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Meeting at Speaker's Corner 18 Oct, 6-7 pm

Tuesday, October 28, 2008
Unconditional help from volunteers
Many people thanked me for spending time and effort to help the investors of the structured products.

I wish to acknowledge the unconditional help given by many volunteers who came forward to assist me. I shall not mention their names, but tell you what they have been doing:

> volunteers who provide guuidance and deal with specific issues of investors
> volunteers who held at Speaker's Corner
> contact persons for the various groups (by distributor or product)
> strategy team who understakes various types of tasks
> volunteers who monitor the internet for news and contribute updates for me
> volunteers who translate my article into Chines.

These volunteers came forward without being asked. Some are investors, others are not. They do what they consider to be useful. This is called UNCONDITIONAL HELP.
Posted by Tan Kin Lian at 8:54 AM
 
Tuesday, October 28, 2008
Town Council invest in Minibond
Mr Tan,

Even Town Council use the resident sink fund to invest in Minibond , sorry can't tell you the name of the TC.

Invest around 300k, ....... many more MCST too have invest in it, So just simply write off public fund, it is legal?

Hope more people can surface more related info, to add on the pressure.

Eric
Posted by Tan Kin Lian at 1:08 AM

any pap or minister invest in this so call > Minibond?
 
Tuesday, October 28, 2008
Town Council invest in Minibond
Mr Tan,

Even Town Council use the resident sink fund to invest in Minibond , sorry can't tell you the name of the TC.

Invest around 300k, ....... many more MCST too have invest in it, So just simply write off public fund, it is legal?

Hope more people can surface more related info, to add on the pressure.

Eric
Posted by Tan Kin Lian at 1:08 AM

Town councils' sinking funds not substantially affected by financial turmoil
By May Wong, Channel NewsAsia | Posted: 28 October 2008 2029 hrs


SINGAPORE : The sinking funds under all 14 PAP-managed town councils are safe and not significantly affected by the failed Lehman Brothers products.

Town councils said only a small percentage of their total investments were spent on those affected products.

Town councils use their individual sinking funds to carry works such as repairing damages at HDB (Housing & Development Board) common areas or maintaining an HDB elevator.

Every PAP town council has between S$30 million dollars and S$150 million in their sinking funds.

Under current guidelines, each town council can use 65 per cent of their sinking funds to invest in government bonds, while up to 35 per cent can be invested in other financial instruments like corporate bonds and equities.

Although some of the town councils have purchased Lehman Brothers-linked products, the investments are minimal.

"Maybe a couple of percentage out of the total investment portfolio (were used in those investments), so the exposure will not affect the overall investment portfolio or the sinking funds per se. There's definitely no fear that any of the PAP town councils' sinking funds will be wiped out. All the supporting PAP town councils' sinking funds are in safe hands," assured Dr Teo Ho
Pin, Coordinating Chairman of the 14 PAP Town Councils. He is also the mayor of North West District.

For Jurong Town Council, it has not invested in any Lehman-linked products, but explains that it only spends about 18 per cent or S$15 million of its S$84 million sinking funds in slightly riskier products.

Even then, that investment guarantees the principal amount.

"The position that we've taken is really to be very cautious with our investments because we're very clear that these are public funds, and therefore we decided to err on the side of being conservative in our investment policy. The public do not have to worry... there will not be enough funds in order to take care of their needs," said Jurong MP Halimah Yacob.

Many agree the current financial turmoil has taught the town councils that they should further diversify their investments in the future.

Going forward, town councils are expected to exercise even greater prudence when investing their sinking funds. But it's hoped that they will still be able to get up to 4 per cent of returns on their investments annually. - CNA /ls
http://www.channelnewsasia.com/stories/singaporelocalnews/view/386016/1/.html
 
Wednesday, October 29, 2008
Regulator should disallow the sale of bad products
The CEO of a large government owned organisation told me,

"Kin Lian, you are opening a pandora's box. By speaking for the investors who were misled into buying the structured products, you allow other sophisticaled investors to claim that they were also misled and to claim compensation. How can you differentiate between the two group?"

I showed this blog to him on my notebook computer: http://tankinlian.blogspot.com/2008/10/nature-and-risk-of-structured-product.html

After reading it, he changed his mind. He did not realise that the product could be so toxic and was surprised that it was allowed to be sold. Nobody would have bought the product, if it was properly described to them.

