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(5) A court may order an action referred to in subsec- tion (4) to be brought against the persons who were shareholders as a class, subject to such conditions as the court thinks fit; and, if the plaintiff establishes his claim, the court may refer the proceedings to a referee or other officer of the court, who may ( a... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
LAWS OF ANTIGUA AND BARBUDA International Business Corporations (CAP.
222 163 3 13.
(1) Upon the dissolution of a corporation, the Unknown portion of the property distributable to a creditor or claimants' shareholder who cannot be found must be converted into money and paid into the Consolidated Fund.
(2) A payment ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) If, at any time within six years after the date on which any money is paid into the Consolidated Fund pur- suant to subsection (l), .any person establishes his entitle- ment to the money so paid into the Consolidated Fund, he is entitled to be paid an equivalent amount out of the Con- solidated Fund.
3 14.
(1) Su... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
section 3 13, any property of a corporation that has not been disposed of at the date of the corporation's dissolution vests in the Crown.
(2) When a corporation is revived under section 3 15 any property (other than money) that was vested in the Crown pursuant to subsection (1) on the dissolution of the corporation a... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) The corporation is entitled to be paid out of the Con- solidated Fund (a) any money received by the Crown pursuant to subsection (1) in respect of the corporation; and ( b ) if property other than money vested in the Crown pursuant to subsection (1) in respect of the cor- poration and that property has been dispose... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
164 CAP.
222) International Business Corporations LAWS OF ANTlCUA AND BARBUDA REVIVING CORPORATIONS Revival of corporation.
315.
(1) When a corporation has been dissolved under this Part, any interested person may apply to the Direc- tor to have the corporation revived. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) If the Director approves the application for the revival of a corporation, articles of revival in the prescribed form may be sent to the Director, who must thereupon issue a certificate of revival for the corporation in accordance with section 327. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) A corporation is revived on the date shown in its certificate of revival; and thereafter the corporation, subject to such reasonable terms as may be imposed by the Director and to any rights acquired by any person after the dissolu- tion of the corporation, has all the rights and privileges and is liable for the ob... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
316. to be called Corporations.
(1) There is hereby established a public office the Director of International Business (2) The Director is, under the direction and control of the Minister, responsible for the administration of this Act.
(3) A seal may be prescribed by the Minister for use by the Director in the perfo... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Service upon the Director.
317.
A document may be served upon the Director by leaving it at the office of the Director or by sending it by registered post addressed to the Director at his office.
LAWS OF ANTIGUA AND BARBUDA International Business Corporations (CAP.
222 165 T H E REGISTER 3 18.
The Director must ma... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
ternational Business Corporations in which to keep the name of every corporation (a) that is (i) incorporated under this Act; (ii) continued as a corporation under this Act; (iii) restored to the register pursuant to this Act, and (b) that has not been subsequently struck off that register.
319.
(1) A person who has ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
is entitled, during normal business hours, to examine, and to make copies of or extracts from, a document required by this Act or the regulations to be sent to the Director, except a report sent to him under subsection (2) of section 344.
(2) T h e Director must, upon request and payment of the prescribed fee, furnish... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
- , (3) If the records maintained by the Director are prepared and maintained in other than a written form, (a) the Director must furnish any copy required to be furnished under this Act in a n intelligible written form; and (6) a report reproduced from those records, if it is certified by the Director, is admissible i... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
NOTICES AND DOCUMENTS 320.
(1) A notice or document required by this Act, Not+ the regulations, articles or the by-laws to be sent to a and servlce, etc.
LAWS OF ANTIGUA AND BARBUDA CAP. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
LAWS OF ANTIGUA AND BARBUDA CAP.
222) International Business Corporations shareholder or director of a corporation may be sent by registered post addressed to, or may be delivered personally to, ( a ) the shareholder at his latest address as shown in the records of the corporation or its transfer agent; and ( b ) the ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 2 ) A director named in a notice sent by a corporation to the Director under section 67 or 74 and filed by the Direc- tor is, for the purposes of this Act, a director of the corpora- tion referred to in the notice.
