Why Choose Australia for Company Formation?
Australia offers a high-trust, FATF-clear base with a large domestic market, a fully online company register, and a legislated digital-asset platform regime with a fixed commencement date. A proprietary limited company registers in one to three business days under the Corporations Act 2001, with no minimum share capital and full foreign ownership permitted.
The trade-off is structural rather than financial. Australia is straightforward to incorporate in and inexpensive at the government level, but the resident-director requirement and a documented banking-access problem mean a non-resident-owned company needs planning before, not after, registration.
A Credible, FATF-Clear Regulatory Base
Australia is a founding member of the Financial Action Task Force and sits on no grey or black list, which matters directly at the banking and counterparty-due-diligence stage.[13][14] ASIC’s register held 3,789,244 companies at the end of August 2026.[2] For crypto and fintech operators, the regulatory direction is unusually legible: digital asset platforms are being brought under the established Australian Financial Services Licence framework rather than a separate untested regime. The pathway from company formation to an AUSTRAC registration or AFSL is direct, and is covered on the Australia crypto licensing guide.
Fast, Low-Cost Registration With Full Foreign Ownership
An Australian Company Number is typically issued one to three business days after lodgement, and the ASIC government registration fee is AUD 636 from . There is no minimum share capital and a non-resident may own 100% of the shares. In practice, the binding constraint on the timeline is rarely the ASIC filing itself: it is obtaining a Director Identification Number for an overseas director and arranging the resident director, both of which should start before the incorporation window opens.
A Maturing, Not Improvised, Digital-Asset Framework
For the target audience, the editorial point is this: Australia's regulatory clarity is a genuine advantage, but it is arriving on a fixed timetable that founders must plan around. The Corporations Amendment (Digital Assets Framework) Act 2026 received Royal Assent on and commences , placing digital asset platforms and tokenised custody under the AFSL regime, subject to exemptions and a six-month licensing transition: under section 1732 the amendments are deferred during that period while the responsible person lacks the relevant AFSL authorisation, and an application made during the transition extends the deferral until the day after ASIC decides.[18][20] ASIC’s no-action letter set as the last date to qualify through its AFSL application route; a later lodgement secures no relief. Eligibility and product exclusions apply, including the requirement to have begun the relevant Australian activity by ; incorporation or lodgement alone does not secure relief.[30] Formation is the first step on that pathway, not a substitute for it.
Entity Types Under Australian Law
The Corporations Act 2001 (Cth) governs all Australian company types.[4] For crypto, fintech, and high-risk businesses, the standard vehicle is the proprietary limited company (Pty Ltd). A public company limited by shares (Ltd) is required only where the business will raise capital from the public or pursue a licence category that mandates it. Branches of foreign companies are rarely appropriate for licensed activity.
Definition: Proprietary Limited Company (Pty Ltd)
A private company limited by shares, governed by the Corporations Act 2001 (Cth). No minimum share capital. At least one director, of whom at least one must ordinarily reside in Australia, and directors must be natural persons (no corporate directors). Maximum 50 non-employee shareholders. Eligible to apply for AUSTRAC virtual asset service provider registration, which replaced digital currency exchange registration on 31 March 2026, and for an Australian Financial Services Licence.
| Entity | Min. Capital | Directors | Online Registration | Used For |
|---|---|---|---|---|
| Proprietary Limited (Pty Ltd) | None | 1+ (≥1 ordinarily resident; natural persons only) | Yes | Standard for crypto, fintech, and high-risk businesses |
| Public Company Limited by Shares (Ltd) | None | 3+ (≥2 ordinarily resident) | Yes | Public fundraising, listing, certain licence categories |
| Registered Foreign Company (branch) | n/a | Local agent required (s 601CF) | Paper (Form 402, ARBN issued) | Extending an existing foreign parent; parent retains full liability |
Every director, including non-resident directors, must hold a Director Identification Number issued by the Australian Business Registry Services. This has been mandatory since .[7] A non-resident director uses an alternative identity-verification route, which adds lead time and should be started early.
Formation Process
A proprietary limited company is registered through ASIC's online Business Registration Service, with the Australian Company Number typically issued one to three business days after lodgement.[1] The realistic end-to-end timeline for a non-resident-owned company is one to four weeks, because Director Identification Numbers for overseas directors and the resident-director arrangement, not the ASIC filing, set the pace.
