Morocco - Doing Business

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Doing Business 2020MoroccoEconomy ProfileMoroccoPage 1

Doing Business 2020MoroccoEconomy Profile of MoroccoDoing Business 2020 Indicators(in order of appearance in the document)Starting a businessProcedures, time, cost and paid-in minimum capital to start a limited liability companyDealing with construction permitsProcedures, time and cost to complete all formalities to build a warehouse and the quality control and safetymechanisms in the construction permitting systemGetting electricityProcedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and thetransparency of tariffsRegistering propertyProcedures, time and cost to transfer a property and the quality of the land administration systemGetting creditMovable collateral laws and credit information systemsProtecting minority investorsMinority shareholders’ rights in related-party transactions and in corporate governancePaying taxesPayments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as postfilingprocessesTrading across bordersTime and cost to export the product of comparative advantage and import auto partsEnforcing contractsTime and cost to resolve a commercial dispute and the quality of judicial processesResolving insolvencyTime, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework forinsolvencyEmploying workersFlexibility in employment regulation and redundancy costPage 2

Doing Business 2020MoroccoAbout Doing BusinessThe Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational andregional level.The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their lifecycle.Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation forstarting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading acrossborders, enforcing contracts and resolving insolvency. Doing Business also measures features of employing workers. Although Doing Business does not present rankingsof economies on the employing workers indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it doespresent the data for these indicators.By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourageseconomies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sectorresearchers and others interested in the business climate of each economy.In addition, Doing Business offers detailed subnational studies, which exhaustively cover business regulation and reform in different cities and regions within a nation.These studies provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selectedcities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked.The first Doing Business study, published in 2003, covered 5 indicator sets and 133 economies. This year’s study covers 11 indicator sets and 190 economies. Mostindicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013(Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected datafor the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited fromfeedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving theregulatory environment for business around the world.To learn more about Doing Business please visit doingbusiness.orgPage 3

Doing Business 2020MoroccoEase of Doing Business inMoroccoRegionMiddle East & North AfricaIncome CategoryLower middle incomePopulation36,029,138City CoveredCasablancaDB RANKDB SCORE5373.4Rankings on Doing Business topics - sResolvingInsolvencyTopic Scores93.083.287.3Starting a Business (rank)Score of starting a business (0-100)65.845.04393.070.0Getting Credit (rank)Score of getting credit (0-100)87.285.611945.063.7Trading across Borders (rank)Score of trading across borders (0-100)Procedures (number)4Strength of legal rights index (0-12)2Time to exportTime (days)9Depth of credit information index (0-8)7Documentary compliance (hours)Cost (number)3.6Credit registry coverage (% of adults)0.0Paid-in min. capital (% of income per capita)0.0Credit bureau coverage (% of adults)31.6Dealing with Construction Permits (rank)16Protecting Minority Investors (rank)Border compliance (hours)Score of dealing with construction permits (0-100)83.2Score of protecting minority investors (0-100)70.05885.6266Cost to exportDocumentary compliance (USD)3752.9Border compliance (USD)67156Time to exportProcedures (number)12Extent of disclosure index (0-10)9.0Documentary compliance (hours)26Time (days)58Extent of director liability index (0-10)2.0Border compliance (hours)57Cost (% of warehouse value)3.3Ease of shareholder suits index (0-10)7.0Cost to export13.0Extent of shareholder rights index (0-6)6.0Documentary compliance (USD)116Extent of ownership and control index (0-7)5.0Border compliance (USD)228Extent of corporate transparency index (0-7)6.0Paying Taxes (rank)24Building quality control index (0-15)Getting Electricity (rank)Score of getting electricity (0-100)Procedures (number)Time (days)Cost (% of income per capita)Reliability of supply and transparency of tariff index (0-8)Registering Property (rank)Score of registering property (0-100)Procedures (number)3487.34311,308.878165.86Enforcing Contracts (rank)Score of paying taxes (0-100)Payments (number per year)87.26Time (hours per year)155Total tax and contribution rate (% of profit)45.8Postfiling index (0-100)98.6Score of enforcing contracts (0-100)Time (days)510Cost (% of claim value)26.5Quality of judicial processes index (0-18)Resolving Insolvency (rank)7352.9Recovery rate (cents on the dollar)28.720Time (years)Cost (% of property value)6.4Cost (% of estate)17.09.5Score of resolving insolvency (0-100)Time (days)Quality of the land administration index (0-30)6063.73.518.0Outcome (0 as piecemeal sale and 1 as goingconcern)0Strength of insolvency framework index (0-16)12.0Page 4