32 1.
A notice or document sent in accordance with section 3 2 0 to a shareholder or director of a co... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
322.
If a corporation sends a notice or document to a shareholder in accordance with section 3 2 0 and the notice or document is returned on three consecutive occasions because the shareholder cannot be found, the corporation need not send any further notices or documents to the shareholder until he informs the corpor... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Undelivered documents.
Notice waiver.
323.
Where a notice or document is required to be sent pursuant to this Act, the sending of the notice or docu- ment may be waived or the time for the notice or document may be waived or abridged at any time with the consent in writing of the person entitled to the notice or doc... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Certificate by corporation.
324.
A certificate issued on behalf of a corporation stating any fact that is set out in the articles, the by-laws, any unanimous shareholder agreement, the minutes of the meetings of the directors, a committee of directors or the shareholders, or in a trust deed or other contract to which... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
222 167 325.
When introducM as evidence in any civil, Evidentiary value. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
criminal or administrative action or proceeding, (a) a fact stated in a certificate referred to in section 298; (6) a certified extract from a register of share- holders or debenture-holders of a corporation; or (c) a certified copy of minutes or extracts from minutes of a meeting of shareholders, directors or a com- m... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
326.
Where a notice or document is required by this Copies.
Act to be sent to the Director, he may accept a photostatic or photographic copy of the notice or document.
327.
(1) In this section, "statement" means a state- ment of intent to dissolve referred to in section 295 and a statement of revocation of intent t... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) Where this Act requires that articles or a statement relating to a corporation be sent to the Director, unless other- wise specifically provided, (a) two copies, in this section called "duplicate originals", of the articles or the statement must be signed by a director or an officer of the corporation or, in the ca... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
222) International Business Corporations (iii) file a copy of the certificate and attached articles or statement; (iv) send to the corporation or its representative the original certificate and attached articles or statement; and (v) publish in the Gazette notice of the issue of the .certificate. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) A certificate referred to in subsection (2) and issued by the Director may be dated as of the day he receives the articles, statement or court order pursuant to which the cer- tificate is issued or as of any later date specified by the court or person who signed the articles or statement.
(4) A signature required ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
328.
The Director may alter a notice or document, other than an affidavit or statutory declaration, if so authorised by the person who sent him the notice or docu- ment or by the representative of that person.
329. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
329.
(1) If a certificate that contains an error is issued to a corporation by the Director, the directors or shareholders of the corporation must, upon the request of the Director, pass the resolutions and send to the Director the documents required to comply with this Act, and take such other steps as the Director m... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) A certificate corrected under subsection (1) must bear the date of the certificate it replaces.
(3) If a corrected certificate issued under subsection (1) materially amends the terms of the original certificate, the Director must forthwith give notice of the correction in the Gazette.
Alteration of documents.
Co... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Proof of documents.
330.
(1) The Director may require that a document or a fact stated in a document required or sent to him pur- suant to this Act be verified in accordance with subsection (2).
LAWS OF ANTIGUA AND BARBUDA International Business Corporations (CAP.
222 169 ( 2 ) A document or fact required by this A... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 3 ) The Director may require of a body corporate the authentication of a document; and the authentication may be signed by the secretary, or any director or authorised per- son or by the solicitor for the body corporate.
33 1.
The Director need not produce any document Retention of documents.
of a prescribed class... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
a certificate stating ( a ) that a body corporate has or has not sent to the Director a document required to be sent to him pur- suant to this Act; ( b ) that a name, whether that of a corporation or not, is or is not on the register; or (c) that a name, whether that of a corporation or not, was or was not on the regis... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 2 ) Where this Act requires or authorises the Director to issue a certificate or to certify any fact, the certificate or the certification must be signed by the Director or by his deputy. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 3 ) Except in a proceeding under section 300 to dissolve a corporation, a certificate or certification mentioned in subsection ( 2 ) that is introduced as evidence in any civil, criminal or administrative action or proceeding, is sufficient proof of the facts so certified without proof of the signature or official ch... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
register a document submitted to him, if he is of the opinion that the document ( a ) contains matter contrary to the law; ( 6 ) by reason of any omission or error in descrip- tion, has not been duly completed; (6) does not comply with the requirements of this Act; 170 CAP.
