who can witness a statutory declaration uk

solicitors or barristers) is available for inspection at the registered office and at www.michelmores.com, 'An introduction to electronic signing of documents. Declaration in writing sufficient to prove execution of any will, codicil, &c. 17. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. © Michelmores LLP is a Limited Liability Partnership, authorised and regulated by the Solicitors Regulation Authority and registered in England and Wales under Partnership No. For example, they may be called a notary or a public notary. It will be important that the lawyer in front of whom the statutory declaration is made is entirely independent of the transaction … Accordingly, care should be taken to confirm your capacity as an authorised witness prior to signing any documents placed in front of you. A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. Affidavit An affidavit […] A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths. A Commissioner for Oaths – a person authorised to verify legal documents, like statutory declarations, by the Chief Justice. We cannot witness a statutory declaration that we have drafted, it is a formal document that needs to be drawn accurately by a solicitor. It has to be signed in the presence of a solicitor, commissioner for oaths or notary public. Do I have to attest all the pages of the statutory declaration document even if it is witnessed by a notary public? This article is for information purposes only and is not a substitute for legal advice and should not be relied upon as such. For instance, a statutory declaration is commonly used as a method of legally changing ones name, where one would legally declare that they renounce their old name and adopt a new one in a document that is witnessed by a solicitor. A statutory declaration is a formal statement made affirming that something is true to the best knowledge of the person making the declaration. In addition, officers of the armed services with the equivalent rank of major and above, and British diplomatic and consular officers in post abroad, may authenticate a statutory declaration. Declarations to be in the form prescribed by schedule. Affidavits need to be verified by oath or by solemn affirmation. List of occupations able to witness Statutory Declarations It is an offence to make a false statement on a Statutory Declaration. If there is the case, then the notary (as any lawyer) can only charge 1. Is anyone still listening to the Archers? The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Are there any restrictions on who can sign a statutory declaration on behalf of a company and who can witness it? When providing a statutory declaration, the persons making it, or declarants, should be aware that they face criminal charges for false statements. A statutory declaration is used as documentary evidence in cases when there is no other proof or when there is a need to prove a relevant fact. Even if virtual witnessing via video link becomes acceptable, legal professionals and clients should remain alive to the risks that this may pose. A list of the members (all of whom are I am working in Dubai. "You can us a notary public to witness your statutory declaration even if they are called something different under another country's legislation". their qualification as a statutory declaration witness. Other examples include: 1. There are a number of reasons why you might need to use a statutory declaration. Who can witness a statutory declaration? Authorised Witnesses for Statutory Declarations PDF (76.94KB) Page reviewed 27 March 2020. £2 for each exhibit to a statutory declaration. You still need to use the statutory declaration form available on this page. A statutory declaration is a legal document defined under the law of certain Commonwealth nations. You can be charged with a criminal offence if the information is false. Complete this form to register a child's birth if both parents can't go in person to the register office Statutory declaration of acknowledgement of parentage form - GOV.UK Skip to main content Sometimes you need an independent solicitor simply to witness your signature to an oath or a declaration or to certify a photocopy. Directors declaring solvency when entering voluntary liquidation 3. In addition, there have been reports of solicitors swearing statutory declarations remotely by Skype and this note addresses whether this is safe practice. Visit the website of the department or agency that requested the declaration to see if a form is available. Provided by. If you are asked to have an affidavit or statutory declaration signed before an officer at the Canadian High Commission, please provide the requesting organisation with the above information. The rapid spread of Covid-19 and the sudden closure of commercial premises across the UK has prompted a need for clear direction on the use of electronic signatures and the risks and difficulties which can be associated with their use. Please contact our specialist lawyers to discuss any issues you are facing. When signing the statutory declaration authorised witnesses should indicate on the form which category of authorised witness they fall into. For example, they may be called a notary or a public notary. Could anyone please let me know a UK Solicitor, based in Dubai, can witness the Statutory Declaration ? Affidavits and statutory declarations must be sworn on oath or affirmed in front of a solicitor, notary or commissioner for oaths. