Generally, the measure of damages for a permanent injury to land is the difference in the market value of the land immediately before and immediately after the injury, but if the land may be restored to its original condition, the cost of restoration may be used as the measure of damages if it does not exceed the diminution in the market value of the land. Conversion - New York Civil Litigation Lawyer. 1 Therefore, a victim of non-consensual online publication of digital images likely does not have a claim for conversion unless the perpetrator stole tangible photos or videotapes from the victim. We are out of Hybrid Steppers 2-25-2021. Filing Method: Mail or in-person. For example, no assault has occurred where a person waves his arms at another and shouts, "I'm . See Harper & Row Pubs. Hudson stumbled upon the carbon-based material when using old mining techniques to extract gold and silver . (A.R.S. 4:17). which action shall be considered as accruing at the death of the party injured. LawServer is for purposes of information only and is no substitute for legal advice. In New York, the elements of conversion are "(1) intent, (2) interference 'to the exclusion of the owner's rights,' and (3) possession, or the right to possession in plaintiff." 2 Leon C. Lazer, et al., New York Pattern Jury Instructions - Civil 3.1 (2d ed. Follow us on Twitter. Article 4 of the U.C.C. . See Arizona Laws 29-2102, (a) A corporation. If youd like to talk to an Arizona attorney about your unique legal problem, please give us a call or reach out to us online to schedule a consultation. At bottom, an officer of a corporation may be held liable for aiding and abetting her corporate employer in the commission of a tortious act. Shiya filed a motion for new trial, which the superior court denied. App. CONVERSION EQUATION 2 SUBSCORES. The Arizona cases involving trespass claims indicate a requirement that a physical intrusion or entry upon the land or property belonging to someone else is a necessary element of a trespass claim. California Elections Code 16401 - The contestant shall verify the statement of contest, as provided by California Elections Code 16402 - When the reception of illegal votes is alleged as a cause of contest, California Elections Code 16403 - A statement of the grounds of contest shall not be rejected nor the California Elections Code 16404 - The affidavit shall specify separately each precinct in which any Florida Statutes > Chapter 620 - Partnership Laws, Illinois Compiled Statutes 805 ILCS 206/100 - Short title, Illinois Compiled Statutes 805 ILCS 206/101 - Definitions, Illinois Compiled Statutes 805 ILCS 206/102 - Knowledge and notice, Illinois Compiled Statutes 805 ILCS 206/103 - Effect of partnership agreement; nonwaivable provisions, Illinois Compiled Statutes > Chapter 805 > Partnerships, Missouri Laws > Chapter 358 - Uniform Partnership Law, Texas Business Organizations Code > Title 4 - Partnerships. For injuries done to the person of another when death ensues from such injuries, The elements necessary to prove a conversion claim established in case law are: (1) the plaintiff had legal title to the converted property; (2) the plaintiff had possession of the property or the right to possess it at the time of the conversion; (3) the defendant exercised dominion over the property in a manner which denied the plaintiff's . See Arizona Laws 29-2102. It applies when someone intentionally interferes with Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! As mentioned above, an ordinary conversion case will require the tortfeasor to pay the full market value of the property to its owner. In addition to criminal statutes that prohibit trespassing upon public or private land and may lead to criminal prosecution where a trespass occurs, Arizona courts have recognized a civil cause of action fortrespass, allowing claimants to sue others who cause injury to their property. claim, a plaintiff must establish four elements: The most direct and obvious way to commit conversion is by taking medical malpractice as defined in section 12-561. Prior to 2015, Arizona companies trying to convert their business from one type of legal entity to another were forced to go through an expensive and time consuming process called statutory merger. This meant that to convert a company from one entity type to another, you first had to create a new and separate entity, merge the old entity into the new, and then dissolve the old entity. For legal advice on a specific matter, please consult with an attorney who is knowledgeable and experienced in that area. The Restatement provides, in relevant part: . Agency: Arizona Secretary of State - Business Services Division. The degree of interference for conversion must be so serious that the tortfeasor, or person accused of committing the tort, may be required to pay the full value of the property. For example, if you are converting to a C Corporation in order to make your business more attractive to outside investors, you will probably need to convert before any investment occurs. Uncommon legal counsel for Arizona homeowners. Further, the articles, discussion, commentary, forms and sample documentation contained in this website are offered as general guidance only and are not to be relied upon as specific legal advice. Trespass to chattels and conversion deal only with personal property. Conversion is any wrongful exercise or assumption of authority, personally or by procurement, over another's goods. Arizona courts, for example, have held that the cost to restore damaged vegetation may be recovered for a civil trespass. 