law18109

Chapter 109

2018 -- S 2560 SUBSTITUTE A
Enacted 06/29/2018

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- NOTARIES PUBLIC AND JUSTICES OF THE PEACE

Introduced By: Senator Maryellen Goodwin

Date Introduced: March 01, 2018

It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 42-30 of the General Laws entitled "Notaries Public

and Justices of the Peace" is hereby amended to read as follows:

CHAPTER 42-30

Notaries Public and Justices of the Peace

CHAPTER 42-30

JUSTICES OF THE PEACE

SECTION 2. Sections 42-30-3, 42-30-4, 42-30-5, 42-30-7, 42-30-10 and 42-30-11 of the

General Laws in Chapter 42-30 entitled "Notaries Public and Justices of the Peace" are hereby

amended to read as follows:

42-30-3. Appointment of notaries and justices Appointment of justices.

The governor shall appoint as many notaries public for the state, and as many justices of

the peace for the several towns and cities, as he or she may deem expedient; and every notary

public and justice of the peace, so appointed, shall hold office for four (4) years.

42-30-4. Certificate of engagement -- Term of engagement.

(a) Except as otherwise provided, each notary public and justice of the peace shall, at the

time of receiving his or her commission, file with the secretary of state a certificate that he or she

has been duly engaged thereon, signed by the person before whom the engagement shall have

been taken, and the secretary of state shall, at the request of the notary public or justice of the

peace and upon payment of the actual cost thereof, issue a wallet-size identification card to such

the person.

(b) The term of engagement for each notary public and justice of the peace shall be for a

period of four (4) years.

42-30-5. Application for appointment.

(a) Application. Any individual desiring to be appointed a notary public, or a justice of

the peace, shall make written application to the governor over his or her own signature.

(b) Qualifications of applicants.:

(1) The Person person qualified for a notary public justice of the peace commission shall

be at least eighteen (18) years of age and reside legally or conduct business on a regular basis

within Rhode Island.; and

(2) The applicant for appointment to the office of notary public or justice of the peace can

speak, read, and write the English language and has sufficient knowledge of the powers and

duties pertaining to that office.

accountants under § 5-3.1-5, shall, regardless of residence, be appointed a notary public justice of

the peace upon application and presentment of a certified copy of his or her certificate of

admission to the bar or certificate of public accountancy.

(d) Any such person making written application to be appointed a notary public or justice

of the peace shall, at the time of application, pay to the secretary of state the sum of eighty dollars

($80.00).

42-30-7. Powers of notaries and justices Powers of justices.

The officers mentioned in §§ 42-30-3 -- 42-30-5, inclusive, shall possess all the powers

which that now are, or hereafter may be, conferred by law upon justices of the peace or notaries

public.

42-30-10. Removal of notaries, justices, and commissioners Removal of justices, and

commissioners.

Any notary public, justice of the peace or commissioner of deeds, appointed by the

governor, may be removed for cause by the governor, in his or her discretion, within the term for

which that officer shall have been appointed, after giving to that officer a copy of the charges

against him or her and an opportunity to be heard in his or her defense; provided, however, that

any notary public, justice of the peace or commissioner of deeds who is convicted of a felony and

incarcerated shall have his or her commission revoked. Said The notary public, justice of the

peace or commissioner of deeds shall not be eligible to apply for a new commission until his or

her voting rights are restored pursuant to R.I. Const., Art. II, Sec. 1.

42-30-11. Continuation of powers without reappointment.

Every justice of the peace and notary public appointed by the governor and not

reappointed, may continue to officiate for a space of thirty (30) days after the date on which his or

her commission expires.

SECTION 3. Sections 42-30-8, 42-30-9, 42-30-12, 42-30-13, 42-30-14, 42-30-15 and 42-

30-16 of the General Laws in Chapter 42-30 entitled "Notaries Public and Justices of the Peace"

are hereby repealed.

42-30-8. Powers of notaries.

Notaries public may, within this state, act, transact, do, and finish all matters and things

relating to protests and protesting bills of exchange and promissory notes, and all other matters

within their office required by law, take depositions as prescribed by law, and acknowledgments

of deeds and other instruments.