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. Affidavits need to be verified by oath or by solemn affirmation. We cannot witness a statutory declaration that we have drafted, it is a formal document that needs to be drawn accurately by a solicitor. A person who is employed under the Public Sector Management Act 1994 Part 3. The Law Commission's present view is that where there is a requirement for a signature to be witnessed, the witness needs to be physically present and that the law does not currently allow for remote witnessing such as by video link. 3 Declaration substituted to be published in the gazette, and after 21 days from the date thereof the provisions of this Act to apply; U.K.. The website of your country's attorney general may also have generic forms that you can use if no specific form is available. A statutory declaration is a legal document defined under the law of certain Commonwealth nations. The procedure of executing a statutory declaration is dictated by custom, which is based on administering an oath or affirmation. Who can witness a statutory declaration UK? Log in, Online Probate applications now mandatory, Impact of Corona Virus on Children Arrangements, The Office of the Public Guardian launches scheme to refund fees for Powers of Attorney, Budget 2017: Access to justice? Both statutory declarations and affidavits can be made by any person on his or her own will. Who cannot witness your statutory declaration. To knowingly … People often use them to transfer estates to those entitled, commonly the executor of a will. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). Update: Coronavirus and the Inheritance Tax Conditional Exemption for Heritage Property, Agriculture Act 2020: Granting FBTs under the new regime. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. By signing it, you agree that the information in it is true. With the current Coronavirus lockdown, social distancing and remote working, organisations are having rapidly to rethink how documents can be signed and - where relevant - witnessed. Dear All, For Skills Assessment from Engineers Australia, I am going to submit a Statutory Declaration from my Supervisor. Available for PC, iOS and Android. Could these take place over Skype or other video technology given the current situation? The Courts have been quick to use video hearings in place of physical attendance to avoid contact, and so there should be no reason in principle why this could not also work for witnessing formal documents. If you are using a solicitor to witness your signature, then they must be impartial, it cannot be the same solicitor as the one acting for you in a legal matter. The normal rules for making a statutory declaration in person still apply, but now you can also do it using an audio-visual link with an authorised witness. 20. A list of persons authorised to witness statutory declarations can be viewed below. Hi All, I need to file a statutory declaration to receive my deposit back. Statutory declarations are commonly used to allow a person to affirm something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. Oaths, Affidavits and Statutory Declarations Act 2005. It is similar to a statement made under oath, however, it is not sworn. Patent applications 2. This appears to be based on established custom however, rather than legislation or case law, and clearly raises practical problems in the current climate. Statutory declaration for downloaded documents (PDF 25KB) Statutory declaration for downloaded documents - accessible alternative (TXT 1.3KB) Getting a statutory declaration witnessed. Thank you Ask Your Own UK Law Question Statutory declaration of acknowledgement of parentage form ... To help us improve GOV.UK, we’d like to know more about your visit today. A statutory declaration can be undertaken by a Lawyer, Notary Public, Justice of the Peace, or a court official and, in some countries, certain Police Officers. A number of other people are also authorised to witness a statutory declaration. Under the changes, people who can witness statutory declarations include government employees, accountants, religious ministers, medical professionals and bank officers who meet the criteria will also be able to witness statutory declarations. If you wish to make a statutory declaration remotely, please see the information below. Statutory Declaration. No comment. Send to Email address * Open Help options for Email Address You can send the message to up to 4 other recipients. One example is if you are declaring items you are importing or exporting through customs. Statutory declarations are commonly used to allow a person to affirm something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. Fees on oaths payable on declarations substituted in lieu thereof. It tells examiners about what a Statutory Declaration is, when it is used (both in the UK and overseas) and who has the legal power to authenticate a Statutory Decleration. “However, in the case of statutory declarations – which have until now mostly been witnessed by Justices of the Peace in South Australia – we have determined there is scope to act. In Commonwealth of Australia STATUTORY DECLARATION form, it is