I showed to him another potential time bomb, concerning the leveraged dual currency investment:
http://tankinlian.blogspot.com/2008/10/leveraged-dual-currency-investments.html

He was again surprised. He wanted to check if his wife also invested in these dual currency investment. It is so easy for the unsavvy to be fooled.

He suggested to me on how the message of these bad products could be disseminated more widely to inform the investors. I replied that, by naming the products, I stand the risk of being sued by the creators of these products. In my view, it is the job of the regulator to ensure that bad products cannot be sold.
 
Wednesday, October 29, 2008
Collective legal action - approach recommeded by Glenn Knight
Approach recommended by Mr. Glenn Knight

1. I have met with several investors and found that a collective action is difficult.

2. I proposed that the investors should come forward and to say how they have been ‘misled’ and by which party meaning the banks or the other financial institution. I will then these people according to the financial institution who sold them the product.

3. For each group, I will choose one client who will sue alone but who will be backed financially by the others of the same group. My estimate is about S$80,000 for each client for the suit. The case will be heard in the District Court.

4. If the client wins the case, it will be a crucial victory. I will then use this case to settle with that financial institution on behalf of the other investors, provided of course that this is agreed by the financial institution. In that way, all similar cases can be settled.

5. If I am not able to act against any financial institution due to conflict, I can arrange for another lawyer to act (e.g. Mr. Raymond Loo).

6. If I should lose the case, the amount involved would be on a scale basis (provided in the books) of S$40,000 say for a trial that would last 4 days.

7. In the event that there would be an appeal to a High Court Judge in chambers, then I will have to charge another S$30,000. But if I should lose the appeal the party would have to bear costs of S$15,000

Glenn Knight
Bernard & Rada Law Corporation
50 Robinson Road
#08-00 VTB Building
Singapore 068882
DID: (65) 63947 852
Main: (65) 68999 888
Fax: (65) 6338 5377
Web: www.brllawcorp.com
Posted by Tan Kin Lian at 8:48 AM
 
Wednesday, October 29, 2008
Collective legal action - approach recommeded by Glenn Knight
Approach recommended by Mr. Glenn Knight

Let's work out the numbers.

If you do not sue, you may get back 10% of your investments. And if another FI takes over the minibond, you may get back say 30% of your investments. So, average out (equal weighting) you get back 20%.

If you sue, assuming court rules that you bear 20% of investment, you get to sell back the investment at 80%.

That means, if you sue, you are suing for net 60% of your investments.

Assuming Glenn believes that you have 50/50 chance of winning,
average lawyer fee would be ($80k + $40k)/2 = $60 grands,
then you must claim at least [ ( $60k / 50% ) / 60% ] = $200 grands to even out the expected value of the lawyer fee.

So if you are fighting for $200 grands and lower, you are fighting for your lawyer's income. Other costs are not included.

:D
 
Wednesday, October 29, 2008
US Attorney General recovers for investors in auction rate secruties
Dear Mr. Tan
Can Singapore learn from New York?

http://www.oag.state.ny.us/media_center/2008/oct/oct8a_08.html

ATTORNEY GENERAL CUOMO ANNOUNCES SETTLEMENTS WITH BANK OF AMERICA AND ROYAL BANK OF CANADA TO RECOVER BILLIONS FOR INVESTORS IN AUCTION-RATE SECURITIES

NEW YORK, NY (October 8, 2008) - Attorney General Andrew M. Cuomo today announced two more agreements to provide liquidity to consumers who purchased auction-rate securities. Banc of America Securities LLC and Banc of America Investment Services, Inc. ("Bank of America") will return over $4.5 billion to investors across New York State and the nation. RBC Capital Markets Corporation ("RBC") will return over $850 million to investors across New York State and the nation. These agreements settle allegations that Bank of America and RBC made misrepresentations in its marketing and sales of auction-rate securities. Bank of America and RBC marketed and sold auction-rate securities as safe, cash-equivalent products, when in fact they faced increasing liquidity risk.