42-30-9. Lists of appointees -- Certificates of appointment.

It shall be the duty of the secretary of state to make a list of all notaries public and

justices of the peace appointed by the governor and duly qualified, and send a copy thereof to

each of the clerks of the supreme, superior, and family courts and to the clerks of the district

courts for the second, third, fourth, ninth, tenth, eleventh, and twelfth judicial districts, to be kept

in the files of those courts, and the clerks shall, upon application, issue certificates of office to the

person entitled thereto, and shall receive a fee of one dollar ($1.00) for every certificate.

42-30-12. Continuation of powers without new engagement.

Every such officer listed in § 42-30-14 who may be reappointed or continued in office,

may continue to officiate while in office without taking a new engagement.

42-30-13. Fees of notaries.

The fees of notaries public shall be as follows:

(1) For noting a marine protest, one dollar ($1.00);

(2) For drawing and extending a marine protest and recording it, one dollar and fifty cents

($1.50);

(3) For taking affidavits, twenty-five cents (25¢);

(4) For travel, per mile, ten cents (10¢);

(5) For taking acknowledgment of any instrument and affixing his seal, one dollar

($1.00);

(6) For the protest of a bill of exchange, order or draft, for non-acceptance or

nonpayment, or of a promissory note or check for nonpayment, if the amount thereof is five

hundred dollars ($500) or more, one dollar ($1.00), if it is less than five hundred dollars ($500),

for recording the same, fifty cents (50¢);

(7) For noting the non-acceptance or nonpayment of a bill of exchange, order or draft, or

the nonpayment of a promissory note or check, seventy-five cents (75¢); and

(8) For each notice of the non-acceptance or nonpayment of a bill, order, draft, check, or

note, given to a party liable for the payment thereof, twenty-five cents (25¢);

provided, that the whole cost of protest, including necessary notices and the record, shall

not exceed two dollars ($2.00), and the whole cost of noting, including notices, shall in no case

exceed one dollar and twenty-five cents ($1.25).

42-30-14. Public officers having notary powers.

(a) Every state senator, state representative, member of a city or town council, chief,

deputy, and assistant clerk of any state court, clerks of the board of canvassers, and worker's

compensation court, and municipal clerk and the board of canvassers registrar during the period

for which he or she has been elected or appointed, shall, upon completion of the certificate of

engagement as set forth in § 42-30-4, have the power to act as a notary public as provided in this

chapter.

(b) Two (2) police officers from each state and local police department, as identified in

writing by the chief of police, shall, upon completion of the certificate of engagement as set forth

in § 42-30-4, have the power to act as a notary public as provided in this chapter. No office holder

set forth in this section shall be required to pay the commission fee as provided in § 42-30-5. The

office holders must complete the certificate of engagement as set forth in § 42-30-4.

42-30-15. Fees for authentication of a notary public signature.

A fee of five dollars ($5.00) shall be charged and collected by the secretary of state for

the authentication or certification of the signature of a notary public. A fee of no more than one

hundred fifty dollars ($150) shall be charged and collected by the secretary of state for the

authentication or certification of the signature(s) of a notary public on all relevant documents

filed at one time which pertain to the same matter or transaction.

42-30-16. Notary public -- Fraud or deceit in office.

A notary public, who in the exercise of the powers, or in the performance of the duties of

such office, shall practice any fraud or deceit, the punishment for which is not otherwise provided

for by law, shall be guilty of a misdemeanor and fined nor more than one thousand dollars

($1,000), or imprisoned not more than one year, or both.

SECTION 4. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 30.1

UNIFORM LAW ON NOTARIAL ACTS

42-30.1-1. Title.

This chapter shall be known and may be cited as the Uniform Law on Notarial Acts.

42-30.1-2. Definitions.

For purposes of this chapter, the following definitions apply:

(1) "Acknowledgment" means a declaration by an individual before a notarial officer that

the individual has signed a record for the purpose stated in the record and, if the record is signed

in a representative capacity, that the individual signed the record with proper authority and signed

it as the act of the individual or entity identified in the record.