Doing Business 2020MoroccoStarting a BusinessThis topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up andformally operate in each economy’s largest business city.To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement ofoperations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that onecompany is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting theirscores for starting a business. These scores are the simple average of the scores for each of the component indicators.The most recent round of data collection for the project was completed in May 2019. See the methodology for more information.What the indicators measureProcedures to legally start and formally operate a company(number) Preregistration (for example, name verification or reservation,notarization) Registration in the economy’s largest business city Postregistration (for example, social security registration,company seal) Obtaining approval from spouse to start a business or to leavethe home to register the company Obtaining any gender specific document for companyregistration and operation or national identification cardTime required to complete each procedure (calendar days) Does not include time spent gathering information Each procedure starts on a separate day (2 procedures cannotstart on the same day) Procedures fully completed online are recorded as ½ day Procedure is considered completed once final document isreceived No prior contact with officialsCost required to complete each procedure (% of income percapita) Official costs only, no bribes No professional fees unless services required by law orcommonly used in practicePaid-in minimum capital (% of income per capita) Funds deposited in a bank or with third party before registrationor up to 3 months after incorporationCase study assumptionsTo make the data comparable across economies, several assumptions about the business and theprocedures are used. It is assumed that any required information is readily available and that theentrepreneur will pay no bribes.The business:-Is a limited liability company (or its legal equivalent). If there is more than one type of limitedliability company in the economy, the limited liability form most common among domestic firms ischosen. Information on the most common form is obtained from incorporation lawyers or thestatistical office.-Operates in the economy’s largest business city. For 11 economies the data are also collected forthe second largest business city.-Performs general industrial or commercial activities such as the production or sale to the public ofgoods or services. The business does not perform foreign trade activities and does not handleproducts subject to a special tax regime, for example, liquor or tobacco. It is not using heavilypolluting production processes.-Does not qualify for investment incentives or any special benefits.-Is 100% domestically owned.-Has five business owners, none of whom is a legal entity. One business owner holds 30% of thecompany shares, two owners have 20% of shares each, and two owners have 15% of shareseach.-Is managed by one local director.-Has between 10 and 50 employees one month after the commencement of operations, all of themdomestic nationals.-Has start-up capital of 10 times income per capita.-Has an estimated turnover of at least 100 times income per capita.-Leases the commercial plant or offices and is not a proprietor of real estate.-Has an annual lease for the office space equivalent to one income per capita.-Is in an office space of approximately 929 square meters (10,000 square feet).-Has a company deed that is 10 pages long.The owners:-Have reached the legal age of majority and are capable of making decisions as an adult. If thereis no legal age of majority, they are assumed to be 30 years old.-Are in good health and have no criminal record.-Are married, the marriage is monogamous and registered with the authorities.-Where the answer differs according to the legal system applicable to the woman or man inquestion (as may be the case in economies where there is legal plurality), the answer used will bethe one that applies to the majority of the population.Page 5

Doing Business 2020MoroccoStarting a Business - MoroccoStandardized CompanyLegal formSociété à Responsabilité Limitée (SARL)Paid-in minimum capital requirementNo minimumCity CoveredCasablancaIndicatorMoroccoMiddle East &North AfricaOECD highincomeBest RegulatoryPerformanceProcedure – Men (number)46.54.91 (2 Economies)Time – Men (days)919.79.20.5 (New Zealand)Cost – Men (% of income per capita)3.616.73.00.0 (2 Economies)Procedure – Women (number)47.14.91 (2 Economies)Time – Women (days)920.39.20.5 (New Zealand)Cost – Women (% of income per capita)3.616.73.00.0 (2 Economies)Paid-in min. capital (% of income per capita)0.08.97.60.0 (120 Economies)Figure – Starting a Business in Morocco – Score82.491.598.2100.0ProceduresTimeCostPaid-in min. capitalFigure – Starting a Business in Morocco and comparator economies – Ranking and ScoreDB 2020 Starting a Business Score010093.1: France (Rank: 37)93.0: Morocco (Rank: 43)87.8: Egypt, Arab Rep. (Rank: 90)86.9: Spain (Rank: 97)84.0: Regional Average (Middle East & North Africa)78.0: Algeria (Rank: 152)Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average ofthe scores for each of the component indicators.Page 6