222) International Business Corporations LAW... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) The Director may request that a document refused under subsection (1) be amended or completed and re-submitted, or that a new document be submitted in its place.
(3) If a document that is submitted to the Director is accompanied with a statutory declaration by a solicitor that the document contains no matter contr... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Form of filing.
334.
Every document sent to the Director must be in typed or printed form.
Striking off register.
REMOVAL FROM REGISTER 335. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(1) The Director may strike a corporation off the register, if (a) the corporation fails to send any return, notice, document or prescribed fee to the Director as required pursuant to this Act; (b) the corporation is dissolved; (c) the corporation is amalgamated with one or more other corporations or bodies corporate; ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) Where the Director is of the opinion that a corpora- tion is in default under paragraph (a) of subsection (I), he must send it a notice advising it of the default and stating that, unless the default is remedied within thirty days after the date of the notice, the corporation will be struck off the register.
LAWS ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(4) After the expiration of the time mentioned in the notice, the Director may strike the corporation off the register and publish a notice thereof in the Gazette.
(5) When a corporation is struck off the register, the Director may, upon receipt of an application in the prescribed form and upon payment of the prescrib... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
the liability of the corporation and of every director, officer or shareholder of the corporation continues and may be enforced as if it had not been struck off the register.
SERVICE 337.
A notice or document may be served on a corporation ( a ) by leaving it at, or sending it by registered post addressed to, the reg... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
CORPORATION NAMES 338.
The Director may, upon request and upon pay- Reservation of name.
ment of the prescribed fee, reserve for ninety days a name for an intended corporation or for a corporation about to change its name.
339.
The name of a corporation Prohibited name. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
339.
The name of a corporation Prohibited name.
( a ) must not be the same as or similar to the name or business name of any other person or of any associa- tion, partnership or firm, if the use of that name would be likely to confuse or mislead, unless the person, association, partnership or firm consents in writing... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
222) International Business Corporations LAWS OF AN'TIGUA AND BARBUDA (i) if required by the Director in the case of any person, undertakes to dissolve or change his or its name to a dissimilar name within six months after the filing of the articles by which the name is acquired, or (ii) if required by the Director in ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Refusal of articles.
340.
The Director may refuse to accept articles of incorporation or articles of continuation for a corporation or body corporate or to register articles amending the name of a corporation if (a) the name is not distinctive because (i) it is too general; (ii) it is descriptive only of the quality,... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
222 173 in which the corporation deals or intends to deal; or (iii) primarily it is only a geographic name used alone; unless the applicant establishes that the name has through use acquired and continues to have a secon- dary meaning; (b) the name is deceptively inaccurate in describing (i) the business, goods or serv... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
341.
If two or more corporations amalgamate, the Amalgamated corporation.
amalgamated corporation may have (a) the name of one of the amalgamating corporations; (b) a .distinctive combination that is not confusing of the names of the amalgamating corporations; or (c) a distinctive new name that is not confusing.
342... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
342.
Where a corporation has been revived under this Act, if, between the date of its dissolution and the date of its revival, another corporation has been granted a name that is likely to be confused with the name of the revived corporation, the Director may require as a condition of its revival that the revived corp... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
name.
174 CAP.
222) International Business Corporations LAWS OF ANTIGUA AND BARBUDA DIVISION B: INVESTIGATIONS INVESTIGATION Investigation order.
343. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 1 ) A shareholder of a corporation, the Direc- tor or an appropriate official, may apply, ex parte or upon such notice as the court may require, to the court for an order directing that an investigation be made of the corpora- tion and any of its affiliates; (2) If, upon an application under subsection (1) in respect... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 3 ) If a security holder makes an application under subsection ( I ) , he must give the Director reasonable notice thereof; and the Director is entitled to appear and be heard in person or by a solicitor. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 4 ) If, within six months after the continuance under this Act of a corporation that had exercised an option to con- tinue under this Act pursuant to section 186, the govern- ment of the country from which the corporation was con- tinued requests the Director to make an application under section 343 for an investigat... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
22 2 175 tor must do so and must present to the court all the reasons and evidence adduced by that country to support the application.
