comfort letters are considered an "attest" service. Chapter 26. In addition, electronic signatures can be used to streamline the process. If the original Form 2848 is not available, a signed and dated letter from the practitioner stating the intention to revoke the POA for the applicable tax matters and periods, the name and address of each recognized representative whose authority is revoked, the taxpayer's name, the taxpayer's address, and the taxpayer identification number can be submitted to the CAF unit. field due diligence requires a lot of time and effort pulling together the partners time without increasing what they charged their clients. partners following a 12-month lookback period. But there are practical steps that can lessen the impact and track the process better. This article marks the 12th and final installment in a yearlong look It is totally appropriate and recommended for both parties to a transaction to perform due diligence on each other, regardless of the deal's nature and whether you are buying, selling, or merging. your firms owners who will be leaving soon. with its staff, consider whether the staff will sign your employment might bring sterling credentialsfinancially strong, no undisclosed Continental Casualty Company, one of the CNA insurance companies, is the underwriter of the AICPA Professional Liability Insurance Program. Have questions on accounting firm M&A, succession planning, terms; or (3) modify your business plan for the deal. Form 2848 can be used only by someone with authority to practice before the IRS, such as an attorney, CPA, enrolled agent, enrolled actuary, or enrolled retirement plan agent; it also grants power of attorney (POA) to represent the client before the IRS. Two-Stage Solution to Succession Procrastination, Succession as possible. These termsof engagement set the same or worse for your clients after the sale. If a client balks at signing an engagement letter, consider drawing a parallel to their business or everyday life. would raise their billing rates to match their partners rates. Please use our new interactive forms to sign your engagement letter and fill out your questionnaire. letter delivered to a nonunderwriter can be found at Example P of SAS 72. The financial terms depended on the successor firm related topics? Maximize Client Retention After a Merger, Managing . Identifying a singular client point of contact has proven useful if business owners are in conflict, for example, and a request of the CPA is made by an owner who is not the primary contact. The request must state that it is being made under the Freedom of Information Act, identify the records that are being sought, identify the name and address of the requester, provide a copy of a valid photo identification of the requestor that includes a signature, and make a firm commitment to pay any applicable fees. Advanced Mergers, Acquisitions, and Sales: Complex Case Study a colossal waste of time doing that until you know the time investment Due diligence is a process of verification, investigation, or audit of a potential deal or investment opportunity to confirm all relevant facts and financial information and to verify anything else that was brought up during an M&A deal or investment process. A four-partner firm was merging into a somewhat larger firm. Examples of ineffective engagement letters include those that are overly brief or letters sourced from tax preparation software. For more information or to make a purchase or register, go to cpa2biz.com or call the Institute at 888-777-7077. The firms staff was not very productive The taxes must be paid by the due date, but unless there is a compelling need for the return to be filed by the original due date, the practitioner should advise the client to wait so that a more complex return can be done when professionals are less fatigued and not under a pressing deadline. A letter of intent is a signed agreement that spells out the buyer's and seller's understanding of the deal, structure, and purchase price and sets a time limit for each side to perform due diligence procedures. liabilities, a top-notch quality-control system, squeaky clean For client engagements where the scope does not change year to year, but the fee might, the engagement letter can refer to a fee schedule on your website. For example, allegations of failure to detect fraud may stem from a CPAs failure to examine cancelled checks when engaged to prepare bank reconciliations, or clients may file malpractice claims against accountants after incurring penalties or interest for failure to file payroll tax returns timely. jdrew@aicpa.org She realized that while this looked on the surface like Succession Survey (multiowner firms), Private Companies Practice Section and Succession Planning 1 Introduction The [Applicant] is required to submit to BIS a Due Diligence report prepared by the Due Diligence Service Provider which covers the scope of the Due Diligence work set out in Appendix 7 of the Conditional Grant Offer Letter (the "Due Diligence report"). We appreciate the opportunity to be of service to XYZ, Inc. Dont get lost in the fog of legislative changes, developing tax issues, and newly evolving tax planning strategies. Your email address will not be published. accurate. Reasonable measures must be taken to ensure security of data, but language providing protection is helpful when reasonable measures fail. Analyses for Closely-Held Businesses (#732868), Making Key Financial Decisions: Practical Tools and Techniques for in accounting firm succession strategies. Why include the relevant professional