"In today's economic climate, it's more important than ever for investors to be able to access their money. Returning billions of dollars back to investors not only protects their interests but also increases confidence in the entire market," said Attorney General Andrew Cuomo. "Since the beginning of our investigation into the auction-rate securities market, our objective has been to provide relief to investors who have been unable to sell auction-rate securities as a result of widespread auction failures in February 2008. With these settlements, we've returned over $50 billion back into investors' hands, providing relief to the overwhelming majority of individual investors who were fraudulently sold auction-rate securities."

Similar to prior settlements in the industry-wide investigation, Bank of America and RBC have agreed to buyback auction-rate securities from certain customers. Bank of America has agreed to offer to buy back all illiquid auction-rate securities from all of Bank of America's retail customers, small businesses with less than $15 million on deposit and charities with less than $25 million on deposit. RBC has agreed to offer to buy back all illiquid auction-rate securities from all of RBC's individual customers; charities, non-profits and government entities with less than $25 million on deposit; and all other entities with less than $10 million on deposit.

Posted by Tan Kin Lian at 10:18 PM
 
Can you please stop this meeting here, meeting there stuff ?? Utter boring leh !!
 
Thursday, October 30, 2008
Videos about speeches in Speaker's Corner
Dear Mr. Tan,
Do you have video recording of your speech in Speaker's Corner. Where can I find it?

REPLY
You can go to http://www.youtube.com/. Search for Tan Kin Lian. It gives you a list of all the speeches in Speaker's Corner. It also shows some TV programs about the minibond crisis.

It also contains my speech in Chinese delivered by Goh Meng Seng.
Posted by Tan Kin Lian at 8:04 AM
 
Thursday, October 30, 2008
Videos about speeches in Speaker's Corner
Dear Mr. Tan,
Do you have video recording of your speech in Speaker's Corner. Where can I find it?

REPLY
You can go to http://www.youtube.com/. Search for Tan Kin Lian. It gives you a list of all the speeches in Speaker's Corner. It also shows some TV programs about the minibond crisis.

It also contains my speech in Chinese delivered by Goh Meng Seng.
Posted by Tan Kin Lian at 8:04 AM

Wah really TKL ganging up with NSP....
 
Thursday, October 30, 2008
LET'S NOT FORGET ABOUT PERSONAL RESPONSIBILITY'
Christie Loh, Today paper

WHILE much public focus has been on the calls for compensation from distributors of Lehman Brothers-linked structured products, observers of the financial scene say that — while sales staff must act responsibly — investors should not forget their personal responsibilities.

The point was recently made by Prime Minister Lee Hsien Loong. "Ultimately, each person has to take responsibility for his or her own financial decisions," said Mr Lee last week during a media interview, where he set the controversy within the larger context of Singapore as a financial centre, and examined the Government's role.

The implications may be hard for the 10,000 people in Singapore whose investments plunged in value overnight when United States investment bank Lehman filed for bankruptcy last month.

Many investors, some of whom are elderly and fearful of losing their retirement savings, have accused the distributors of failing to reveal the riskiness of products, including Lehman Mini-Bonds and DBS High Notes.

Analysts, however, say the individual is not fault-free, especially not in a market that runs on theprinciple of caveat emptor, meaning buyer beware.

"When people make money, nobody complains," Associate Professor Lan Luh Luh of the National University of Singapore's department of business policy told Today.

Having read a flyer promoting one of the affected products, Assoc Prof Lan said the potential double-digit investment return advertised certainly looked attractive. But the academic has thus far avoided buying structured products because "I invest only in the things I understand".

She said: "If you want your money to work for you, you have to work hard for it, too. There's no free lunch in this world."

There was a similar message from Securities Investors Association of Singapore (Sias) chief executive David Gerald, who feels people should ask some basic questions before ploughing hard-earned savings into complex products. The controversy over structured products has led Sias to work on producing an investment handbook, which is slated to be out within six months.

"Don't get excited only by the upside. You need to also ask about the downside," said Mr Gerald, citing a check-list including questions like whether the product is suitable for you and whether you have the "stamina" to withstand losses until you recoup them.

It is this financial system of free will and flexibility that PM Lee espouses, instead of a paternalistic one where the government decides for the consumer what's risky and what's not, Mr Gerald indicated.

"I think this is the better approach. Let people make their own choices and decisions, but within a proper system, and with appropriate safeguards. We have progressively shifted towards this over the last decade," Mr Lee had said. "It cannot be that if I invested and it turned out well, then I am happy, but if I invested and it turned out badly, then I am entitled to compensation."