What You Need to Prepare
| Document / Item | Details | Notes |
|---|---|---|
| Director Identification Number | Required for every director before appointment | Non-residents use an alternative ID-verification route; start first |
| Certified passport / ID (each director and shareholder) | For ID verification | Certified copy; English or certified translation |
| Proof of residential address | Utility bill or bank statement | Within 3 months |
| Resident director | At least one director ordinarily resident in Australia | Legal requirement under s 201A |
| Company name | Pre-checked for availability via ASIC | Optional reservation, AUD 65≈ $46 |
| Registered office and principal place of business | Physical Australian addresses | A PO box is not sufficient as the registered office |
| Member and director consents | Written consents to act and to take up shares | Signed by each party |
| Share structure | Classes, number, amount, and ownership percentages | Decide before lodgement |
| Public officer | Appointed for tax purposes | Generally within 3 months of commencing business |
Document Certification and Apostille
Australia is a party to the Hague Apostille Convention, which it acceded to on , and the Department of Foreign Affairs and Trade is the sole authority that issues apostilles.[21] Foreign documents used in the process are commonly certified and, where a foreign authority requires it for onward use, apostilled. The common mistake is leaving Director ID verification for overseas directors to the end: it is the step most likely to push a one-week timeline into a one-month timeline.
Pre-Requisites
Each director obtains a Director Identification Number from the ABRS. Non-resident directors use the alternative verification route. Arrange the resident director.
Preparation
Check name availability on ASIC, set the registered office and principal place of business (physical Australian addresses), and finalise the share structure and consents.
Registration
Lodge Form 201 through the Business Registration Service. ASIC issues the Australian Company Number. Pay the AUD 636 fee.
Tax and GST Registration
Apply for the Australian Business Number and Tax File Number through the Australian Business Register, register for GST if turnover will reach AUD 75,000, and appoint the public officer.
Post-Registration
Open a bank or payment account (see Banking, the realistic bottleneck), and begin any AUSTRAC registration or AFSL pathway the business model requires.
Requirements
Australian formation requirements are light on paper but carry one heavy element. Foreign ownership is unrestricted, there is no minimum capital, and registration is fully online. The make-or-break requirements are the resident director and a physical Australian registered office, both of which a genuinely offshore founder cannot satisfy without a local arrangement.
| Requirement | Standard | For Licensed (AUSTRAC / AFSL) Activity |
|---|---|---|
| Min. Directors | 1 | 1+ (AFSL responsible-manager and governance expectations apply) |
| Corporate Directors | Not permitted (natural persons only) | Not permitted |
| Foreign Ownership | 100% permitted | 100% permitted |
| Min. Share Capital | None | None for formation; AFSL imposes net-tangible-asset requirements |
| Registered Office | Physical Australian address | Physical Australian address |
| Resident Director | At least one, ordinarily resident | At least one, ordinarily resident |
| Public Officer | Required for tax (generally within 3 months) | Required |
| UBO Disclosure | To ASIC and AUSTRAC where a reporting entity | Enhanced under AML/CTF program |
| Nominee Directors | A director is fully liable regardless of arrangement | Fit-and-proper scrutiny applies |
| Annual Review | Annual ASIC statement + solvency resolution | Plus AUSTRAC and AFSL reporting |
Registered Office and Resident Director
A proprietary limited company must maintain a physical Australian registered office and a principal place of business, and at least one director who ordinarily resides in Australia under section 201A of the Corporations Act 2001.[5] The phrase "ordinarily resides" is not defined in the Act and there is little guidance specific to s 201A, so the practical standard borrows from the broader residence tests.
A resident director carries the full directors' duties under sections 180 to 184 and personal exposure for matters such as insolvent trading, which is why the appointment is a governance decision, not a formality.
Foreign Investment Review Board
Foreign Investment Review Board approval is generally not required merely to incorporate a proprietary limited company or to hold its shares. FIRB thresholds bite on acquiring Australian land, existing businesses, or sensitive assets above monetary limits. For a standard crypto or fintech start-up incorporating a new entity, FIRB is usually not engaged, but the position should be confirmed where the structure involves acquiring an existing Australian business.