Doing Business 2020MoroccoFigure – Starting a Business in Morocco – Procedure, Time and CostTime (days)Cost (% of income per capita)932.5Time (days)76251.54312Cost (% of income per capita)80.5100123*4Procedures (number)* This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the proceduresreflected here, see the summary below.Page 7

Doing Business 2020MoroccoDetails – Starting a Business in Morocco – Procedure, Time and CostNo.12ProceduresTime to CompleteObtain a Certificate of availability of the company name (Certificat Négatif)Agency : Regional Investment Center (Centre Regional d'Investissement)A certificate of availability of the company name must be obtained. One may apply for it in personor online at www.directompic.ma.Less than one dayRegister with the Tribunal of Commerce, the Tax Authorities, Social Security and the patenttax at the Regional Investment Center (Centre Regional d'Investissement)Agency : Regional Investment Center (Centre Regional d'Investissement)The applicant can download a single registration form (formulaire unique declaration de créationd’entreprise) online. With the completed form, the applicant must file the incorporation documentsand pay the relevant fees at the Centre Regional d’Investissement (CRI).7 daysAssociated CostsDH 162(online procedure)DH350 (commercialregistry fee) DH200(registration fee) DH150publication fee (DH8-9/line in business paper, DH4/line)The CRI centralizes the following procedures:- Deposit of bylaws and registration at the Tribunal of Commerce and the Company Registrar- Business tax number (taxe professionnelle)- Two announcements: in a legal journal and in the Official Bulletin- Declaration of fiscal existence- Social security affiliation- Legalization of legal booksWhen submitting the form and all documents, the entrepreneur must include the text forpublication in both publications (that is, the legal newspaper and the Official Gazette). The textmust be in Arabic and typed. The CRI coordinates the publication process. Although theannouncement is published in the Official Gazette in 30 days, a receipt from submitting thepublication is enough for filing the registration documents with the Tribunal of Commerce.In about a week, the promoter receives the business tax (taxe professionnelle), the fiscalidentification, the commercial registration certificate, legal books, and the social securityregistration (CNSS registration). As a new service, the entrepreneur can request to be notified bytext message when the file is ready.34Make a company stampAgency : SealmakerThe company obtains a company seal from a sealmaker.1 dayDH 200Register the company's employees with Social Security (CNSS)Agency : Social Security Institute (Caisse Nationale de Sécurité Sociale - CNSS)Once the company has been incorporated, business founders must register the company'semployees with Social Security (Caisse Nationale de Sécurité Sociale - CNSS) . This can be donethrough a visit to CNSS' offices or online at the Damancom portal (http://www.damancom.ma/).Less than a day (onlineno chargeand simultaneous withprevious procedure)Takes place simultaneously with previous procedure.Page 8

Doing Business 2020MoroccoDealing with Construction PermitsThis topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications,requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the buildingquality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professionalcertification requirements. The most recent round of data collection was completed in May 2019. See the methodology for more informationWhat the indicators measureProcedures to legally build a warehouse (number) Submitting all relevant documents and obtaining all necessaryclearances, licenses, permits and certificates Submitting all required notifications and receiving all necessaryinspections Obtaining utility connections for water and sewerage Registering and selling the warehouse after its completionTime required to complete each procedure (calendar days) Does not include time spent gathering information Each procedure starts on a separate day—though proceduresthat can be fully completed online are an exception to this rule Procedure is considered completed once final document isreceived No prior contact with officialsCost required to complete each procedure (% of income percapita) Official costs only, no bribesBuilding quality control index (0-15) Quality of building regulations (0-2) Quality control before construction (0-1) Quality control during construction (0-3) Quality control after construction (0-3) Liability and insurance regimes (0-2) Professional certifications (0-4)Case study assumptionsTo make the data comparable across economies, several assumptions about the constructioncompany, the warehouse project and the utility connections are used.The construction company (BuildCo):- Is a limited liability company (or its legal equivalent) and operates in the economy’s largestbusiness city. For 11 economies the data are also collected for the second largest business city.- Is 100% domestically and privately owned; has five owners, none of whom is a legal entity. Has alicensed architect and a licensed engineer, both registered with the local association of architectsor engineers. BuildCo is not assumed to have any other employees who are technical or licensedexperts, such as geological or topographical experts.- Owns the land on which the warehouse will be built and will sell the warehouse upon itscompletion.The warehouse:- Will be used for general storage activities, such as storage of books or stationery.- Will have two stories, both above ground, with a total constructed area of approximately 1,300.6square meters (14,000 square feet). Each floor will be 3 meters (9 feet, 10 inches) high and will belocated on a land plot of approximately 929 square meters (10,000 square feet) that is 100%owned by BuildCo, and the warehouse is valued at 50 times income per capita.- Will have complete architectural and technical plans prepared by a licensed architect. Ifpreparation of the plans requires such steps as obtaining further documentation or getting priorapprovals from external agencies, these are counted as procedures.- Will take 30 weeks to construct (excluding all delays due to administrative and regulatoryrequirements).The water and sewerage connections:- Will be 150 meters (492 feet) from the existing water source and sewer tap. If there is no waterdelivery infrastructure in the economy, a borehole will be dug. If there is no sewerageinfrastructure, a septic tank in the smallest size available will be installed or built.- Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flowof 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day anda peak wastewater flow of 1,136 liters (300 gallons) a day.- Will have a constant level of water demand and wastewater flow throughout the year; will be 1inch in diameter for the water connection and 4 inches in diameter for the sewerage connection.Page 9

