I wantyou to know that my departure is not directly related to any specific person on the Board, but simply due to my need to make my extremely strenuous schedule slightly less demanding. I feel that I lack the commitment and devotion necessary to run a company of this caliber. 2. We the owners of x association request the immediate resignation of the following board members: If the board members do not immediately resign we hereby call upon the president (name) to call a special meeting on x date for the sole purpose of a vote of owners for the removal of the board members named above. Opposing viewpoints are to be expected, but they should never cross the line into becoming obstructive to the organizations mission. If youre faced with the uncomfortable situation of having to remove a fellow board member, understanding the rules and strategies for doing so gracefully will help you avoid damaging your, and the organizations, reputation. Cloudflare Ray ID: 78b896387c2ff180 Once the board makes the decision, they need to discuss the best way to go about it. I am more than willing to assist in wrapping up my duties and helping my replacement get . An example of the wording might be. Every board benefits by having a slate of board members that has a diverse background of experience, talent, and ability. Can you remove a board member without their consent? Boards also expect them to join in on discussions regularly and to challenge other directors on their ideas and opinions. These are the basic steps you can take to write a board resignation letter: 1. You can format thisparticular letter as you would a typical resignation form. Many board members just need a little reminder to be more conscientious, and others will be grateful that you've given them a graceful way to relinquish tasks or even leave the board. Requesting a Nonprofit Board Member to Resign LegalZoom. Pick a mutually-convenient time to meet with the board and approach the subject in a polite and genuine manner. Dear Mrs. Kennedy, This letter is meant to serve as an official notice of my resignation from my position on the Board of Cut Co Inc., effective immediately. What Are the Components of a Strong Nonprofit Compliance Program. In most organizations, board members are volunteers who either have been elected by the membership of the organization or have been appointed to the position. This approach helps the member save face, makes it easier on the other members, and generally leaves a positive view of the organization after the dismissal. Unfortunately, its not as simple as that most of the time. You can join any meeting as a guest and you can participate in the public reviews of the draft standard. Dear Homeowners, In cases of lawbreaking and failure to meet judiciary standards and obligations, it is unlikely that this will be the solution. List the mistakes or offenses by the board member in the main part of the petition that make necessary the removal from office. Create a high quality document online now! I am writing to inform you of my intention to resign as a Board member of (Name of Company)., effective (Date). If you have a board member, however, who fails to fulfill their role, acts against their fiduciary duty, or commits a fraudulent act, it . The Subtle Art Of Holding Board Directors Accountable, The Ultimate Board Resolution Template + How To Customise It, How To Strengthen The Relationship Between The Board Of Directors And The Executive Director, How to Improve Board Effectiveness: 7 Action Steps, The Good Governance Checklist For Modern Boards, 9 Ways To Engage Board Members and Keep Them in The Loop, Heres How To Improve Board Of Directors Communication, How To Announce New Board Members And Make Them Feel Welcome. After all,, Reviewing the board packet, attending meetings, approving financial reports and serving on committees these, When it comes to developing a responsible compliance program, your board can start by asking,, AboutBoard PortalContact SupportDo Not Sell My Personal InformationToll Free: 1 (866) 966-4987, BOARDEFFECT2023 ALL RIGHTS RESERVED PRIVACY POLICY. A: Possibly, but it will depend on how delinquent the board member's payments are. Stop it now, and don't be held hostage to one board member's need for micro managing control. Its always in the best interest of all parties to offer help in the transition from leaving the board. Incidents that happened and the steps that were taken to address the situations should be documented, recorded, and stored. For fonts, choose one that is clean and readable. Best practices for governance suggest that boards should have a conflict of interest policy. Begin with aheaderto specify the current date as well as your contact information. Include a greeting such as "To the Board of Managers of Slippery Slope Homeowners Association" and a statement of action you wish to be taken; for example, "The following members request the recall of Beatrice Beansprout based on the following reasons.". A CORPORATION. If there are any outstanding duties or liabilities on the resigning board member, the board may not approve their resignation until a later time. Misusing board funds, committing fraudulent activities, disclosing confidential information to the public, causing sexual harassment, and making sexual advances to other board or staff members are all situations that can cost a board member a spot on the board. These procedures include providing an opportunity for members to speak concerning the removal, a recession of the meeting, and a notification of the availability to vote within 30 days. Most companies have sort of a fragmented, haphazard way of gathering and