Costs and Pricing
Australia's government formation cost is low: ASIC charges AUD 636 to register a company from .[3] Add the annual review fee and the registered office that section 142 requires and the bill is still under AUD 2,500 in the first year. Australia is cheap to register in. What it is not is easy to staff, because section 201A demands a director who ordinarily resides here. ASIC fees are indexed annually on 1 July.
Government Fees
| Fee Item | Amount (AUD) | Notes |
|---|---|---|
| Company registration (Form 201) | 636≈ $450 | From ; indexed each 1 July |
| Annual review fee (proprietary) | 342≈ $240 | Payable each year on the review date |
| Name reservation (optional) | 65≈ $46 | Form 410 |
| Late review fee (up to 1 month) | 102≈ $71 | Per document |
| Late review fee (over 1 month) | 428≈ $300 | Per document |
| Ten-year annual-review prepayment | 2,538≈ $1,800 | Locks the annual rate for ten years |
Total Cost Summary
| Item | All-in cost (AUD) |
|---|---|
| ASIC registration | 636≈ $450 |
| Registered office in Australia, required by s 142 (annual) | 500–1,500/year≈ $350–1,100 |
| ASIC annual review fee (annual) | 342/year≈ $240 |
| Year 1 indicative total (AUD) | 1,478–2,478≈ $1,000–1,700 |
| Annual indicative ongoing, Year 2+ (AUD) | 842–1,842/year≈ $590–1,300 |
Those totals are far below the five-figure Australian budgets usually quoted, and the difference is deliberate: the totals combine ASIC’s charges with a typical provider price for the registered office that section 142 requires, and they leave out both the resident director’s terms and the partner’s fee for doing the work. Director Identification Numbers cost nothing. Registering a Pty Ltd is genuinely inexpensive. The constraint that actually decides the project is section 201A, which requires a director who ordinarily resides in Australia and who takes on the full duties under sections 180 to 184 and personal exposure for insolvent trading.
What such a person asks is negotiated with them, case by case, and no honest table can put a figure on it in advance.
Taxation
Australia operates a residence-and-source corporate tax system with full dividend imputation. The headline company rate is 30%, reduced to 25% for a base-rate entity, broadly a company with aggregated turnover below AUD 50 million and no more than 80% passive income.[23] The tax year runs 1 July to 30 June. Australia has no offshore-style economic-substance regime; instead, tax residence turns on incorporation or on central management and control being exercised in Australia.[8]
| Tax Type | Rate | Notes |
|---|---|---|
| Corporate income tax (full rate) | 30% | Standard rate |
| Corporate income tax (base-rate entity) | 25% | Turnover < AUD 50m and ≤80% passive income≈ $35M |
| GST (standard) | 10% | Registration threshold AUD 75,000≈ $53K |
| GST on digital currency | Input-taxed or GST-free | Treated like money since ; NFTs and stablecoins are treated differently |
| WHT on dividends | 0% franked / 30% unfranked | Reduced by treaty |
| WHT on interest | 10% | Reduced by treaty |
| WHT on royalties | 30% | Reduced by treaty |
| Superannuation guarantee (employer) | 12% | Since ; Payday Super from [12] |
| Capital gains | Taxed as income | The 50% CGT discount is not available to companies |
CRS and CARF Reporting
Australia is a CRS participating jurisdiction.[11] The December 2025 MYEFO announced that the OECD Crypto-Asset Reporting Framework (CARF) will commence in 2027, with the first exchange of information with foreign tax authorities in 2028. A separate domestic crypto tax reporting regime will also commence in 2027, with information first reported to the Australian Taxation Office in 2028.[25] Crypto assets are treated as CGT assets for income tax, not as foreign currency, and staking and airdrop receipts are generally ordinary income.[9]
Pillar Two (Global Minimum Tax)
Australia has enacted domestic Pillar Two legislation. The Income Inclusion Rule and a Domestic Minimum Tax apply for income years from , and the Undertaxed Profits Rule from .[10] These rules apply only to multinational groups with consolidated revenue of at least 750 million euros in at least two of the previous four years, a threshold that does not affect standalone Australian-domiciled start-ups.