Doing Business 2020MoroccoDealing with Construction Permits - MoroccoStandardized WarehouseEstimated value of warehouseMAD 1,488,448.60City CoveredCasablancaIndicatorMoroccoMiddle East &North AfricaOECD highincomeBest RegulatoryPerformanceProcedures (number)1215.712.7None in 2018/19Time (days)58123.6152.3None in 2018/19Cost (% of warehouse value)3.34.41.5None in 2018/19Building quality control index (0-15)13.012.511.615.0 (6 Economies)Figure – Dealing with Construction Permits in Morocco – Score72.090.883.586.7ProceduresTimeCostBuilding quality control indexFigure – Dealing with Construction Permits in Morocco and comparator economies – Ranking and ScoreDB 2020 Dealing with Construction Permits Score010083.2: Morocco (Rank: 16)74.3: France (Rank: 52)71.2: Egypt, Arab Rep. (Rank: 74)70.8: Spain (Rank: 79)65.3: Algeria (Rank: 121)61.7: Regional Average (Middle East & North Africa)Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scoresare the simple average of the scores for each of the component indicators.Page 10

Doing Business 2020MoroccoFigure – Dealing with Construction Permits in Morocco – Procedure, Time and CostTime (days)Cost (% of warehouse value)502Time (days)401.530120Cost (% of warehouse value)2.50.5100012345678*9101112Procedures (number)* This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the proceduresreflected here, see the summary below.Page 11

Doing Business 2020MoroccoIndex scoreFigure – Dealing with Construction Permits in Morocco and comparator economies – Measure of fricaDetails – Dealing with Construction Permits in Morocco – Procedure, Time and CostNo.ProceduresTime to CompleteAssociated Costs1Obtain a copy of registration certificate and lot planAgency : Agence Nationale de Consérvation Foncière et du CadastreThe registration certificate and the lot plan contain the company name; the coordinates of the landplot, including north-south orientation; the registration number of the property title; the cadastralmap; and the situation plan.2 daysMAD 1252Obtain an urban certificate (note de renseignements)Agency : Land Registry (Agence Urbaine de Casablanca)The urban certificate specifies the intended purpose of the land. All documents obtained in theprevious procedure must be submitted along with a proof of ownership -- an extract from the landregistry.0.5 daysMAD 4503Submit scanned documents online and request building permitAgency : CasaUrbaThe architect will log in to CasaUrba (www.casaurba.ma) to obtain the list of required documentsfor his project. all required documents are scanned and uploaded in the system for verification ofcompleteness. Casaurba is only accessible to architects.0.5 daysMAD 30015 daysMAD 30,663Within 24 hours, the architect is informed if there are any missing documents.The cost is as follows: MAD 150 for small projects and MAD 300 for larger projects (including theDoing Business case study warehouse).4Pay taxes and obtain building permitAgency : Municipal Authority, Prefecture Authorities, Land Registry (Agence Urbaine) and FireDepartment (Protection Civile)The architect is required to upload all documents on the website casaurba.ma so that thecommission can review it. The request is electronically filed and an issuance date will beassigned. Once the commission has approved the application, the architect is informed byCasaUrba of the decision.The file submitted to obtain a building permit includes about eight architectural plans, land registryplans, the land ownership certificate provided by Land Registry, and application forms containinggeneral information about the construction project and a description of the construction project. Aset of the application file is sent to the Fire Department (Protection Civile), Prefecture Authorities,and Land Registry (Agence Urbaine), and LYDEC (Lyonnaise Des Eaux de Casablanca).Once the application is approved, the architect pays the fees at the municipality, after which thebuilding permit will be issued and sent electronically to the project owner.5Hire licensed technical supervisorAgency : Licensed Technical SupervisorA private “Bureau de controle” must be hired to conduct the inspections during construction.1 dayMAD 5,0006Notify Municipality of commencement of workAgency : MunicipalityAccording to Article 5 of Appendix 6, building permit sample, issued in the Decree Nº2-13-424 ofMay 24, 2013 and published in the Official Gazette No. 6174 of 1 August 2013 "the applicant isrequired to inform the relevant departments of the municipality by mail within 48 hours of thecommencement of work. BuildCo informs the Commune through an ‘avis d’ouverture de chantier’of the commencement of construction.1 dayno charge7Receive random inspection from the controlleur de la commune (municipal inspector)Agency : MunicipalityThe Municipality will conduct one random inspection during the construction phase to verify thereis a construction permit.1 dayno chargePage 12