(2) "Commissioning agency" means the Rhode Island office of the secretary of state.

(3) "Commissioning officer" means the governor of the state of Rhode Island.

(4) "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.

(5) "Electronic signature" means an electronic symbol, sound, or process attached to, or

logically associated with, a record and executed or adopted by an individual with the intent to

sign the record.

(6) "In a representative capacity" means acting as:

(i) An authorized officer, agent, partner, trustee, or other representative for a person other

than an individual;

(ii) A public officer, personal representative, guardian, or other representative, in the

capacity stated in a record;

(iii) An agent or attorney-in-fact for a principal; or

(iv) An authorized representative of another in any other capacity.

(7) "Notarial act" means an act, whether performed with respect to a tangible or

electronic record, that a notarial officer may perform under the law of this state. The term

includes taking an acknowledgment, administering an oath or affirmation, taking a verification on

oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, noting a

protest of a negotiable instrument and transact, do and finish all matters and things relating to

protests and protesting bills of exchange and promissory notes, and all other matters within their

office required by law, take depositions as prescribed by law, and acknowledgments of deeds and

other instruments.

(8) "Notarial officer" means a notary public or other individual authorized to perform a

notarial act.

(9) "Notary public" means an individual commissioned to perform a notarial act by the

commissioning officer.

(10) "Official stamp" means a physical image affixed to a tangible record or an electronic

image attached to, or logically associated with, an electronic record.

(11) "Person" means an individual, corporation, business trust, statutory trust, estate,

trust, partnership, limited-liability company, association, joint venture, public corporation,

government or governmental subdivision, agency, or instrumentality, or any other legal or

commercial entity.

(12) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form.

(13) "Sign" means, with present intent to authenticate or adopt a record:

(i) To execute or adopt a tangible symbol; or

(i)(ii) To attach to, or logically associate with, the record an electronic symbol, sound, or

process.

(14) "Signature" means a tangible symbol or an electronic signature that evidences the

signing of a record.

(15) "Stamping device" means:

(i) A physical device capable of affixing an official stamp upon a tangible record; or

(ii) An electronic device or process capable of attaching to, or logically associating an

official stamp with, an electronic record.

(16) "State" means a state of the United States of America, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.

(17) "Verification on oath or affirmation" means a declaration that a statement in a record

is true, made by an individual under oath or by affirmation before a notarial officer.

42-30.1-3. Authority to perform notarial act.

A notarial officer may perform a notarial act authorized by this chapter or by law of this

state other than this chapter.

42-30.1-4. Requirements for certain notarial acts.

(a) A notarial officer who takes an acknowledgment of a record shall determine, from

personal knowledge or satisfactory evidence of the identity of the individual, that the individual

appearing before the officer and making the acknowledgment has the identity claimed and that

the signature on the record is the signature of the individual.

(b) A notarial officer who takes a verification of a statement on oath or affirmation shall

determine, from personal knowledge or satisfactory evidence of the identity of the individual, that

the individual appearing before the notarial officer and making the verification has the identity

claimed and that the signature on the statement verified is the signature of the individual.

personal knowledge or satisfactory evidence of the identity of the individual, that the individual

appearing before the notarial officer and signing the record has the identity claimed.

42-30.1-5. Personal appearance required.

If a notarial act relates to a statement made in, or a signature executed upon, a record, the

individual making the statement or executing the signature shall appear personally before the

notarial officer.

42-30.1-6. Identification of individual.

(a) A notarial officer has personal knowledge of the identity of an individual appearing

before the notarial officer if the individual is personally known to the notarial officer through

dealings sufficient to provide reasonable certainty regarding the legal identity of the individual.

(b) A notarial officer has satisfactory evidence of the identity of an individual appearing

before the notarial officer if the notarial officer can identify the individual:

(1) By means of:

(i) A passport, driver's license, or government-issued, non-driver identification card,

which that is current or expired not more than three (3) years before performance of the notarial

act; or

(ii) Another form of government identification issued to an individual, which that is

current or expired not more than three (3) years before performance of the notarial act, contains

the signature or a photograph of the individual, and is satisfactory to the notarial officer; or

identification credentials necessary to assure the notarial officer of the identity of the individual.