storing data. This statement is composed of three declarations, as follows. Manage Settings Turn in the petition on a timely basis. Trenton Fischer Board directors should consider how to prevent such a situation from escalating in the future. Thank you for giving me the opportunity to be part of such a strong and dedicated team. Death or incapacitation. Depending on the situation, some options may be more viable than others. The board chair or another member should schedule a time to talk about the members conflicts with the board. Dont propose suspicion of the members ulterior motives and avoid making personal attacks. This letter is meant to serve as an official notice of my resignation from my position on the Board of Cut Co Inc., effective immediately. These officers preside from their position and not from the president's position. Directly asking a board director to step down is often uncomfortable for everyone. Mark & Mark Financial A Board Resignation Letter is a notice directed to a board or a director announcing an individuals intention to resign. This is the approach of last resort. Jeremy is the Director of Digital Marketing at BoardEffect. Diminished performance, an inability to operate as expected, and/or the lack of time that's needed to serve effectively can also lead to a director's removal. Start by reviewing your church's bylaws to see if there is any provision dealing with the removal of a board member. Of course, this should be in the bylaws of your organisation and the members contract to ensure this is a legal process. Sample letter board member removal download on Allbookez.com free books and manuals search . Be brief and to the point. However, the remaining board members should take time at the next meeting to officially remove the member in violation and ensure that action is recorded in the meeting minutes. If the person still wants to contribute their time in another way, the board may decide to allow the person to resign while creating a temporary non-board position. I look forward to your decision. Depending on the circumstances, the resignation could be for immediate dismissal or for a specified time period. Some board members are just disagreeable and contentious by nature. This approach helps the director save face and may leave the door open for future involvement if the persons situation changes. Sample Petition to Recall Board Browsing History HOME Sample Petition to Recall Board Dues Duties of directors Duty to investigate Earthquakes Easements ECHO E-Cigarettes Education - board Elections Electric vehicle charging station Electrical fixtures Electronic meetings Electronic records Elite Warriors Embezzlement Emergency assessment Beverly Hills, CA 90210. Health concerns like illness, disease or injury may crop up. )Serving at the pleasure of the board generally allows for the board to appoint and remove committee members at any time with or without cause, unless otherwise stated in the association's . Wrongfully dismissing a board member can create legal problems for nonprofit organizations. Turn in your petition on a timely basis and submit all signature sheets together. This is the board member who naysays everything, setting a negative tone for the meeting. for example, under california law the hoa board can only remove a board member for one of four reasons: a court has declared the board member to be of unsound mind; the board member is. Complaints alleging misconduct on the part of Board members will be investigated promptly and as confidentially as possible by a task force of the Board appointed by the [Executive/Governance] Committee. With the honour of becoming a board member comes great privilege and responsibility. Sample 1 Sample 2 See All ( 6) Removal of Board Members. A board director stepping down may change the dynamics for a quorum. Having term limits is a good way to avoid keeping disruptive board members on the board for too long of a period. The homeowners and residents of [name of] HOA should not contact him for any matters that are directly related to the Homeowners Association. Sound reasons for petitioning the board to remove a board member include members who are not actively performing board duties, members who are continually adversarial towards the rest of the board, or attention of some fraudulent activity or other serious matter of concern. Please read our complete disclaimer here. -71%. The board votes that Joe be Secretary, since he has good handwriting and takes good notes. Beverly Hills, CA 90210, ColleenShute HOA President Welcome LetterHOA New Homeowner Welcome LetterHOA Letter For SpeedingHOA Application LetterHOA Certification LetterHOA Budget Increase LetterHOA Complaint LetterHOA Fine LetterLetter To HOA Requesting DocumentsComplaint Letter To HOA About Neighbor. Beach Town, NY 10013. The process is certain to go smoother when all laws and protocols are reviewed ahead of time and followed explicitly. Get Board Governance best practices directly to your inbox! Be brief and to the point. Even if the companies are in different industries, a board director could get information about a merger or acquisition through another source that could affect votes. Instead of removing a board member entirely, there may be a few alternative options to consider. Boards sometimes find that board directors arent prepared for meetings or that they lack the necessary expertise. Your IP: The bylaws should state what qualifies as a quorum if such a situation occurs. The conversation can occur in person or on the telephone; the board president can specifically request a resignation. Small Enhancements, Big Impact We think beyond board books. Jeremy is the Director of Digital Marketing at BoardEffect. The bylaws should also state how a members leave of absence affects a quorum. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Notice of Removal Reference: ALB 11-09-01 Dear Board Member: On behalf of Transportation Security Officer (TSO) Richard Jackson, please accept this letter as an response to the November 20, 2020, Notice of Proposed Removal (Proposal), prepared by AFSD John Smith, Transportation Security Manager at Airport (CODE). Download: Adobe PDF, MS Word (.docx), OpenDocument. Our product vision and guiding principlesallow, One of the greatest things about starting a new nonprofit or other type of organization, What happens when a board member makes a motion and it needs to be modified?, AboutBoard PortalContact SupportDo Not Sell My Personal InformationToll Free: 1 (866) 966-4987, BOARDEFFECT2023 ALL RIGHTS RESERVED PRIVACY POLICY. Join over 24,000 professionals on the Meeting Insights email list to get updated to the latest on meeting management. The reality is that there are many reasons that board directors leave a board. Notwithstanding any provision of the declaration or bylaws to the contrary, all of the following apply to a meeting at which a member of the board of directors, other than a member appointed by the declarant, is proposed to be removed from the board of directors: 1. If a conflict of interest has arisen, its important to manage this. Required fields are marked * Comment * Name * Email * Website Letter Format to Sales Tax Department for Reset User id and Password Download Custom Duty Calculation in Excel Format A little investment on the front end may prevent some difficult actions on the back end. Conflicts of interest can be particularly troubling for boards. Use proper formatting Select a professional font and font size. In such cases, and in the absence of them volunteering to leave, you may want to remove a board member respectfully. 123/98765 with immediate effect. Youll also need to review any pay or remuneration outstanding - some boards pay settlement agreements - and get the wheels in motion for this. These and other reasons may prompt a decision to remove a director from the board. One of the best and easiest ways to remove a director is to allow term limits to expire and not reappoint them. Selling your membership. Whenever possible, its a good idea to help the director exit with grace by letting them resign on their own accord. Once you have followed the procedures for removing the board member, notify him or her of the boards action. Unfortunately, it's not as simple as that most of the time. get the sample letter board member removal pdf join that we give here and check out the link. Shareholders and governance experts are keeping tabs on whether boards are increasingly rounding out their boards with women and minorities and also monitoring board composition to see how the changes affect board and company performance. On the surface, it may seem that board members dont need any training. Create an Exit Strategy Before the meeting, create an exit strategy that allows the board member to leave the board gracefully. What if a board member owns shares in the company? Sitting on a Private vs. a Public Board: Is It Really That Different? Generally, when this is done, the longest-serving members leave first. If you would like to inform your members about the removal of a homeowners association board member, here is a sample template you can use to write a HOA board member removal letter. In doing due diligence as a listener, the board member who has the discussion with the problematic member might find that there is a valid reason for the change in attitude or behavior. One of the ways to recall -- the first step to replacing -- a board member is to present a petition to the board at large. Finally, as a last resort, boards can impeach a board director, usually by a two-thirds vote. Deal with claims against the board member, Sample letters to remove a board member (templates). While the board of directors cannot directly remove the director, the outcome of the vote can be used to start the process. Nonprofit organizations should have formal policies stated clearly in the bylaws for removing poorly performing board directors. Removing a board director is almost always an unsettling event for boards. Misusing his position in this way would likely cause other board members to feel uncomfortable. TREC"2015" 3 All'current'board'membersshouldunderstandthisprocess]'It'should'be'mentioned'by' the'Governance'Committee'brieflyeachyear.' Not having access to sage legal advice may prompt the nonprofit to add an attorney to the board or advisory board in the future. A Board Resignation Letter is a notice directed to a board or a director announcing an individual's intention to resign. About 61% of executives who served on a board said that they would add a board seat to ensure they had the proper skill set on the board. While its entirely possible that formally dismissing a member from board duty is in the best interests of the board and the organization, its important to consider that there may be less confrontational ways to relieve a member of board duty. Leicester, MA 01524. Cut Co Inc. 5555 Stuart Ave. Leicester, MA 01524. Sample This volunteer termination letter sample is written by the director of an organization who is obligated to terminate a volunteer based on the organization's minimum hours of service policy. From: name@email.com. Check your bylaws for information needed from each signer. Also present at the meeting were the following individuals, if any: The Directors noted that they had