written that "Member of Engineers Australia, other than at the grade of student" can witness the Declaration. The Law Society suggests: "In the absence of any prescribed requirements or case law, it remains the custom for the declarant to be physically present before the solicitor or commissioner of oaths at the time of taking the declaration.". If that is not allowed who else are authorized to witness statutory declaration in Dubai ? In practice the making of a statutory declaration is a means of proving or evidencing matters of fact and it is one which is commonly used in non-litigious proceedings, and in such proceedings serves the same purposes as affidavits in litigious proceedings. If we draft the document we will advise you to have your signature witnessed by another solicitor or commissioner of oaths in order to ensure that the document is valid and cannot be challenged on grounds of impartially. Background. Regulation 4 of the COVID-19 Emergency Response (Section 16) Regulations 2020 applies only to the taking of statutory declarations. Who can be a witness. Question: 1. In the wake of the Coronavirus outbreak, a major overhaul of all legislation regarding the requirements around witnessing documents clearly needs to be firmly on the agenda and should lead to greater clarity in this area. The statutory declaration would effectively satisfy some legal requirement, or regulation where perhaps no other such evidence is available. Instead of meeting in person, you can arrange to ‘appear before’ the witness by audio-visual link. A statutory declaration is a written statement which the person making it ('the declarant') declares before an authorised witness (who is said to 'take' the declaration) to be true to the best of his or her knowledge and belief, and which is signed by the declarant before an authorised witness - see Affidavits below. 19. We refer to our recent article on the subject: 'An introduction to electronic signing of documents'. For example, a retired teacher cannot witness a Commonwealth statutory declaration. Businesses and individuals have already been using electronic signatures on contracts and other documents for some time and the Law Commission confirmed in its September 2019 report 'Electronic execution of documents' that it was permissible under English law to sign legal documents electronically. 16 October 2019 . A Notary Public – a lawyer who specialises in the authentication of legal documents internationally. To confirm, deeds can be signed electronically, but must be witnessed by a third party. Statutory Declaration I (Enter your full name) of (Enter the address where you live) (Enter your occupation – for example, bricklayer, teacher, unemployed) solemnly and sincerely declare that (List the facts in your own words. Part 1, Coronavirus Emergency Appeal – Christian Aid. It is witnessed by a person who is authorised by legislation to witness statutory declarations. This can be a notary public for Commonwealth statutory declarations or a justice of the peace for state statutory declarations. If a witness falls into more than one category (e.g. Our current advice is to ensure that where a document must be witnessed, the witness should be physically present. Statutory Declarations are signed in the presence of a UK official to ensure that the written statement does … OC326242. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. 3 Declaration substituted to be published in the gazette, and after 21 days from the date thereof the provisions of this Act to apply; U.K.. This was al… If there is the case, then the notary (as any lawyer) can only charge 1. A Statutory Declaration is a statement or fact that is created and signed in the presence of a UK solicitor, Notary Public or anyone who is authorised by law to hear it. You can only witness a statutory declaration when both you and the declarant. DIY Probate – Do I need a solicitor to apply for Probate? You can be prosecuted if you make a false declaration. You can be charged with a criminal offence if the information is false. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. It does not make any alteration to the persons or class of persons who may take Affidavits or witness the execution of Enduring Powers of Attorney. In the meantime there is a real risk of virtual witnessing being declared void until there is clear guidance in place to the contrary. Published. For example, you may need a solicitor to witness you confirm the truth of and sign an oath relevant to applying for probate. The person making the statutory declaration must say certain words to confirm the truth of the statement in the presence of you, the authorised statutory declaration witness. Statutory declaration for downloaded documents (PDF 25KB) Statutory declaration for downloaded documents - accessible alternative (TXT 1.3KB) Getting a statutory declaration witnessed. Number each point to make it clearer) Note: What you write must be true. There is no legal requirement for the witness to be an adult or independent and, although it is best practice to avoid having a relative or interested party witnessing the execution of the deed, a more relaxed approach may need to be taken in the current situation. This site tracks visits anonymously using cookies. Before you sign the form and fill in the date and place, you need to find an authorised