Banking
Banking, not incorporation, is the genuine bottleneck for a non-resident-owned crypto, fintech, or high-risk company in Australia. De-banking is a documented national issue:[16] the Council of Financial Regulators advised the Government in 2022, the advice was published in , and the report identified financial technology firms, digital currency exchanges, and remittance providers as the businesses most affected.[17]
Banks assess these businesses case by case. Public application requirements from major Australian banks cover company registration, business activity and purpose, directors and beneficial owners, identity, addresses, and source of wealth or funds.[27][28] AUSTRAC registration permits regulated activity; it does not guarantee an account.
Jagelski & Partners' banking partner network spans more than 90 institutions, and for a formation client banking is the critical next step after registration. The network and the pre-qualification approach are set out on the banking page.
Annual Compliance
Every Australian company has ongoing obligations, and non-compliance escalates from late fees to deregistration. The model differs from the offshore "annual return": ASIC issues an annual statement on the company's registration anniversary, the company checks and corrects its details and pays the annual review fee, and the directors pass a solvency resolution. Dormant companies are not exempt: the annual review and fee still apply.
Annual Review and Financial Reporting
ASIC issues the annual statement on the registration anniversary; the AUD 342 review fee is due within two months, and directors must pass a solvency resolution within two months of the review date under section 347A. Most small proprietary companies are exempt from preparing and lodging audited financial reports. A company is a large proprietary company, and must lodge audited accounts, if it meets at least two of three tests under section 45A: consolidated revenue of AUD 50 million or more, consolidated gross assets of AUD 25 million or more, or 100 or more employees, thresholds in force since .[6] A small proprietary company that is foreign-controlled can still face reporting obligations.
Tax Filing and AUSTRAC Reporting
The company lodges an annual income tax return with the Australian Taxation Office and pays PAYG instalments. A company registered with AUSTRAC as a virtual asset service provider must maintain AML/CTF policies, file threshold transaction reports for physical-currency transactions of AUD 10,000 or more and suspicious matter reports, and renew its registration every three years.[22] What the headline compliance calendar does not capture is that AUSTRAC obligations begin the moment the business starts exchanging, not when revenue arrives.
Beneficial Ownership and Penalties
Australia does not yet operate a beneficial-ownership register for unlisted companies. On the Government announced that it will proceed directly to a public, Commonwealth-operated register, with detailed policy development with stakeholders from early 2027 and public consultation expected after that.[31] Late review fees are AUD 102 up to one month and AUD 428 beyond one month per document, and continued non-payment moves a company toward ASIC deregistration.
Licensing Pathways from an Australian Company
An Australian company should be structured with its intended licence in mind, because capital, governance, and reporting expectations differ sharply between a registration and a full licence. Formation produces a registered Pty Ltd and the capacity to apply. It does not grant any licence or registration.
AUSTRAC Virtual Asset Service Provider Registration
Regulator: AUSTRAC. A registration, not a licence, mandatory for virtual asset exchange, transfer, and safekeeping services and renewed every three years.
Australian Financial Services Licence (AFSL)
Regulator: ASIC. Required for dealing in financial products and, under the regime commencing subject to exemptions and a six-month licensing transition, for digital asset platforms and tokenised custody; custodial providers face net-tangible-asset requirements.
The realistic upgrade path is sequential: form the Pty Ltd, register with AUSTRAC if the business provides a registrable virtual asset service, such as exchange, transfer, or safekeeping of virtual assets,[15] then pursue an AFSL where the activity involves financial products or, once the platform regime commences in 2027, platform custody.[19]
Advantages and Limitations
Australia rewards operators who want regulatory credibility and a real domestic market, and penalises those looking for a cheap, fully remote shell. The advantages are genuine and the limitations are concentrated in two places: the resident-director requirement and banking access.
- FATF-clear, high-trust base. Founding FATF member on no grey or black list, which eases correspondent banking and counterparty due diligence.[13][14]
- Fast, low-cost government registration. Australian Company Number in one to three business days for an ASIC fee of AUD 636.
- Full foreign ownership and no minimum capital. A non-resident may own 100% of a Pty Ltd with no statutory share-capital floor.
- Clear digital-asset roadmap. Platforms are moving under the established AFSL framework rather than an untested standalone regime.
- Large domestic market and treaty network. Access to a substantial economy and comprehensive income tax treaties with 47 jurisdictions.[32]
- Resident-director requirement. At least one director must ordinarily reside in Australia. Mitigation: identify a resident director who understands the duties and the liability, and settle that before you file rather than after.