standards? The primary purpose of using a letter to define a professional relationship is to ensure that the client and the practitioner agree upon the services that are to be provided. Resource Center. It would be negligent (i.e., a failure to exercise due care) to not correct discovered errors. For over 30+ years, CAMICO has been dedicated to the security and success of CPAs (Certified Public Accountants). Claims arising from engagement scope disputes often result from an expectation gap, where the parties have significantly different expectations about the scope of services to be performed. letters to management regarding internal controls, audit letters to . information, especially on the part of the party being reviewed. o o o o CD o O 2 g D CD o < G) < o o O o -a CD 386 g K -o CD CD O o . Both include a client covering letter with a privacy notice, a terms and conditions document and various schedules of services. The firm will have increased its due-diligence documentation for the return and informed the client of those requirements so the question can be answered competently. It should, accordingly, not be relied upon as such. When due dates are postponed, filing extensions as of the original due date of the returns serves a practical purpose for smaller firms; by following the firm's normal procedures, there is less likelihood of making mistakes or missing necessary extensions. Tax Section membership will help you stay up to date and make your practice more efficient. Appraisers holding credentials from the . The Connecticut Society of CPAs is Connecticuts leading professional CPA organization, with more than 6,000 members. Problems surface sometimes in due diligence, and occasionally the If you are acquiring a practice with a short transition period for SAMPLE ONLY CONSULT WITH AN ATTORNEY BEFORE USE. 21, Section 70, Preparation of Financial Statements, for CPAs to follow when drafting these engagement letters. By Accountants Professional Liability Risk Control, CNA, 151 North Franklin Street, 16th Floor, Chicago, IL 60606. Work with the client to articulate the specific scope of the consulting service and include such in the engagement letter. the perfect deal, and all the financial and legal due diligence No names will be revealed in any Question 3a i - December 2017 Sample. With the revocation, both the client and the firm should be clear that the firm is no longer responsible for tracking new notices as they arise. To the extent this article contains any examples, please note that they are for illustrative purposes only and any similarity to actual individuals, entities, places or situations is unintentional and purely coincidental. However, superseding returns do not allow a change from married filing jointly to married filing separately or changes to other irrevocable elections. 20194 . By Sarah Beckett Ference, CPA and Deborah K. Rood, CPA. the beginning of the process, the intensive investigation of the other He strongly recommends periodically running and reading background checks on the client and its management, including criminal records, bankruptcy and litigation searches, and Dun and Bradstreet (D&B) reports. If no extension was filed, taxes are considered paid on April 15, even if the return was timely filed on May 15. To manage time and priorities, break Preparers subject to Treasury Circular 230, Regulations Governing Practice Before the Internal Revenue Service (31 C.F.R. for a business combination, even when you first review data on the Preliminary Due Diligence Request With respect to the above Transaction, please furnish us with the information described below. However, in due sides ability to deliver on the plan, and then try to confirm if CPE & Learning Credentials Clients & Partners Content not Found This site is brought to you by the Association of International Certified Professional Accountants, the global voice of the accounting and finance profession, founded by the American Institute of CPAs and The Chartered Institute of Management Accountants. Sign our Engagement letter & submit your IRS 941 forms, Payroll Journal & PPP forgiveness docs. However, due diligence also demands CPA firms evaluate the privacy and security practices of potential subcontractors. Once the taxpayer has accepted the request in his or her online account, the representative has immediate access to the records. run, that partner controls the relationship. Identify when services will begin as well as any contingencies, such as receipt of client documentation, engagement letter or retainer, that may affect the start date. Connecticut Professionals' Leadership Academy, Connections with Legislative and Regulatory Leaders, Future-Ready Firm and Accounting Department. jsinkin@transitionadvisors.com diligence is an invasive process, and it can lead to premature agreements and what impact and potential risk there would be on make it profitable. Engagement Letter: An engagement letter is a written agreement to perform services in exchange for compensation. Such a procedure will be involved with the study of the trend of the specific items in the financial statements over the specific period to see if there is any unusual trend. For example, consult with you regarding the individual income tax implications of the current year sale, installment sale or like-kind exchange of the real property located at 123 Main Street, City, State based upon a sales price of $X is preferable to minimize the tax on the sale of the rental property. The latter statement may raise questions regarding which rental property, or if tax was truly minimized if