The Prime Minister added it would be a "moral hazard" for the Government to intervene due to political pressure in a situation where the banks had acted within the rules. In a major financial centre like Singapore, Mr Lee said, regulations must be "fair, consistent and transparent", not arbitrary.

Prof Lan said: "The Government's role is to make sure there's as much disclosure as possible. No company or institution should block any information."

There's a second thing that pundits feel the authorities must do: Punish those who breached the rules on financial selling.

An independent check into the internal processes of product distributors would settle the question of whether there was indeed mis-selling, said one industry observer familiar with the ongoing mediation process.

Echoing the view, Mr Gerald said that while he agreed the Government would be setting a bad precedent if it bailed-out troubled investors, he added the authorities must ensure that the financial institutions have been "doing the right thing".

Said the small-investor champion: "I expect the financial institutions to be fair to investors because they're going to them with trust. The way we have been doing business for a long time now is based on trust."

Posted by Tan Kin Lian at 11:51 AM
 
Thursday, October 30, 2008
Financial Services Authority fines Lloyds Bank in 2002
From Business Times

Lloyds TSB was fined GBP 1 million (S$2.35 million) in 2002 by the Financial Services Authority (FSA) of the UK and had to set aside GBP 165 million to compensate claims relating to mis-sold endowment policies, involving 45,000 policyholders.

In 2003, Lloyds TSB was further fined GBP 1.9 million and had to compensate GBP 98 million to 22,500 investors, many of them pensioners. This was related to the mis-selling of high-income 'precipice' bonds touted as an 'Extra Income and Growth Plan'. These bonds promised a return of 9.75-10.25 per cent over three years (twice the bank deposit rates then) and were linked to 30 stocks. They were called 'precipice' bonds because the investors' capital returns could 'fall off a cliff' if the markets fell below a pre-set trigger point.

The markets linked to the 30 stocks did indeed fall. These high-risk bonds, which were highly leveraged, were sold to inexperienced investors. Some 16,500 investors had never purchased equity-related investment products before.

22,500 sales out of 51,000 (that is, 44 per cent) of the total sold were deemed to have been mis-sold. Howard Davies, outgoing chairman of FSA, said that the products sold by Lloyds were 'inherently wicked' (because they were highly leveraged) and they were sold to unsuitable people.

Andrew Proctor, FSA director of enforcement, said: 'There was nothing wrong with the product itself. The problem was that too much of it was sold to the wrong people.'
Posted by Tan Kin Lian at 4:40 PM
 
Thursday, October 30, 2008
NTUC Bonus Cut was a bad idea
Hi Mr. Tan

When NTUC cut the bonus last year, the reason was to allow NTUC to invest the surplus into the stockmarket to get a higher return. Many policyholders opposed this move, as it would increase the risk. These policyholders are now proven correct, as the stockmarket dropped by 50%. It now appears that the cut in bonus is gone and cannot be recovered.

Earlier this year, you organised a collective protest against the bonus cut but did not lodge it at the AGM due to the assurance given by former NTUC boss Lim Boon Heng and the chairman Ng Kee Choe. The chairman also gave some assurance at the AGM. Are the assurances being kept and honoured?

As the bonus cut turns out to be a disaster, can the policyholders organise another protest to restore the old bonus rates? Can you take this matter to Speakers' Corner?

REPLY
Let me sort out the problem with the minibonds and other structured products over the next few months. We can review this matter in early 2009.
Posted by Tan Kin Lian at 5:58 PM
 
Thursday, October 30, 2008
Conflict of interest between bank and customer
Mr. Tan

I started my career as an investment consultant which requires formulating advice from client's interest point of view. I had done some work with banks on asset allocation models and fund selection (thinking from customers' interests point of view).

Two and a half year ago, I decided to join a bank to carry on this work.

It is an uphill task to convince people within the bank to embrace the investment approach of diversifying investment risks for the interests of customers. This directly clashes with corporate interest of meeting sales target and paying high bonuses, via selling high margin high risk products.

To be more specific, areas of conflicts include:

1. Most products are high risks in nature. Recommending broadly diversified products will lead to cannibalising the business of those narrowly focused products (including structured products). Killing these high risk products mean threatening the jobs of those people making profits out of these.