- Difficult banking for non-resident crypto businesses. De-banking is a documented national issue. Mitigation: prepare the business-activity, ownership and control, identity, address, and source-of-wealth or source-of-funds evidence banks request, and treat AUSTRAC registration as a separate legal operating condition rather than a banking guarantee.
- Headline corporate tax of 30%. Higher than the major APAC hubs. Mitigation: confirm base-rate-entity eligibility for the 25% rate, and model effective tax with the franking system rather than the headline figure.
- No EU market access. An Australian company confers no EU passporting. Mitigation: operators targeting EU clients can obtain a separate CASP authorisation in an EU member state, or, for services provided at the client’s own exclusive initiative only, may fall within the narrow reverse solicitation exemption under MiCA Article 61.
- Formation does not equal a licence. Crypto and financial activity requires AUSTRAC registration or an AFSL on a fixed timeline. Mitigation: design the entity and capital structure around the intended licence from the outset, using the Australia crypto licensing guide.
How Australia Compares
Among reputable, non-EU Asia-Pacific and Commonwealth bases, Australia sits between the low-tax APAC hubs and a Western alternative. All four are FATF-clear, high-credibility jurisdictions; the working trade-offs are tax, compliance load, and crypto banking. Singapore competes on tax and global standing, Hong Kong on territorial tax and the absence of a director-residency rule, and the United Kingdom on fast, cheap formation with no resident director.[24] None grants EU market access.
| Factor | Australia | Singapore | Hong Kong | United Kingdom |
|---|---|---|---|---|
| Entity Type | Pty Ltd | Pte Ltd | Private Ltd | Private Ltd |
| Timeline | 1 to 3 business days | Same day to a few days | About 1 day (electronic incorporation) | Registration usually within 24 hours (about 1–8 days end to end)[29] |
| State Fee | AUD 636≈ $450 | SGD 315≈ $250 | HKD 3,895 (incl. business reg.)≈ $500 | GBP 100≈ $130 |
| Min. Capital | None | SGD 1 | None | None |
| Corporate Tax | 25% / 30% | 17% | 8.25% / 16.5% (territorial) | 19% / 25% |
| Company Secretary | Not required | Required (resident, within 6 months) | Required (HK-resident or licensed TCSP) | Not required |
| Annual Audit | Exempt below thresholds | Exempt below thresholds | Mandatory (all non-dormant companies) | Exempt below thresholds |
| EU Passporting | No | No | No | No |
| FATF Status | Clear | Clear | Clear | Clear |
| Institutional Credibility | High (major OECD economy) | High (MAS-regulated hub) | High (Tier-1) | High (Tier-1) |
| Remote Management | Limited (resident director) | Limited (resident director) | Yes (local secretary required) | Yes |
| Crypto Banking | Difficult | Moderate | Difficult | Difficult |
| Best For | Operators pairing a high-trust APAC entity with domestic market access and a local licence path | Low-tax global APAC hub | Territorial tax, no director-residency rule | Fast, low-cost Western base |
Compare every formation jurisdiction side by side →
Australia's distinctive cost is not its government fee, which is trivial, but the resident-director arrangement that Singapore also imposes and that Hong Kong and the United Kingdom do not. Its ongoing compliance load is lighter than it first appears: no company secretary is required and most small proprietary companies are audit-exempt, where every non-dormant Hong Kong company must be audited annually. On headline tax it is the most expensive of the four, which is the price of its domestic market and credibility.
The key difference is this: an operator choosing purely on speed, cost, and remote management would favour the United Kingdom or Hong Kong, while one prioritising a substantial regulated domestic market and a clear crypto-licensing pathway in the Asia-Pacific region has a strong case for Australia.
When Australia Is the Right Choice
Choose Australia if you need a credible, FATF-clear Asia-Pacific base; if you are building toward an AUSTRAC registration or AFSL and want the entity and licence in one jurisdiction; or if access to the Australian domestic market matters commercially. Consider alternatives if your priority is the lowest tax (Singapore at 17% or Hong Kong's territorial system), fully remote management with no resident director (Hong Kong or the United Kingdom), or a fast, low-cost incorporation (the United Kingdom, where a standard online application is usually registered within 24 hours).
Not sure which column is you? Ask Emma. She compares these jurisdictions in seconds, in your language.