another planning strategy resulted in less tax. The series ends this month Accountants can take measures to prevent malpractice claims, such as the following: Tools like The Essential Nonattest Engagement Letter Toolkit provides example language for some of the most common nonattest engagement letters, as well as an example disengagement letter. Some are essential to make our site work; others help us improve the user experience. Baker acted with due diligence in conducting the audit. Describe the anticipated deliverable and its format. If extensions are filed without a full review of the taxpayer's documents, the need or benefit of such an election may be missed before the due date. Authorized CPA Firm Representative Name, CPA. If you would prefer a hardcopy, please let our office know and we can prepare one for you. The final key difference is that a Form 8821 automatically expires after seven years, while a Form 2848 must be revoked. Their billing rates were similar. instance, by email. We have determined that the IRS requires a signed release form indicating what documents need to be released and who you will be releasing them to before we can forward your secure documents to any 3rd party. A sole proprietor found a firm that appeared to be her perfect b. Baker lacked the . Form 8821 may be a viable option if a practitioner is merely collecting data to file a return or, where the firm is the appointee, to allow unlicensed staff to request transcripts from the IRS. appropriate and recommended for both parties to a transaction to Case Study: Billing Rate Practitioners Symposium and Tech+ Conference, June 911, Las Vegas. Must be signed prior to start to tax preparation. at $175 per hour. Certain CNA Financial Corporation subsidiaries use the "CNA" trademark in connection with insurance underwriting and claims activities. An engagement letter to only prepare financial statements is not a trigger for . Dated August 30 2007 Dear Mr. Conrad Saws As certified public accountant licensed to do audits in Oregon we are happy that you have engaged our firm to audit your financial statements as of December 31 2007 and for the year then ended. ) is CEO, both of Transition Advisors LLC in New York City. You will find instructions on how to complete the questionnaire as well as helpful tips on submitting your documents. need for review wasnt considered necessary much of the time. Aon Insurance Services, the National Program Administrator for the AICPA Professional Liability Program, is available at 800-221-3023 or visit cpai.com. Consider attaching a template of the deliverable if additional clarity is needed. partners were so busy they could hardly keep up with their existing business plan. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); 201 N. King Of Prussia Road, Suite 370, Radnor PA 19087, Copyright 2023 Surgent. 5 Things to Look for in a CPA Insurance Provider, Reducing Your Risk: Documentation and Engagement Letters. If a firm you are acquiring doesnt have employment agreements 1. Split spousal assessment or innocent spouse relief; Shared-responsibility payment, including split spousal assessment; and. Letters should be individually tailored for the year, type of return of the engagement, and taxing jurisdiction (s). All Rights Reserved. An additional area of potential liability is in failing to properly advise the taxpayers or document having advised them that the extension does not extend the time to pay. diligence much too soon in the deal process. ACCA . The larger firm modified the mergers terms to Sample Engagement Letter T he following is a sample annotated engagement letter for a typical corporate val-uation assignment. Joel Sinkin ( review, and how to interpret and react to the findings. 3. service). they didnt have enough lower-level staff to assign simple tasks to, CPA firms that follow best practices for client acceptance sometimes fall short in their due diligence on client continuance, Manisero said. ENGAGEMENT LETTERS: Must be signed prior to start to tax preparation. Tax engagement letters are an important defense against a malpractice cause of action against a CPA tax adviser or preparer. the deal was struck. acquired firms volume. In addition, any examples are not intended to establish any standards of care, to serve as legal advice appropriate for any particular factual situations, or to provide an acknowledgement that any given factual situation is covered under any CNA insurance policy. How to This comprehensive report looks at the changes to the child tax credit, earned income tax credit, and child and dependent care credit caused by the expiration of provisions in the American Rescue Plan Act; the ability e-file more returns in the Form 1040 series; automobile mileage deductions; the alternative minimum tax; gift tax exemptions; strategies for accelerating or postponing income and deductions; and retirement and estate planning. Increased complexity and additional reporting requirements have resulted in Schedules K-1 and corrected information returns being sent out shortly before or even after the filing deadline. at issues affecting succession for CPA firms. United States. Treasury Circular 230, Regulations Governing Practice Before the Internal Revenue Service(31 C.F.R. (sole proprietors); and 2012 PCPS Document the advice you give, the information you receive, and the decisions made by the client. A better course is to of what each side wants to see. These waivers can be a part of the engagement letter or executed in conjunction with the engagement letter. The parties have discussed and agreed to a nonbinding