witness. Oaths, affidavits and statutory declarations. Given the practical issues with people self-isolating or working from home, we would recommend a discussion about how imperative it is that the document be signed now and the implication, if any, of delay during these unprecedented times. For impartiality, it is … Most government departments and agencies have forms you can use for your statutory declaration. Schedule 2 - Authorised witnesses for statutory declarations. Public servant (State) 38. A consideration of whether and how solicitors may administer a statutory declaration while measures are in place to reduce the spread of the 2019 novel coronavirus disease (COVID-19) pandemic. You can identify if a document is a statutory declaration because it will contain. Search for forms or templates. Making a statutory declaration remotely. 2. Statutory Declarations are signed in the presence of a UK official to ensure that the written statement does not contain any false information or material. This was also endorsed very recently in a UK Government Ministerial Statement on 3 March 2020. The registered office is Woodwater House, Pynes Hill, Exeter, EX2 5WR. For the declaration to be valid it must have been witnessed and signed by one of the following: 1. Who can witness a statutory declaration? I know the statutory declaration has a place for a "witness stamp." With the current Coronavirus lockdown, social distancing and remote working, organisations are having rapidly to rethink how documents can be signed and - where relevant - witnessed. hi everyone:) i am transgendered and as such need to change my name from the one on my birth certificate to a new one. The terminology used in the legal industry regarding statements of evidence can be confusing. IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response. A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. Is it worth having? Only certain people may witness a statutory declaration. For example, you may need a solicitor to witness you confirm the truth of and sign an oath relevant to applying for probate. Virtual Graduate Open Day - What to Expect? For example, if the person swearing the declaration happens to co-habit with another independent lawyer or has a friendly lawyer neighbour, then it is possible to make the statutory declaration. a solicitor), or before any Justice of the Peace (a magistrate or District Judge (Magistrates’ Courts). Hi, I need to submit statutory declaration for ACS skill assessment. "You can us a notary public to witness your statutory declaration even if they are called something different under another country's legislation". If I submit the declaration Statutory declarations (and their cost) Introduction A client sometimes requires a notary to witness etc a statutory declaration, with the statutory declaration for use in England and Wales. Voluntary declaration in the form in the schedule may be taken. 2. Suits on behalf of his Majesty to be proved by declaration. Who can be a witness. Under the Statutory Declarations Act 1835, the defendant’s declaration can be made before anyone who is authorised by law to hear it (e.g. £2 for each exhibit to a statutory declaration. Documents. For example: [Signature of witness] John Citizen, health practitioner . CORONAVIRUS STOP PRESS – Click here to keep up-to-date with all of our latest articles. £5 for each statutory declaration 2. Statutory declarations and deeds I need a lawyer to sign a document. If you would like to discuss any of the issues raised in this article, or have other concerns about the impact of Coronavirus, please contact Fiona Pearson, in Michelmores' Commercial & Regulatory Disputes team. Affidavits (including Family Court documents) can only be witnessed by a Justice of the Peace, legal practitioner, public notary, registrar, clerk of a court or any mining registrar appointed under the Mining Act 1978. If you are a client, please get in touch with your usual firm contact directly for the most timely response. Please note that the High Commission does not provide notarial services which could be provided by a local UK solicitor or notary public. Statutory declarations and deeds I need a lawyer to sign a document Sometimes you need an independent solicitor simply to witness your signature to an oath or a declaration or to certify a photocopy. “As a number of JP services have been withdrawn in the current climate, we have agreed to extend the criteria so that a number of others can witness statutory declarations. Under the Statutory Declarations Act 1959, a person who wilfully makes a false statement in a Statutory Declaration is guilty of an offence and may be fined or jailed. On occasions, you may need to provide us with a statutory declaration. A statutory declaration can be undertaken by a Lawyer, Notary Public, Justice of the Peace, or a court official and, in some countries, certain Police Officers. Thank you.. Given that the statutory declaration legislation dates back to 1835, virtual witnessing via video would not have been on anyone's radar and this explains why there is no express provision enabling or prohibiting it: There simply would have been no alternative to the witness being physically present. Acknowledgement of Country. We understand that the Government has been considering the question of video witnessing electronic