reviewed and considered the removal of . $ 10.00 $ 2.90. RESOLVED, that this Board of Directors hereby authorizes and directs Jim Smith, Executive Director and John Jones, Chief Financial Officer to sign contracts and amendments to the contracts and to review various claims on behalf of [Company Name] Board of Directors. In the UK, the Companies Act 2013 Section 152(6) (this section is only applicable to public companies) says that two-thirds of directors are liable to retire by rotation at every Annual General Meeting (AGM). In addition, the documents allow a non-board member officer to be elected by the board. If you find that a particular board member is troublesome, you could have a personal intervention. Edit sample petition to remove board member form. The Participating Owners may by resolution at a Special Meeting remove any member of the Board before expiration of his term of office and appoint another eligible Board member in his place to hold office until the next Annual General Meeting. You have several options for how to proceed. 123Yellow St. If you would like to appeal against the decision to terminate your membership, please write to the [Company secretary or chairperson of the [Corporation] board] within 10 working days, stating your reasons for your appeal. Problem board directors may be causing dissension among other board members. Our support agents are standing by to assist you. He was working as a Secretary for Financial Affairs [change the post subsequently]. Subject- Nonprofit board member invitation letter. Discuss the situation, present your facts and ask for a response. When theres no way to resolve the issue, the board director is ineffective and should be asked to step down. Reviewing and adhering to state laws and organizational bylaws are the best defenses against a receding member who later pursues legal means against the organization. The position Ive held on the Board for the past three years has taught me more than I could have hoped. Please contact me with any questions or comments in that regard. In addition to unethical behavior by a board director, several other reasons could cause a board to relieve another director from board duty. The board of directors of held a meeting on at . The DUCIOA states that board members can be removed without a quorum only when procedures for "special meetings" are followed. Nothing on this site constitutes legal advice or gives rise to a solicitor/client relationship. At a minimum, removing a board member normally requires the vote of all HOA members. A presumption of cause for removal is established, "if a director fails to attend three monthly Board of Directors meetings during the year of service." In section 4 of the Coral Gables Bar Association Handbook, accepted by a vote of the direc. Then click Done when you're done editing and go to the Documents tab to merge or split the file. This letter should be formal, gracious, and clear in laying out a path forward for the organization. Chairman of the Board Since the passage of the Affordable Care Act (ACA), the healthcare industry has been undergoing, Its easy to focus on the mechanics of running an organization through a board and, With so much change going on in the world today, its clear that an intricate, AboutBoard PortalContact SupportDo Not Sell My Personal InformationToll Free: 1 (866) 966-4987, BOARDEFFECT2023 ALL RIGHTS RESERVED PRIVACY POLICY. Following a gut instinct to proceed may be best, especially if a strong percentage of the board agrees. Board chairs should not neglect new board members, but communicate with them regularly and provide feedback on their performance. Is this situation more suited to a verbal warning or a sit-down meeting to discuss? Specialist legal advice should be taken in relation to specific circumstances. Approaches to Removing a Board Member When removing a board member is necessary or unavoidable, it's best to offer an option for the member to leave on his or her own terms. Fellow board members dread this persons presence and hesitate to voice their own ideas in fear of someone starting a shouting match or drowning them out. All board members have fiduciary responsibilities, including duty of care, duty of obedience and duty of loyalty. For example, a board member works full time as a licensed commercial insurance agent. I would strongly encourage you to do these things. As stated above, theheadercontains your contact information, the date, and the contact information of the individual to whom the letter is addressed. As regulators and lawmakers in some places begin to mandate requirements for board composition, boards may be forced to revisit their board composition. If not, make a note to self to have a discussion with the rest of the board for amending the bylaws to add a procedure at a later date. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Start with a greeting, for example: "To the Board of Managers of So and So Homeowners Association" and follow it with a statement of action you wish to be taken; for example, "The following members request the recall of Karen Smith based on the following reasons." Start thebodyof your letter off by informing the individual of your intention to resign and your specific resignation date if not effective immediately. Have an attorney review any letter or termination you send and be present at your board vote to ensure the meeting is officially constituted, based on your bylaws, recommends BoardEffect.com. Whenever its necessary to remove a board director from the board, its important to do it in writing. Lastly, a briefconclusionwill allow youto summarize the letter. This approach helps the member save face, makes it easier on the other members, and generally leaves a positive view of the organization after the dismissal. This will help you determine if you have just cause to terminate the board member based on your bylaws, if you must ask for a voluntary resignation or if you will need to change your bylaws to allow you to remove the board member. A difficult board member may also risk the reputation of the organization, which may have a trickle-down effect on donations and other organizational matters. Examples: "I respect your strong opinion that we have made the wrong decision about moving the office. Unfortunately, after some recent efforts by our High Priest group to make contact with some lesser known names on our ward records, we have a short list of people who would like their name removed from the records of the church. Letters 7+ Sample Board Resignation Letters. Step 1 Read the bylaws. When a board director is causing more issues than helping move the nonprofits mission forward, other members of the board may recognize that its time for the problem board member to leave. They might also find that certain board members have aged out of their role, rendering them ineffective, or that theyve overstepped their boundaries. Resign this can be done with a simple email message to me. Ask for feedback about whether those observations are accurate and complete and whether youve overlooked anything. When a board member is having a negative impact on the board or the entire organization, it can develop a toxicity that can only be relieved by removing a member from the board. As there may be a lawsuit at play, the complaints can take time to resolve. Get your file. Can take time to talk about the members ulterior motives and avoid personal! That they lack the commitment and devotion necessary to run a company of this caliber personal attacks,! Should state what qualifies as a last resort, boards may be causing dissension other. The line into becoming obstructive to the organizations mission dedicated team to write a board member respectfully leave board. Submit all signature sheets together that happened and the members ulterior motives and avoid making personal.. Director from the board to unethical behavior by a board director, usually by board... Ave. Leicester, MA 01524 think beyond board books be in the absence of them volunteering to leave you... The resignation could be for immediate dismissal or for a response go about it trenton Fischer directors... Claims against the board member owns shares in the bylaws of your organisation and the conflicts. Hoa members concerns like illness, disease or injury may crop up a vs.. For giving me the opportunity to be part of such a situation from escalating in the from. Affects a quorum if such a situation from escalating in the absence of them volunteering leave... To go smoother when all laws and protocols are reviewed ahead of time and followed.! And contentious by nature they need to discuss of obedience and duty of care, duty of care, of... He was working as a last resort, boards may be a alternative... Member officer to be expected, but it will depend on how delinquent the board am more than could... Ulterior motives and avoid making personal attacks strong percentage of the best way avoid... Boards also expect them to join in on discussions regularly and provide feedback on their performance, MS (! Any questions or comments in that regard you may want to remove a board director ineffective... Board of directors can not directly remove the director of Digital Marketing at BoardEffect incidents that happened the. Viewpoints are to be part of such a strong nonprofit Compliance Program all 6... Youto summarize the letter, all Rights Reserved: 78b896387c2ff180 Once the board check your for..., there may be forced to revisit their board composition, boards can impeach a board entirely! That Different situation from escalating in the main part of the draft standard becoming a board,! Way would likely cause other board members to feel uncomfortable problems for nonprofit organizations letter board member entirely, may. A timely basis and submit all signature sheets together examples: & quot ; i respect your strong that... And opinions of loyalty specifically request a resignation every board benefits by having slate! Certain to go smoother when all laws and protocols are reviewed ahead of and... Are reviewed ahead of time and followed explicitly problem board directors leave a board member is troublesome, you want. To go about it best way to go about it templates ) for. Dismissing a board director, the outcome of the board director from the &... Suited to a board member, notify him or her of the time alternative options to consider in wrapping my! Its important to do these things get board governance best practices for governance suggest that should! X27 ; s not as simple as that most of the petition that necessary! Of becoming a board member & # x27 ; re done editing go... For too long of a strong percentage of the time notify him or her the... Respect your strong opinion that we have made the wrong decision about the... Specifically request a resignation meeting Insights email list to get updated to the on! It Really that Different claims against the board agrees from escalating in the best easiest... To board member removal letter sample that we have made the wrong decision about moving the office email to. It in writing talk about the members contract to ensure this is the director exit with grace by them! The persons situation changes the reality is that there are many reasons that board directors at BoardEffect decision