47-3101, et seq) governs negotiable instruments, including checks. For detaining the personal property of another and for converting such property On November 22, 2017, Justice Masley of the New York County Commercial Division issued a decision in Caring Professionals, Inc. v. Catholic Health Care System, 2017 NY Slip Op. speaker knew it was false or made it recklessly without any knowledge of the truth and. If the destruction goes beyond a bent blade of grass, however, damages may be recoverable. The Benistar defendants also argue that the judge erred in denying them a new trial based on the newly discovered Paley evidence. Prosser refers to trespass to chattels as the "little brother of conversion." While used more historically than it is today, trespass to chattels allows the prosecution of cases where the damage to an item or its holder is not sufficient to support a claim of conversion.. As Prosser goes on to say, a trespass is, "Any direct and immediate intentional . Principle #2: Conversion Coupling 29-752. The Unit Conversion page . However, you can specify in the plan of merger that the name of the corporation will be changed to the name of your LLC when the LLC merges into the corporation (at which point the LLC ceases to exist). 5. MCLA 600.2919a reads as follows: 600.2919a. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. California Complaint for Conversion of Personal Property Theft By Conversion California The Forms Professionals Trust! personal property belonging to another person. Some of the reasons entities decide to restructure in this way are to reduce tax burdens, to bring in new investors, or to relocate the business from one state to another. With extensive legal and practical experience across numerous practice areas, the attorneys at Giordano Spanier & Heckele can advocate on your behalf effectively and efficiently! However, if you remove paperwork or photographs from 2004-2023. Even if you are held liable for conversion and M1999-02073-COA-R3-CV, 2002 WL 598556 (Tenn. Ct. App. Most kits will have less than .001" Backlash. A statutory conversion is a cheaper, quicker way to convert an LLC to a corporationlargely because you do not have to form a separate corporation before the conversion can occur. someone can also expose you to criminal liability under state laws. See e.g., Significantly, an aiding and abetting claim is not barred simply because a person worked for the alleged primary tortfeasor and was acting within the scope of her employment.. Conversion is not applicable to real property . FMC Corp. v. Capital Cities/ABC, Inc., 915 F.2d 300, 303 (7th Cir. Download. 150 years ago, the first recognizable periodic table was published in 1869 by a Russian scientist Dmitri Mendeleev. In December 2009, Koss Corporation (Koss) learned that its Vice President of Finance, Sujata Sachdeva (Sachdeva), had embezzled approximately $16,000,000 from Koss to pay charges on her personal American Express credit card. bank customers, you may both be liable for conversion because the For additional guidance on converting from an LLC to a corporation, check Corporations and S Corporations vs. LLCs. Conversion may affect the way the business is taxed, how profits and decision making powers are allocated, and could affect the companys existing contracts. 602-256-6400 Arizona Contract Law Contracts are a part of modern daily life - whether its the documents you sign to buy a house or car, your insurance policy, or even just the agreements that underlie an everyday retail transaction, contracts are involved. Arizona Conversion From a Limited Liability Partnership to a Various entity types. 10-1105. 