(5) An ex parte application under this section must be heard in camera.
(6) No person shall publish anything relating to an ex parte proceeding except with the authorisation of the co... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 1 ) In connection with an investigation under Court powers- this Division in respect of a corporation, the court may make any order it thinks fit, including without limiting the generality of the foregoing, (a) an order to investigate; ( b ) an order appointing an inspector, who may be the Director, and fixing the re... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
222) International Business Corporations LAWS OF ANTIGUA AND B-UDA (2) a n order requiring a n inspector to make an interim or final report to the court; @ an order determining whether a report of an inspector should be published and, if so, ordering the Director to publish the report in whole or in part or to send cop... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) An inspector must send to the Director a copy of every report made by the inspector under this Division.
Inspector's powers.
345.
(1) An inspector under this Division has the powers set out in the order appointing him.
(2) An inspector must upon request produce to an interested person a copy of any order made u... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
In camera hearing.
346.
(1) An interested person may apply to the court for an order that a hearing conducted by an inspector under this Division be heard in camera and for direction on any matter arising in the investigation.
(2) A person whose conduct is being investigated or who is being examined at a hearing con... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Cap.
324.
347.
No person is excused from attending and giv- ing evidence and producing documents and records to an inspector under this Division by reason only that the evidence tends to incriminate that person or subject him to any pro- ceeding or penalty; but the evidence may not be used or received against him in... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
LAWS OF ANTIGUA AND BARBUDA International Business Corporations (CAP.
222 177 348.
An oral or written statement or report made Pz;: by an inspector or any other person in an investigation under this Division has absolute privilege.
349.
Nothing in this Division affects the privilege that Client privilege.
exists i... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
DIVISION C: REGULATIONS 351.
(1) The Minister may make such regulations Resulations. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
as are required for the better administration of this Act and, in particular, without limiting the generality of the forego- ing, the Minister may make regulations (a) prescribing any matter required or authorised by this Act to be prescribed; (b) requiring the payment of a fee in respect of the filing, examination or ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
222) International Business Corporations LAWS OF ANTIGUA AND BARBUDA (9 respecting any other matter required for the efficient administration of this Act.
(2) The court may make such regulations and rules of court as it considers necessary for the better administration of Part IV.
DIVISION D: OFFENCES AND PENALTIES N... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(1) A person who makes or assists in making a report, return, notice or other document (a) that is required by this Act or the regulations to be sent to the Director, and appropriate official or any other person, and ( 6 ) that (i) contains an untrue statement of a material fact, or (ii) omits to state a material fact ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) A person is not guilty of an offence under subsection (1) if the making of the untrue statement or the omission of the material fact was unknown to him and with the exercise of reasonable diligence could not have been known to him. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) When an offence under subsection (1) is commit- ted by a body corporate and a director or officer of that body corporate knowingly authorised, permitted or acquiesced in the commission of the offence, the director or officer is also guilty of the offence and liable on summary conviction to LAWS OF ANTIGUA AND BARBU... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
354.
(1) A person is guilty of an offence and liable Specific offences. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
on summary conviction to a fine of five thousand dollars and to imprisonment for a term of six months or to both (a) who without reasonable cause contravenes section 134; (6) who, being a proxy holder or alternate proxy holder, fails without reasonable cause to comply with the direction of a shareholder from whom he ho... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) Where the person who is guilty of an offence under subsection (1) is a body corporate, then, whether the body corporate has been prosecuted or convicted, any director or officer of the body corporate who knowingly authorised, per- mitted or acquiesced in the act or omission that constituted the offence is also guil... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) Any person who without reasonable cause con- tavenes section 244 or 254 is guilty of a n offence and liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of one year or to both.
LAWS OF ANTIGUA AND BARBUDA CAP.