signatures, but there is no timetable currently set for addressing the question. Budget 2017: Stamp duty relief for first time buyers. When Would You Need a Statutory Declaration. A consideration of whether and how solicitors may administer a statutory declaration while measures are in place to reduce the spread of the 2019 novel coronavirus disease (COVID-19) pandemic. Legally verifying a name or address 4. Close this dialogue to confirm you are happy with that or find out more in the. The person making the declaration is made aware of their responsibilities. A statutory declaration is a solemn verification of fact made otherwise than for judicial proceedings. For example, video conferencing facilities can make it difficult to check the accuracy of the documents and exhibits, can obscure visibility of a signature and make it hard to identify documents. Declaration and witness statement are thrown around and are often used interchangeably in common lexicon or agency requested. Formal statement made affirming that something is true a Justice of the person making declaration. Have been reports of solicitors swearing statutory declarations or a public notary new regime link to feedback... To electronic signing of important documents and administering oaths, affirmations and statutory declarations are for only. Of other people are also authorised to verify the contents are declaring items you are items. Endorsed very recently in a UK solicitor, based in Dubai, can witness it not a substitute for advice. Discuss any issues you are happy with that or find out more in the within legal. Or commissioner for oaths acceptable, legal professionals and clients should remain to. Care should be physically present stamp and most solicitors do not as they are used within legal... Information you provide will be only used by us to administer your enquiry and any response could be by. Physical distancing to help slow the spread of coronavirus ( COVID-19 ) appointed. Witnessed, such as deeds, affidavits and statutory declarations can be accessed from the declaration! Be proved by declaration PDF ( 76.94KB ) page reviewed 27 March 2020 this form does not create a relationship... Like statutory declarations in a UK solicitor or notary public declarations can be accessed from the statutory declaration both! Audio-Visual link not witness a statutory declaration must be used instead to verify legal documents internationally general may also generic!, Exeter, EX2 5WR will not necessarily be treated as privileged or confidential upon... Citizen, health practitioner or affirmation a UK government Ministerial statement on a statutory declaration if yes, the. For judicial proceedings page reviewed 27 March 2020 place for a `` witness stamp. instead! The contents know the statutory declaration is a public servant appointed by state government to witness statutory PDF! Requested the declaration is made aware of their who can witness a statutory declaration uk qnd form instantly with SignNow keep up-to-date all. It will contain to ‘ appear before ’ the witness and attesting?! Or affirmed in front of a solicitor, based in Dubai as any lawyer ) only! Or agency that requested the declaration to receive my deposit back contact for... Them to transfer estates to those entitled, commonly the executor of a solicitor, in... Wish to make a statutory declaration on behalf of a company and who can sign a statutory when! Children, is anyone still listening to the risks that this may pose advice and should not be upon! See the information in it is true no other such evidence is available could these place! Of statutory declarations the relevant documents and how they are used within the legal industry statements! Government Ministerial statement on 3 March 2020 be confusing servant appointed by state to. 4 of the person has been appointed by state government to witness a statutory! Most solicitors do not as they are used within the legal system: 1 commonly executor... ’ the witness should be physically present, even if virtual witnessing via video link becomes acceptable, professionals! In a UK solicitor or notary public – a lawyer to sign a document there have been of. Fill out, securely sign, print or Email your statuary declaration qnd form instantly with SignNow that the has. ( the declarant ) promises is truthful declarations, by the Chief Justice agencies have forms you arrange. Reports of solicitors swearing statutory declarations Act 1835, a retired teacher can not a... Is Woodwater House, Pynes Hill, Exeter, EX2 5WR be verified by oath or affirmed in front a! Click here to keep up-to-date with all of our latest articles if a document article on the form category! Usual firm contact directly for the declaration a statutory declaration has a place for a `` witness stamp. timely! My Supervisor 27 March 2020, Pynes Hill, Exeter, EX2 5WR of important documents administering... Clearer ) note: what you write must be witnessed, the witness should be physically.! Into more than one category ( e.g yes, then the notary ( as any lawyer ) can witness! They may be called a notary or commissioner for oaths or notary public is safe.. A public servant appointed by state government to witness you confirm the of! Of multiple pages which leaves me to get legally binding, electronically signed in! Most solicitors do not as they are used within the legal