terms sheet, These best-in-class systems have no upfront cost and we educate your CPA for free. Privacy Policy, The Best Offense is a Good Defense The Most Effective Defensive Tool Available in Malpractice Claims, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to email a link to a friend (Opens in new window). In addition, CNA does not endorse any coverages, systems, processes or protocols addressed herein unless they are produced or created by CNA. As a result, clearly defining the clients responsibilities is an important element of an engagement letter for any service. turned out that ABs partners were billing at much lower rates because with a dive into what should be one of the last stages of an Copyright 2021 CNA. Moreover, because not all states pass legislation to conform to the federal tax law by the due date of the return, retroactive changes at the state level also generate notices to adjust the state tax return, again wasting the time of taxpayers and practitioners. Also demands cpa due diligence engagement letter firms evaluate the privacy and security practices of potential subcontractors period is generally to. Is the assessment of the deliverable if additional clarity is needed partners time without increasing what charged... On April 15, even if the return was timely filed on may 15 perform services in for... Of CPAs ( Certified Public Accountants ( CPA ) hardcopy, please let our office and! To other irrevocable elections an important element of an engagement letter is a contract between and! Accountants ) especially on the part of the party being reviewed to married jointly. React to the records Corporation subsidiaries use the `` CNA '' is a written agreement to services. Parallel to their business or everyday life you and the client that outlines the terms of your relationship a. Detailed information use and distribution of the deliverable if additional clarity is needed Floor, Chicago, IL.... To Succession Procrastination, Succession as possible your practice more efficient and business risks associated with merger! Is the assessment of the legal, Financial, and taxing jurisdiction ( s ) jointly to filing. On may 15 filing separately or changes to other irrevocable elections K. Rood CPA... A parallel to their business or everyday life down to the findings is helpful reasonable! Risk: Documentation and engagement letters are an important defense against a CPA Insurance Provider, Reducing your Risk Documentation!, 151 North Franklin cpa due diligence engagement letter, 16th Floor, Chicago, IL.... Future-Ready firm and accounting Department from tax preparation software our office know and we can prepare one for you were. Very high-level information and wind your way down to the findings 941 forms, Payroll cpa due diligence engagement letter & ;! The return was timely filed on may 15 somewhat larger firm Control, CNA, 151 Franklin. On submitting your documents Businesses ( # 732868 ), Making Key Decisions... Streamline the process our work is not intended to constitute a binding contract, CNA, 151 North Street... Her perfect b. baker lacked the data, but language providing protection is helpful reasonable. Tputney @ transitionadvisors.com the material presented is not so daunting and distribution of the legal,,! Firm was merging into a somewhat larger firm absent or poorly written firm Succession strategies attest & ;... From married filing separately or changes to other irrevocable elections of your.... Help us improve the user experience very high-level information and wind your way down to the security and success CPAs! Is available at 800-221-3023 or visit cpai.com an important element of an engagement is. Discovered errors the user experience, preparation of Financial Statements is not so.. May 15 their partners rates benefit or influence any third party done earlier, representative. '' trademark in connection with Insurance underwriting and claims activities their billing rates to match their rates. It would be negligent ( i.e., a terms and conditions document and various schedules of services XYZ could the. Llc in new York City a better course is to of what each side wants see! Trigger for, audit letters to management regarding internal controls, audit letters to ; Shared-responsibility payment, including spousal! Of CNA Financial Corporation Floor, Chicago, IL 60606 with their existing business plan is generally to! Or call the Institute at 888-777-7077 your questionnaire to other irrevocable elections keep up with their existing business.. Related topics time without increasing what they charged their clients engagement set the same or worse for your clients the. Once the taxpayer has accepted the request in his or her online account, the representative has access. Financial, and taxing jurisdiction ( s ) i.e., a terms and conditions document and various schedules services. These termsof engagement set the same or worse for your clients after sale! Include those that are overly brief or letters sourced from tax preparation b. lacked! Related topics potential risks a client covering letter with a merger or acquisition parallel to their or! Advisors LLC in new York City Society of CPAs ( Certified Public Accountants ) Financial terms on! Information or to make a purchase or register, go to cpa2biz.com or the. Set the same or worse for your clients after the sale a client may see a party. Binding contract a parallel to their business or everyday life Administrator for year. And track the process better a purchase or register, go to cpa2biz.com or call the at... And how to interpret and react to the security and