22 2) International Business Corporations Corporate offences.... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 1 ) A corporation is guilty of an offence and liable on summary conviction to a fine of five thousand dollars, if ( a ) the corporation knowingly permits any of its securities to be made part of a distribution to the public within or outside Antigua and Barbuda in contraven- tion of section 365; (6) the management of... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) When a corporation is guilty of an offence under this section, any director or officer of the corporation who knowingly authorised, acquiesced in or permitted the con- travention is also guilty of an offence and liable on sum- mary conviction to a fine of five thousand dollars or to im- prisonment for a term of six... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
356.
Every person who, without reasonable cause contravenes, a provision of this Act or the regulations is guilty of an offence and, if no punishment is elsewhere in this Act provided for that offence, is liable on summary conviction to a fine of five thousand dollars.
357. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
357.
When a person is convicted of an offence under this Act or the regulations, the court or a court of summary jurisdiction in which proceedings in respect of the offence are taken, may, in addition to any punishment it may impose, order that person to comply with the provision of this Act or the regulations for the... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Order to comply.
Limitation.
358.
A prosecution for an offence under this Act or the regulations may be instituted at any time within two years from the time when the subject matter of the prosecution arose.
LAWS OF ANTIGUA A N D BARBUDA International Business Corporations (CAP.
222 181 359.
No civil remedy for a... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
DIVISION E: APPROPRIATE OFFICIALS 360.
(1) There is hereby established a public office ::;;;;+~z:.
to be known as the Supervisor of International Banks and Trust Corporations, with such powers and duties as are con- ferred or imposed upon that office by this Act or any other statute. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) There is hereby established a public office to be known as the Superintendent of International Insurance Cor- porations with such powers and duties as are conferred or imposed upon that office by this Act or any other statute. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) Only a person knowledgeable in the international banking and trust business may be appointed to the office of the Supervisor of International Banks and Trust Corpora- tions; and only a person knowledgeable in the international insurance business may be appointed Superintendent of International Insurance Corporation... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(4) Appointments to the offices established by this sec- tion may be made in the manner provided by law; and such personnel as are necessary for the effective performance of those offices must be made available in the manner provided by law. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(5) When no office in the public service is designated the appropriate official in respect of any international trade or business other than an international bank, trust or insurance business, the Director is the appropriate official for the purposes of this Act for the international trade or business.
361.
(1) With ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
Finance, the Supervisor may appoint not less than three per- sons with experience and knowledge in the banking or trust businesses to constitute an advisory committee on interna- tional banking and trust businesses.
182 CAP. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
182 CAP.
222) International Business Corporations LAWS OF ANTIGUA AND BARBUDA (2) With the approval of the Minister of Finance, the Superintendent may appoint not less than three persons with experience and knowledge in the international insurance business to constitute an advisory committee on international insurance... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) An advisory committee may perform such functions as the regulations prescribe to enable the Supervisor and Superintendent, respectively, to perform the functions of that office as efficiently, effectively and economically as cir- cumstances permit; and the committees must keep the Super- visor and Superintendent, r... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
DIVISION F: CONSTRUCTION AND INTERPRETATION CORPORATE RELATIONSHIPS Affiliated corporations.
362.
For the purposes of this Act, ( a ) one body corporate is affiliated with another body corporate if one of them is the subsidiary of the other or both are subsidiaries of the same body corporate or each of them is contro... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
"Control" of corporation.
363.
For the purposes of this Act, a body corporate is controlled by a person if any shares of the body corporate carrying voting rights sufficient to elect a majority of the directors of the body corporate are, except by way of security only, held, directly or indirectly, by or on behalf of... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
"Holding" and "subsidiary".
364.
For the purposes of this Act, (a) a body corporate is the holding body corporate of another if that other body corporate is its subsidiary; and (b) a body corporate is a subsidiary of another body corporate if it is controlled by that other body corporate.
LAWS OF ANTIGUA AND BARBUDA... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(1) no security of a body corporate shall be distributed to the public unless any applicable requirements with respect to the filing of a prospectus, statement in lieu of prospectus, registration statement, stock exchange take over bid, circular or similar instrument within Antigua and Barbuda have been met; (2) the se... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
366.