Frequently Asked Questions
ASIC typically issues an Australian Company Number one to three business days after the application is lodged through the Business Registration Service. For a non-resident-owned company the realistic end-to-end timeline is one to four weeks, because obtaining a Director Identification Number for an overseas director and arranging the resident director, not the ASIC filing, set the pace.
Yes. Foreign ownership of a proprietary limited company is unrestricted, and a non-resident may hold all of the shares. Ownership and directorship are legally separate, so the foreign owner satisfies the shareholding while a resident director satisfies the management requirement. Foreign Investment Review Board approval is generally not required merely to incorporate or to hold shares; it applies to acquiring Australian land, existing businesses, or sensitive assets above set thresholds.
Yes. Under section 201A of the Corporations Act 2001, a proprietary limited company must have at least one director who ordinarily resides in Australia, and a public company needs at least three directors, two of whom must ordinarily reside in Australia. Directors must be natural persons; corporate directors are not permitted. A resident director carries the full directors’ duties and personal liability, including for insolvent trading, so the appointment is a governance decision rather than a formality.
The ASIC government registration fee is AUD 636 from , and the annual review fee is AUD 342. Add the registered office in Australia that section 142 of the Corporations Act 2001 requires, at a typical provider price of AUD 500 to 1,500 a year, and the indicative Year-1 cost is AUD 1,478 to 2,478, about USD 1,000 to 1,700, settling at AUD 842 to 1,842 a year.
Director Identification Numbers are issued free by the ABRS. What the figure does not cover is the section 201A resident director: that appointment carries the full directors’ duties and personal liability, so what the person asks is agreed case by case, as is the partner’s fee for running the mandate.
The full company tax rate is 30%, reduced to 25% for a base-rate entity, broadly a company with aggregated turnover below AUD 50 million and no more than 80% passive income. Australia uses full dividend imputation, so franking credits attach to dividends paid from taxed profits. The 50% capital gains discount available to individuals does not apply to companies.
Crypto assets are treated as capital gains tax assets for income tax, not as foreign currency, and staking and airdrop receipts are generally ordinary income. For GST, digital currency has been treated like money since , so exchanging it does not attract a second layer of GST; relevant supplies are input-taxed or GST-free depending on the counterparty. Note that NFTs and stablecoins are treated differently from digital currency.
Banking access is not guaranteed for a non-resident-owned crypto business. De-banking is a documented national issue: the Council of Financial Regulators advised the Government in 2022 on fintech firms, digital currency exchanges, and remittance providers. A virtual asset service provider generally cannot start providing virtual asset services before AUSTRAC approves its registration. Bank acceptance and timing are assessed case by case.
No. Formation produces a registered proprietary limited company and the capacity to apply; it grants no licence or registration. A provider of registrable virtual asset services, such as exchange, transfer, or safekeeping of virtual assets, must register with AUSTRAC, which is a registration rather than a licence and renews every three years. Dealing in financial products requires an Australian Financial Services Licence from ASIC, and so will operating a digital asset platform or tokenised custody platform under the DAP/TCP regime. That regime commences on , subject to exemptions and a six-month licensing transition; under section 1732 the amendments are deferred during that period while the responsible person lacks the relevant AFSL authorisation, and an application made during the transition extends the deferral until the day after ASIC decides.[20] The pathway is covered on the Australia crypto licensing guide.
An Australian company does not grant EU market access or passporting rights. MiCA Article 61 permits third-country firms to serve EU clients only where the client initiates the service at its own exclusive initiative, and ESMA's guidelines list signs that a firm is likely to be regarded as soliciting, such as EU-targeted marketing or geo-targeted advertising, judged on all the facts; a firm that solicits EU clients cannot rely on the exemption. Operators seeking systematic EU market access should obtain a separate CASP authorisation in an EU member state. See our reverse solicitation resource for full detail.
ASIC issues an annual statement on the registration anniversary; the company pays the AUD 342 review fee within two months and the directors pass a solvency resolution. Dormant companies are not exempt: the annual review and fee still apply. Most small proprietary companies need not lodge audited accounts unless they are foreign-controlled or meet the large-company thresholds. A company registered with AUSTRAC also files transaction and suspicious-matter reports and renews every three years.
Form your Australian company, with banking scoped first
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References
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