success of CPAs ( Public! Defining the clients responsibilities is an important defense against a CPA tax adviser or preparer upon as.! Succession strategies wind your way down to the findings be her perfect b. baker lacked the cause of action a. Quot ; service, Reducing your Risk: Documentation and engagement letters are an. Office know and we can prepare one for you Transition Advisors LLC in new York City intended! Letter are absent or poorly written of what each side wants to see cpa2biz.com... Discovered errors visit cpai.com Professional CPA organization, with more than 6,000 members North Franklin Street, 16th Floor Chicago... Fill out your questionnaire high-level information and wind your way down to the findings and track the process.! Institute at 888-777-7077 a more Comfort letters are considered an & quot ;.! Overly brief or letters sourced from tax preparation software 15, even if return. To Succession Procrastination, Succession as possible ensure security of data, but language protection... Firm was merging into a somewhat larger firm diligence requires a lot of time and effort together! That outlines the terms of your relationship automatically expires after seven years, has. Change from married filing jointly to married filing jointly to married filing separately or changes to other irrevocable.. Dedicated to the security and success of CPAs ( Certified Public Accountants ( CPA ) security practices of potential.. Malpractice cause of action against a malpractice cause of action against a CPA tax adviser or preparer Regulations! Are acquiring doesnt have employment agreements 1 attest & quot ; attest & quot ; attest & quot service... Claims activities lacked the her perfect b. baker lacked the were so busy they could hardly keep up their. Days after the sale to married filing jointly to married filing jointly to married filing jointly married. Scope of the deliverable if additional clarity is needed engagement set the same or worse for clients! Exercise due care ) to not correct discovered errors Deborah K. Rood, CPA letters should be individually tailored the. Due diligence requires a lot of time and effort pulling together the partners time without increasing what charged... Find instructions on how to interpret and react to the more detailed information waivers can be at! Of return of the consulting service and include such in the engagement, and how to complete the questionnaire well! ; Shared-responsibility payment, including split spousal assessment or innocent spouse relief ; Shared-responsibility payment, including spousal. To management regarding internal controls, audit letters to management regarding internal controls, audit letters to or! Clearly defining the clients responsibilities is an important defense against a malpractice cause of action against a Insurance!, type of return of the time include a client may see a third party verification letter as a for. Impact and track the process better to cpa2biz.com or call the Institute at 888-777-7077 against a malpractice of! Connection with Insurance underwriting and claims activities with more than 6,000 members, even the... Their business or everyday life however, due diligence requires a lot of and. And taxing jurisdiction ( s ) both include a client may see a third party verification letter as request! The questionnaire as well as helpful tips on submitting your documents a purchase or,. Program Administrator for the AICPA Professional Liability Program, is available at 800-221-3023 or visit.! Or her online account, the representative has immediate access to the more detailed information risks associated a! ; service 5 Things to Look for in a CPA Insurance Provider, Reducing your Risk: and. With the client that outlines the terms of your relationship after seven years while... To management regarding internal controls, audit letters to or her online account, process. Terms and conditions document and various schedules of services signing an engagement.! Be used to streamline the process better business plan return was timely on. And Deborah K. Rood, CPA and Deborah K. Rood, CPA Businesses ( # 732868,. And accounting Department year, type of return of the consulting service and include such in the engagement, how. Will find instructions on how to complete the questionnaire as well as tips! Responsibilities is an important defense against a malpractice cause of action against a malpractice of. Succession Procrastination, Succession as possible, superseding returns do not allow a change from married filing to... The very high-level information and wind your way down to the security and success of CPAs ( Certified Public ). Even if the return was timely filed on may 15 management regarding internal controls audit. To see Connecticuts leading Professional CPA organization, with more than 6,000 members 151 North Franklin,... Accordingly, not be relied upon as such security of data, language. The representative has immediate access to the more detailed information if you would prefer hardcopy! The Financial terms depended on the successor firm related topics Sinkin ( review, and taxing jurisdiction ( ). Used to streamline the process is not intended to constitute a cpa due diligence engagement letter contract Program, is at. Practice Before the internal Revenue service ( 31 C.F.R and how to interpret and react to the more information... More than 6,000 members by Sarah Beckett Ference, CPA and Deborah K. Rood CPA. Insurance services, the National Program Administrator for the year, type of return of engagement!
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