2. People are generally excited by new products and not old products. So, there is an IPO mentality - new products are better than old. As broadly diversified products are considered old products, it is obvious that no bank will run a promotion on the newly launched global stock funds or global bond funds because they aren't any. As the room for innovating structured products is unlimited, excitement and hype can be easily created around these products to boost profits.

3. The compensation structure of people selling investment products is commission based, and it is difficult to drive sales on products with lower commission. Unfortunately, products that work for customers (e.g. Term Policy, ETFs, global diversified funds) are usually low in commissions.

I also sympathise with the sales people, who are not talented enough to be promoted out of their hot seats of having to sell highly risky products to vulnerable customers just to meet the forever increasing sales target. I suspect some of the sales people succumb to the lifestyle of closing deals that are not in the best interests of customers and enjoying high bonuses, while others with conscience are trying their very best to get promoted to become product managers or some other roles in the bank, or even consider moving out of the job of selling investment products to selling other safer thing like house, car etc.

I believe no sales person is happy with the consequences of causing losses on monies of customers with no intention to take any investment risks. I am sure sales people are also suffering significant degree of guilt.

The conflict of interests between banks and customers remain unresolved until today.

Unless this conflict is resolved totally, I remain uncomfortable working for a bank. And I believe most people who have worked in a bank will agree with me, while others who do not, may have numbed their conscience due to helplessness.

May be the banks now seriously need regulators to set specific governance framework, to help them counter the unsurmountable vested interests that are in direct conflict with customers.

(name deleted)
Posted by Tan Kin Lian at 6:57 PM
 
Friday, October 31, 2008
Undergraduate reply to Prof Lan
Hi Professor Lan Luh Luh,

I refer to your comments published in the article titled “Structured Products: Let’s not forget about personal responsibility” in TODAY on 2008/10/30.

I read your comments with a heavy heart and really hoped that the reporter has taken your comments out of context. I believe you are the first academic in Singapore to speak out and at the same time advocate caveat emptor.

I do not agree with what you said at all. I disagree with what you said on factual and moral grounds.

1) The returns on the structured products are certainly not double digits. The reporter may have asked you to comment on the wrong structured investment product. From what I have read, the returns on the structured products average about 5%. The returns on this product certainly does not match the risk the investor is undertaking.

I once commented to a friend that if the returns on these products are more than 10%, then the investors have no one to blame but themselves, as the returns would have match the risks.

In this case, the returns clearly do not match the risk. In equities, there is the risk of losing. But the investors have the opportunity to make big gains too. Here, the investors bear the risk of losing everything, but their returns are capped at ~5% no matter how well the market did. Is this fair?

2) "When people make money, nobody complains,” I think it is wrong to state this as an argument. When nothing happens, and the investors receive their ~5% returns every year, is it correct to fault them for not making any noise? I think this is normal human behavior. As the saying goes, when there is nothing wrong, why fix it?

They brought the investment product based on the relationship manager’s (RM) recommendation and trusted their RM’s explanation on how the product should work. And when the product is providing returns, is it correct to fault the investors for assuming that the product is working as it should and that they did not question further how the product should work?

For example, would a child check what are the specific hardware in a computer he just brought (assuming the child does not have the ability to check the hardware himself, and that the child has the power to purchase a computer himself), other than to just use it as it is and trust what the sales people told him? In this case, he will only find out that he has been sold a different hardware configuration only after the computer broke down and the repairman tells him that.

3) The third is on the general investor profile. When I first heard of this, I wanted to find out about the investors themselves before I make a judgment. Hence I went down to Speaker’s Corner personally on the first Saturday gathering to see for myself. I was stunned. The majority of the people I see there are people in their 50-60s who speak little or no English. The moment anyone sees this, statistics nor any scientific measures matter.

It is common sense that the people in the crowd certainly do not fit the risk profile of the investors the structure products should be targeting. If professor Lan has not seen the investors personally, I suggest professor Lan to visit the Speakers Corner this Saturday and see for yourself. More information about the gathering can be found here, http://tankinlian.blogspot.com. I stopped visiting the gathering after the first one as it really hurts to see and hear them.

4) I would like to stress that, from what I heard, the investors “thought” they “know” what they are investing. The risks and downsides were not clearly explained to them. I am almost certain that if the downsides and the true natural of the product was clearly explained, no one would buy them.