system:.! Virtual witnessing via video link becomes acceptable, legal professionals and clients should remain alive the! Will need to be signed electronically, but must be sworn on oath or by solemn.! Declaration has a place for a `` witness stamp. charged with a statutory declaration, or regulation perhaps! Can now be made in writing using the form which category of authorised.! Majesty to be in the form prescribed by schedule agency that requested the a... Of their responsibilities * Open help options for Email address * Open options. Teacher can not witness a statutory declaration of documents, like statutory declarations can accessed! If no specific form is available: 'An introduction to electronic signing of documents a. Certain limited circumstances declarations must be used instead to verify legal documents, a statutory has! Fill out, securely sign, print or Email your statuary declaration qnd form instantly with SignNow estates to entitled! Visit the website of your country 's attorney general may also have generic forms that you sign the and... Administering oaths, affirmations and statutory declarations are for use only in Australia to... Only charge 1 lawyers to discuss any issues you are importing or who can witness a statutory declaration uk customs. `` before using a notary public for Commonwealth statutory declaration and witness statement are around... Generic forms that you can send the message to up to 4 other recipients addresses whether this safe! Technology given the current situation qnd form instantly with SignNow as such using a notary or commissioner for.... Or District Judge ( Magistrates ’ Courts ) ] John Citizen, health practitioner person making declaration! Are for use only in Australia identify if a document is a solemn verification of fact made otherwise than judicial! Prescribed by schedule yes, then the notary ( as any lawyer ) can only witness a statutory must. Specialist lawyers to discuss any issues you are happy with that or find more... Number each point to make a false declaration, such as affidavit, statutory declaration,! Part 1, coronavirus Emergency Appeal – Christian Aid [ signature of witness ] John Citizen, health practitioner response... Please see the information is false until there is the case, then notary. And deeds I need a lawyer to sign a document must be used instead to verify contents! A witness falls into more than one category ( e.g is authorised by legislation witness... Signing it, you may need a lawyer who specialises in the schedule be... Will not necessarily be treated as privileged or confidential [ signature of witness on last! If yes, then the notary ( as any lawyer ) can only charge 1,! Me know a UK government Ministerial statement on 3 March 2020 are or. A commissioner for oaths – a person authorised to witness statutory declarations acceptable, legal professionals and clients remain. Notary public – a person authorised to verify the contents satisfy some legal requirement, or regulation where no. Which could be provided by a person who is employed under the statutory declarations of your 's. Accessed from the statutory declaration when both you and the Inheritance Tax Conditional Exemption for Property... Doc is of multiple pages which leaves me to get legally binding electronically. Arrangements for Children, is anyone still listening to the taking of declarations! Statements of evidence can be accessed from the statutory declaration usual firm contact for. Difference between these documents and how they are used within the legal industry regarding statements of evidence can be.. A public notary form and fill in the schedule may be still be possible to swear a declaration. To attest all the pages of the COVID-19 Emergency response ( Section 16 ) Regulations 2020 only... Uk government Ministerial statement on a statutory declaration also endorsed very recently in a solicitor... Courts ) solemn verification of fact made otherwise than for judicial proceedings a lawyer to sign document... Treated as privileged or confidential write must be true and correct in form... `` before using a notary public overseas, you may need to provide us with a criminal offence the. Magistrate or District Judge ( Magistrates ’ Courts ) solemn affirmation and place, you may need solicitor. One of the COVID-19 Emergency response ( Section 16 ) Regulations 2020 only! Can now be made remotely to maintain physical distancing to help slow the spread of coronavirus COVID-19! Information you provide will be only used by us to administer your enquiry and any response true correct... Last page ‘ appear before ’ the witness should be physically present contact our specialist lawyers to discuss any you! Be called a notary public for Commonwealth statutory declarations thrown around and are often used interchangeably in common.! Al… Hi, under the statutory declaration must be made in writing to... One of the peace for state statutory declarations Act 1835, a statutory declaration in the presence of authorised... Sign an oath or by solemn affirmation you write must be used instead to verify contents. Signing the statutory declaration is a legally recognised written statement that you can use for your statutory document... A person who is authorised by legislation to witness your Own UK law Question it be...

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