42-30.1-7. Authority to refuse to perform notarial act.

(a) A notarial officer may refuse to perform a notarial act if the notarial officer is not

satisfied that:

(1) The individual executing the record is competent or has the capacity to execute the

record; or

(2) The individual's signature is knowingly and voluntarily made.

(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by

law other than this chapter.

42-30.1-8. Signature if individual unable to sign.

If an individual is physically unable to sign a record, the individual may direct an

individual other than the notarial officer to sign the individual's name on the record. The notarial

officer shall insert "Signature affixed by (name of other individual) at the direction of (name of

individual)" or words of similar import.

42-30.1-9. Notarial act in this state.

The signature and title of an individual performing a notarial act in this state are prima

facie evidence that the signature is genuine and that the individual holds the designated title.

42-30.1-10. Notarial act in another state.

(a) A notarial act performed in another state has the same effect under the law of this

state as if performed by a notarial officer of this state, if the act performed in that state is

performed by:

(1) A notary public of that state;

(2) A judge, clerk, or deputy clerk of a court of that state; or

(3) Any other individual authorized by the law of that state to perform the notarial act.

(b) The signature and title of an individual performing a notarial act in another state are

prima facie evidence that the signature is genuine and that the individual holds the designated

title.

this section conclusively establish the authority of the officer to perform the notarial act.

42-30.1-11. Notarial act under federal authority.

(a) A notarial act performed under federal law has the same effect under the law of this

state as if performed by a notarial officer of this state, if the act performed under federal law is

performed by:

(1) A judge, clerk, or deputy clerk of a court;

(2) An individual in military service, or performing duties under the authority of military

service, who is authorized to perform notarial acts under federal law;

(3) An individual designated a notarizing officer by the United States Department of

State for performing notarial acts overseas; or

(4) Any other individual authorized by federal law to perform the notarial act.

(b) The signature and title of an individual acting under federal authority and performing

a notarial act are prima facie evidence that the signature is genuine and that the individual holds

the designated title.

this section conclusively establish the authority of the officer to perform the notarial act.

42-30.1-12. Foreign notarial act.

(a) In this section, "foreign state" means a government other than the United States of

America or a state not including the state of Rhode Island.

(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state

or constituent unit of the foreign state, the act has the same effect under the law of this state as if

performed by a notarial officer of this state.

state appears in a digest of foreign law or in a list customarily used as a source for that

information, the authority of an officer with that title to perform notarial acts is conclusively

established.

(d) The signature and official stamp of an individual holding an office described in

subsection (c) of this section are prima facie evidence that the signature is genuine and the

individual holds the designated title.

(e) A consular authentication issued by an individual designated by the United States

Department of State as a notarizing officer for performing notarial acts overseas and attached to

the record with respect to which the notarial act is performed conclusively establishes that the

signature of the notarial officer is genuine and that the officer holds the indicated office.

42-30.1-13. Official stamp.

The official stamp of a notary public must:

(1) Include the notary public's name, the words "notary public,", jurisdiction, and other

information required by the rules of the commissioning agency; and

(2) Be capable of being copied together with the record to which it is affixed or attached

or with which it is logically associated;

(3) This section shall not preclude a notarial officer who is a member of the general

assembly in this state from notarizing a document without the use of a stamp on the floor of the

general assembly during open session.

42-30.1-14. Notification regarding performance of notarial act on electronic record;

selection of technology.

(a) A notary public may select one or more tamper-evident technologies to perform

notarial acts with respect to electronic records. A person may not require a notary public to

perform a notarial act with respect to an electronic record with a technology that the notary public

has not selected.