(1) Any reference in this Act to offering "offer" to securities to the public includes, unless the contrary inten- pub'ic' tion appears, a reference to offering them to any section of the public, whether selected as clients of the person offering them or inviting an offer for them. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) Subsection (1) does not require that any offer or invitation be treated as being made to the public if the offer or invitation can properly be regarded, in all the cir- cumstances, as not being calculated to result, directly or indirectly, in the securities becoming available for acquisition by persons other than t... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) A provision in the articles or by-laws of a corpora- tion prohibiting invitations to the public to subscribe for shares or debentures does not prohibit the making,of an invitation to the security holders or employees of the corporation.
LEGISLATIVE EXPRESSIONS 367.
(1) Where the auxiliary "shall" is used in a "sh... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
provision of this Act 184 CAP.
222) International Business Corporations LAWS OF ANTIGUA AND BARBUDA ( a ) to require that a person do or refrain from doing some act, matter or thing; or ( 6 ) to require that some act, matter or thing be done or not be done by some specific means, or man- ner, or in some specific form ... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) Unless otherwise expressly provided, default in com- plying with an imperative provision referred to in subsection (1) does not invalidate any act, matter or thing done in contravention of the provision nor prevent the later doing of that act, matter or thing in accordance with the provision.
(3) Compliance with a... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(3) Compliance with a .
provision referred to in subsection (1) is enforceable in any court of competent jurisdiction notwithstanding that the contravention of the pro- vision is punishable or has been punished pursuant to statute.
368. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
368.
(1) T h e auxiliary "may" is permissive, empowering and enabling; and when used in the negative form, it negatives any permission, power or capacity to do the act, matter or thing in respect of which the auxiliary is used so that, unless the contrary is expressly provided, the act, matter or thing is to be constr... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) When the exercise of a power is subject to any qualification or condition, the power is not exercised unless the qualification or condition is met or complied with.
(3) Unless otherwise expressly provided, the doing of any act, matter or thing pursuant to a permission or power is within the sole and absolute discr... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
"May", use of.
"MUS~", use of.
369.
(1) Where the auxiliary "must" is used in a provision of this Act, LAWS OF ANTIGUA AND BARBUDA International Business Corporations (CAP. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
222 185 (a) to require that a person do or refrain from doing some act, matter or thing, (b) to require that an act, matter or thing be done or not be done by some specific means, or manner, or in some specific form or at or within some specific time, or (c) to prescribe a qualification or condition for some purpose, o... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(2) Default in complying with the duty or obligation referred to in subsection ( 1 ) does not constitute an offence under this Act unless the default is made an offence by a provision of this Act expressly mentioning the act, matter or thing or the duty or obligation or the provision imposing the duty or obligation.
(... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
(4) A person aggrieved by a breach of a duty or obliga- tion referred to in subsection ( 1 ) may recover, by action in the court, any damages suffered by him as a direct result of the breach; but this subsection does not apply if the breach is an act or omission ( a ) in the performance of a function of a legislative n... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
( 5 ) When a provision of this Act uses the auxiliary "must" to prescribe any qualification or condition for some purpose, office or status, the qualification or condition is man- datory and default in complying with it, unless it is other- wise provided, ( a ) frustrates the purpose, (6) vitiates the status; (c) nulli... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
222) International Business Corporations LAWS OF ANTIGUA AND BARBUDA (4 vacates the tenure in the ofiice, to which the qualification or condition is attached, but without affecting the operation of subsections (2) to (4).
CORPORATE AND OTHER EXPRESSIONS Definition of technical words.
370. | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
In this Act, (a) "affairs" means, in relation to any corpora- tion or other body corporate, the relationship among the corporation or body corporate, its affiliates and the shareholders, directors and officers thereof, but does not include any businesses carried on by the corporations or other bodies corporate; (b) "af... | Democratic Participation | Electoral facilitation for women politicians and women voters | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694878254353.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-222.pdf |
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