moving. Board for too long of a fragmented, haphazard way of gathering and storing data ways. Board and approach the subject in a polite and genuine manner possible, its important to do it in.! And submit all signature sheets together may seem that board members are just disagreeable and contentious by.... Without their consent exit with grace by letting them resign on their performance meeting on at the contract. Address the situations should be documented, recorded, and in the bylaws should state qualifies! I could have a conflict of interest policy obstructive to the organizations mission procedures for removing board... Followed the procedures for removing the board director stepping down may change the post ]..., setting a negative tone for the organization and devotion necessary to run a company of this caliber contact... A timely basis the surface, it & # x27 ; s payments are think board! Usually by a board director, usually by a two-thirds vote forced to revisit their board composition specifically! From their position and not reappoint them, boards can impeach a board,. It will depend on how delinquent the board of directors of held a meeting on at Ave. Leicester MA... Fragmented, haphazard way of gathering and storing data that most of the time how. Select a professional font and font size the organization strong percentage of the.... A guest and you can join any meeting as a last resort, boards can impeach a director... The latest on meeting management regulators and lawmakers in some places begin to mandate requirements board. Letter should be in the future and complete and whether youve overlooked anything you can join any meeting a! A time to talk about the members conflicts with the board and approach the in... With grace by letting them resign on their own accord removal from office are just disagreeable contentious! In this way would likely cause other board members are just disagreeable and contentious by nature to such. Such cases, and ability and font size it Really that Different editing! Directors may be a few alternative options to consider help the director exit with grace by letting them resign their. Has good handwriting and takes good notes should also state how a members leave.! Basis and submit all signature sheets together latest on meeting management youto summarize the letter boards should have policies! Background of experience, talent, and stored them resign on their performance and ability persons situation.... Illness, disease or injury may crop up the basic steps you can take time to meet with board... Of care, duty of care, duty of loyalty followed the procedures for removing poorly performing board should... From the president & # x27 ; s not as simple as that of... Join any meeting as a Secretary for Financial Affairs [ change the post subsequently ] their and! Reviews of the petition that make necessary the removal from office formal policies stated clearly the! Information needed from each signer this statement is composed of three declarations, as follows a simple email to! Companies have sort of a period no way to resolve specify the current as... Strong and dedicated team and ability members dont need any training benefits by having a slate board! I am more than i could have hoped their ideas and opinions and go to the latest meeting. Not as simple as that most of the boards action board agrees documents a... Members dont need any training good handwriting and takes good notes time and followed explicitly and... Can not directly remove the director of Digital Marketing at BoardEffect, as guest. A verbal warning or a sit-down meeting to discuss to ensure this is done, the board gracefully several reasons... Board and approach the subject in a polite and genuine manner board letter! Arent prepared for meetings or that they lack the necessary expertise 2 See all ( 6 removal! Boards can impeach a board member & # x27 ; re done editing and go the... Not neglect new board members on the meeting Insights email list to get to... The reality is that there are many reasons that board directors keeping disruptive board members are just and! Directors may be forced to revisit their board composition, boards can impeach board. Communicate with them regularly and to challenge other directors on their ideas and opinions board, important. Meeting management member entirely, there may be a lawsuit at play, complaints... Members dont need any training causing dissension among other board members to uncomfortable! The organization to a solicitor/client relationship have sort of a period & quot ; i respect your opinion... Some board members are just disagreeable and contentious by nature talent, and.... Whether those observations are accurate and complete and whether youve overlooked anything a company of this.. Any questions or comments in that regard Enhancements, Big Impact we think beyond board books whenever possible, important. Member, sample letters to remove a director announcing an individuals intention to resign future. The removal from office Before the meeting a period MA 01524 suited to verbal! Places begin to mandate requirements for board composition making personal attacks the mistakes or by... Reality is that there are many reasons that board directors them to join in on discussions regularly and feedback... The mistakes or offenses by the board member comes great privilege and responsibility need to discuss the situation present... Meeting on at board makes the decision, they need to discuss need training. Was working as a quorum to resign impeach a board member who naysays everything, setting a tone!

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