(b) Before a notary public performs the notary public's initial notarial act with respect to

an electronic record, a notary public shall notify the commissioning agency that the notary public

will be performing notarial acts with respect to electronic records and identify the technology the

notary public intends to use. If the commissioning agency has established standards for approval

of technology, such the technology must conform to the standards. If the technology conforms to

the standards, the commissioning agency shall approve the use of the technology.

42-30.1-15. Commission as notary public; qualifications; no immunity or benefit.

(a) A notarial act may be performed in this state by:

(1) A notary public of this state;

(2) An individual qualified under subsection (b) of this section may apply to the

commissioning officer for a commission as a notary public. The applicant shall comply with the

information required herein and pay the sum of eighty dollars ($80.00).

(b) An applicant for a commission as a notary public must:

(1) Be at least eighteen (18) years of age;

(2) Be a citizen or permanent legal resident of the United States;

(3) Be a resident of or have a place of employment or practice in this state;

(4) Be able to read and write English;

(5) Not be disqualified to receive a commission under § 42-30.1-16; and

(6) Demonstrate sufficient knowledge of the powers and duties pursuant to the

requirements of this chapter.

under § 5-3.1-5, shall, regardless of residence, be appointed a notary public upon application and

presentment of a certified copy of their certificate of admission to the bar or certificate of public

accountancy;

(d) Every state senator, state representative, member of a city or town council, chief,

deputy, and assistant clerk of any state court, clerks of the board of canvassers and workers'

compensation court, municipal clerks, and the board of canvassers registrar may be appointed a

notary public following election, appointment, or hiring, as applicable, and upon application and

presentment of reasonable evidence of said the office or employment, and shall retain such the

appointment throughout the uninterrupted duration and term of such the office, appointment, or

employment;

(1) No notary public set forth in § 42-30.1-15(d) subsection (d) shall be required to pay

an application fee. The notaries public set forth in § 42-30.1-15(d) subsection (d) must complete

the appropriate oath of office as set forth in § 42-30.1-15(2) subsection (2). The notaries public

set forth in § 42-30.1-15(d) subsection (d) who may be reappointed or continued in office, may

continue to officiate while in office without taking a new oath of office.

(2) Before issuance of a commission as a notary public, an applicant for the commission

shall execute an oath of office and submit it to the commissioning agency.

(e) Two (2) police officers from each state and local police department of this state, as

identified in writing by the chief of police.

(f) On compliance with this section, the commissioning officer shall issue a commission

as a notary public to an applicant for a term of four (4) years.

(g) Every notary public appointed by the commissioning officer and not reappointed, may

continue to officiate for a space of thirty (30) days after the date on which their his or her

commission expires.

(h) A commission to act as a notary public authorizes the notary public to perform

notarial acts. The commission does not provide the notary public any immunity or benefit

conferred by law of this state on public officials or employees.

42-30.1-16. Grounds to deny, refuse to renew, revoke, suspend, or condition

commission of notary public.

(a) The commissioning officer may deny, refuse to renew, revoke, suspend, or impose a

condition on a commission as notary public for any act or omission that demonstrates the

individual lacks the honesty, integrity, competence, or reliability to act as a notary public,

including without limitation:

(1) Failure to comply with this chapter;

(2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a

commission as a notary public submitted to the commissioning officer and/or agency;

(3) A conviction of the applicant or notary public of any crime which that involves fraud,

dishonesty, or deceit; provided that in determining whether to deny, refuse to renew, revoke,

suspend, or condition the commission, the commissioning officer shall consider such factors as

the seriousness of the crime; whether the crime relates directly to the training and skills needed

for the commission of a notary public; how much time has elapsed since the crime was

committed; and the applicant's actions and conduct since the crime was committed;

(4) A finding against, or admission of liability by, the applicant or notary public in any

legal proceeding or disciplinary action based on the applicant's or notary public's fraud,

dishonesty, or deceit;

(5) Use of false or misleading advertising or representation by the notary public

representing that the notary public has a duty, right, or privilege that the notary public does not

have;

(6) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public

commission in another state; or

(7) Termination or revocation of a certificate of admission to the Rhode Island bar or a

certificate of public accountancy.