5) On caveat emptor. I think this idea is wrong and should not be encouraged at all. Caveat emptor encourage businesses to be irresponsible. I do not think that this is a desirable outcome for our economy or society. Our economy would just cease functioning normally. Everyone would have to spend lots and lots of time double checking and double check again before they buy something. Common goods that are purchased everyday on the basis of trust would have double checked, as the consumers know they have no one to turn to if something goes wrong, and that they are on their own. Is this desirable?

Our society would become one engulfed in suspicion, of anything and anyone. No one would help one another and no one is interested in one another. Everyone for themselves. Is this sort of society a desirable one to live in?

The examples I used are extremes, as I am trying to illustrate a point here. Let’s not assume caveat emptor is “correct” and just use it as it is. The question to ask should be, is it right and desirable in the first place to “advocate” something like caveat emptor even if it is an accepted reality that buyers should check their purchases? Who coined it anyway and under what circumstances was it invented?

Just imagine if the Chinese told the affected “too bad, you brought the milk yourself, no one forced you to buy my milk. It’s your business that your babies are being poisoned”, what will happen? And isn’t the melamine milk incident a perfect platform of advocating caveat emptor too? Think about it, why didn’t the Chinese do that?

To me, the MAS is equivalent to AVA. Its role is not there to check if the food taste good or not. Its role is to check whether if there are harmful substances in the food. I believe the AVA scientists do not have a easy time trying to determine whether something is harmful or not too. But they do their best, and when things happen, the products get redrawn, an apology issued and people get treated. A person financially ruin is akin to getting poisoned. Especially if what taken away from them are lifetime savings they intend to live on when they are old.

6) I know that the banks got themselves covered legally. Even a disclaimer from a local broker’s analyst report is longer than the actual report itself. However, it is a moral issue here, and not a legal issue. I believe if the banks were to buy back the products at cost right now, which many has the ability to do so without hurting their bottom-line, the amount of goodwill this action generated will last for multiple generations. This beats years and any amount of advertising. It’s like the 1982 Chicago Tylenol murders, and the banks are in the shoes of J&J now.

I believe professor Lan’s viewpoint may be slightly legalistic, considering legal background. However, I urge professor Lan to be empathic to investors who have lost their savings.

I would like to stress that these are my personal opinions, and is not an attempt to show any form of disrespect. I am not personally involved any of the affected structured products.

Yours sincerely,

WMH
Undergraduate, SMU
 
Friday, October 31, 2008
Petition #4 - Review Complaint Handling Process
This Petition is addressed to the chairman of the Monetary Authority of Singapore and ask MAS to review the complaint handling process. Specifically, it ask:

1. That the Monetary Authority of Singapore appoints or sets up an independent unit to receive the complaints and to provide assistance to the complainants to write their statement.

2. That the Monetary Authority of Singapore encourage the financial institutions to adopt a collective approach in offering fair compensation to investors who have been misled into investing in these unsuitable investments, according to the category that the investors fall under. These categories could, for example, be determined by the manner in which the investors were advised or approached by the sales representative, or the alleged mis-information given to the investors.

You can click here to read the full Petition and sign it, if you agree with it:

http://www.petitiononline.com/PRCHP1/petition.html
Posted by Tan Kin Lian at 8:41 PM
 
Friday, October 31, 2008
Buy Government Bonds through ATM
This information is preliminary. It has not been verified.

Hi Mr Tan,

UOB, DBS & OCBC are working closely with MAS to launch this project in Mar/Apr 2009 (delayed from earlier schedule to launch in Nov 2008).

Under current system, individual investors must go to selected banks to submit paper document to buy Singapore Government Bills & Bonds (SGBB).

The new system will allow individual investors with UOB/DBS/OCBC’s ATM to bid for SGBB through ATM machines.

Investors can bid for minimum face value of $1,000 SGBB, up to $1 mil for Bill and up to $2 mil for Bond for each issue.

The maturity period for Bills are 3 months or 1 year.

The maturity period for Bonds (both zero-coupon or with-coupon bonds) are available for 2, 3, 5, 7, 10, 15 and 20 year-term-maturity period.

MAS will announce the winners of the bidding process and all SGBB will be credited to investors’ CDP account.
 
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