Doing Business 20208MoroccoArchitect submits completion of work report and obtains certificate of conformityAgency : MunicipalityIn November 2013, Morocco adopted Decree N 2-13-424 forming the General Code ofConstruction and the Joint Order N 3214.13. As a result of the decree, BuildCo no longer has toreceive a final inspection from the relevant government authorities. Instead, the architect must filea report (attestation) that the building has been built according to the approved plans.Following the submission of the final report, the architect will receive the certificate of conformitythrough the online platform.7 daysno chargeApply for water and sewerage connectionAgency : LYDEC (Lyonnaise Des Eaux Casablanca)As of June 2010 the request to be connected to water and sewage is done at the LYDEC(Lyonnaise Des Eaux de Casablanca) in one same dossier (file) after construction.1 dayno charge10Receive water and sewerage inspection from LYDECAgency : LYDEC (Lyonnaise Des Eaux Casablanca)LYDEC (Lyonnaise Des Eaux Casablanca) inspects the site to estimate the connection andinstallation costs.1 dayno charge11Obtain water and sewerage connectionAgency : LYDEC (Lyonnaise Des Eaux Casablanca)Once the inspection is done, LYDEC will provide the water and sewage connections22 daysMAD 5,00012Register the building with the Agence Nationale de Consérvation Foncière et du CadastreAgency : Agence Nationale de Consérvation Foncière et du CadastreAlthough not legally required, owners generally register the building with the Land Registry(Agence Nationale de Consérvation Foncière et du Cadastre) to increase the asset value. Noregistration for tax purposes is necessary. The cost is 0.5% of the declared value of theconstruction.7 daysMAD 7,4429Takes place simultaneously with previous procedure.Page 13

Doing Business 2020MoroccoDetails – Dealing with Construction Permits in Morocco – Measure of QualityAnswerScoreBuilding quality control index (0-15)13.0Quality of building regulations index (0-2)2.0How accessible are building laws and regulations in your economy? (0-1)Available online; Freeof charge; In officialgazette.1.0Which requirements for obtaining a building permit are clearly specified in the building regulations or on anyaccessible website, brochure or pamphlet? (0-1)List of requireddocuments; Fees tobe paid; Requiredpreapprovals.1.0Quality control before construction index (0-1)Which third-party entities are required by law to verify that the building plans are in compliance with existingbuilding regulations? (0-1)1.0Licensed architect.Quality control during construction index (0-3)1.02.0What types of inspections (if any) are required by law to be carried out during construction? (0-2)Inspections byexternal engineer orfirm; Unscheduledinspections;Inspections at variousphases.1.0Do legally mandated inspections occur in practice during construction? (0-1)Mandatoryinspections arealways done inpractice.1.0Quality control after construction index (0-3)3.0Is there a final inspection required by law to verify that the building was built in accordance with the approvedplans and regulations? (0-2)Yes, externalengineer submitsreport for finalinspection.2.0Do legally mandated final inspections occur in practice? (0-1)Final inspectionalways occurs inpractice.1.0Liability and insurance regimes index (0-2)2.0Which parties (if any) are held liable by law for structural flaws or problems in the building once it is in use(Latent Defect Liability or Decennial Liability)? (0-1)Architect or

The project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. Doing Business The project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business

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