(b) If the commissioning officer denies, refuses to renew, revokes, suspends, or imposes

conditions on a commission as a notary public, the applicant or notary public is entitled to timely

notice and hearing in accordance with chapter 35 of this title 42.

or impose conditions on a commission as a notary public does not prevent a person from seeking

and obtaining other criminal or civil remedies provided by law.

42-30.1-17. Database of notaries public.

The commissioning agency shall maintain an electronic database of notaries public:

(1) Through which a person may verify the authority of a notary public to perform

notarial acts; and

(2) Which That indicates whether a notary public has notified the commissioning agency

that the notary public will be performing notarial acts on electronic records.

42-30.1-18. Prohibited acts.

(a) A commission as a notary public does not authorize an individual to:

(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law;

(2) Act as an immigration consultant or an expert on immigration matters;

(3) Represent a person in a judicial or administrative proceeding relating to immigration

to the United States, United States citizenship, or related matters; or

(4) Receive compensation for performing any of the activities listed in this subsection.

(b) A notary public may not engage in false or deceptive advertising.

use the term "notario" or "notario publico".

(d) A notary public, other than an attorney licensed to practice law in this state, may not

advertise or represent that the notary public may assist persons in drafting legal records, give

legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to

practice law in this state in any manner advertises or represents that the notary public offers

notarial services, whether orally or in a record, including broadcast media, print media, and the

Internet internet, the notary public shall include the following statement, or an alternate

statement authorized or required by the commissioning agency, in the advertisement or

representation, prominently and in each language used in the advertisement or representation: "I

am not an attorney licensed to practice law in this state. I am not licensed to draft legal records,

give advice on legal matters, including immigration, or charge a fee for those activities." If the

form of advertisement or representation is not broadcast media, print media, or the Internet

internet and does not permit inclusion of the statement required by this subsection because of

size, it must be displayed prominently or provided at the place of performance of the notarial act

before the notarial act is performed.

(e) Except as otherwise allowed by law, a notary public may not withhold access to, or

possession of, an original record provided by a person that seeks performance of a notarial act by

the notary public.

42-30.1-19. Validity of notarial acts.

Except as otherwise provided in § 42-30.1-3(b), the failure of a notarial officer to perform

a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed

by the notarial officer. The validity of a notarial act under this chapter does not prevent an

aggrieved person from seeking to invalidate the record or transaction that is the subject of the

notarial act or from seeking other remedies based on the law of this state other than this chapter or

law of the United States of America. This section does not validate a purported notarial act

performed by an individual who does not have the authority to perform notarial acts.

42-30.1-20. Fees for authentication of a notary public signature.

A fee of five dollars ($5.00) shall be charged and collected by the office of the secretary

of state for the authentication or certification of the signature of a notary public. In any event

where the office of the secretary of state shall authenticate or certify the signatures of a notary

public upon multiple relevant documents presented simultaneously, and all of which documents

pertain to the same matter or transaction and are to be filed at one time, the aggregate fee charged

for said the authentications or certifications shall be the lesser of the above-referenced fee

charged per each authentication or certification, or one hundred fifty dollars ($150).

42-30.1-21. Notary public – Fraud or deceit in office.

A notary public, who, in the exercise of the powers, or in the performance of the duties of

such the office, shall practice any fraud or deceit, the punishment for which is not otherwise

provided for by law, shall be guilty of a misdemeanor and fined not more than one thousand

dollars ($1,000), or imprisoned not more than one year, or both.

42-30.1-22. Notary public commission effect.

A commission as a notary public in effect on January 1, 2019, continues until its date of

expiration. A notary public who applies to renew a commission as a notary public on or after

January 1, 2019, is subject to and shall comply with this chapter. A notary public, in performing

notarial acts after January 1, 2019, shall comply with this chapter.

42-30.1-23. Savings Clause.

This chapter does not affect the validity or effect of a notarial act performed before

January 1, 2019.

42-30.1-24. Relation to electronic signatures in global and national commerce act.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede

Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of

the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

SECTION 5. This act shall take effect on January 1, 2019.

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LC004334/SUB A

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