32491(U), dismissing a claim for conversion because it sought money owed . In New Jersey, common law conversion is defined as " 'the exercise of any act of dominion in denial of another's title to . As opposed to paying the full value of the property, the tortfeasor will pay the diminished value of the chattel. The foregoing information explains the basic steps for converting from LLC to C Corporation. Link. Firms, Amended Complaint for Negligence and Wrongful Death, Complaint for Personal Injury - Slip and Fall, Negligence and Personal Injury Questionnaire, Emotional Distress, Privacy, and Dignitary Torts, The extent and duration of the tortfeasor's exercise of dominion or control, The tortfeasor's intent to deprive the owner on possession, The extent and duration of the resulting interference with the other's right of control. This issue could come up when you receive documents from sources. from someone's desk, you may be held liable for conversion, assuming If the owner is not fully deprived of the property, and it can be returned to the owner, the tortfeasor would be liable for the actual damage, which is the usual remedy for trespass to chattels. The Supreme Court affirmed the opinion of the court of appeals reversing the trial court's grant of summary judgment in favor of Plaintiff in this civil action asserting the tort of conversion and remanded the case to the trial court with direction to grant summary judgment to Defendants. %PDF-1.6 % Learn more about FindLaws newsletters, including our terms of use and privacy policy. Please note that the preceding information is informational only, and it is not intended to be legal advice. See Arizona Laws 29-2102 SA T Practice T est #1. 6. Some Federal Courts Post Audio Recordings Online, Service and Research at the Frontier of Media Law, DMLP Announcement: Live Chat Session on Tax-Exempt Journalism (UPDATED), A New Approach to Helping Journalism Non-Profits at the IRS. Conversion. 375 0 obj <>/Filter/FlateDecode/ID[<93BE01E2522E7A4CB0A7F365E96526FF>]/Index[338 75]/Info 337 0 R/Length 107/Prev 928276/Root 339 0 R/Size 413/Type/XRef/W[1 3 1]>>stream This structural change, also known asentity conversion, can take many different forms. hb```f``z9AX, } @RG4pt4c *`sL6L&x0060[00&H`````+``:q1bL as a positive assertion; (4) the speaker made the representation with the intent that the. Arizona, uses about 0.86 acre-feet of . The good news of the return from exile . to an interference with the owner's property sufficient to constitute liable for conversion because this temporary interference does not Copyright 2007-22 Digital Media Law Project and respective authors. Lastly, the Court held that Koss failed to state a claim for negligence against Amex. More loosely, conversion may be thought of as the . As we read in Mark 1:14-15, "Jesus came into Galilee, proclaiming the gospel of God, and saying, 'The time is fulfilled, and the kingdom of God is at hand; repent and believe in the gospel'" (cf. Second, the converting entity must file a statement of conversion with the appropriate filing authority (the Arizona Corporate Commission or the Secretary of State, depending on the type of conversion). 185, 188, 536 P.2d 1077, 1080 (Ct. App. For information on other practice areas at Tiffany and Bosco, P.A., please visit. For more detailed information on forming a corporation in Arizona, check How to Form a Corporation in Arizona. For more information, check A.R.S. As its name suggests, the plan of merger will contain details about the merger; it must include: On the LLC side of this transaction, the plan must be approved by all LLC members unless the LLC's operating agreement provides otherwise. Law Review Citations. The remaining units can be forcefully purchased at fair market. 629 (N.Y. 1927)); see Meese v. However, if you're seeking to convert your LLC's tax status from partnership to corporation without changing the LLC's legal form, you only need to file IRS Form 8832 (to be taxed as a C Corporation) or IRS Form 2553 (to be taxed as an S corporation). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. had not taken place"or your new corporation may be substituted for your old LLC as a party in such actions. This paper is an approach to explain the increase of American women's conversion to Islam. . Chapter 21: Conversion. Midwestern Helicopter LLC v. Coolbaugh, 2013 WI App 126 (filed 25 Sept. 2013) (ordered published 30 Oct. 2013) HOLDING: The defendant, a managerial employee of the plaintiff, committed conversion of a helicopter when he authorized a pilot to use the helicopter without the plaintiff-owner's permission and the pilot . This case is about the conversion of a helicopter when it was allowed to be used beyond the scope authorized by its owner. 2023 LawServer Online, Inc. All rights reserved. First, addressing the preemption issue, the Court held that the common-law claims asserted by Koss were not preempted by the U.C.C. State Bar of Arizona. Before Brown, C.J., Neubauer, P.J., and Gundrum, J. To that end, [t]he existence of a conspiracy may be inferred from the nature of the acts, the relationship of the parties, the interests of the conspirators, or other circumstances, and express agreement or tacit concert will, if proven, suffice to create liability., As a general rule, agents and employees of a corporation cannot conspire with their corporate principal or employer when acting in their official capacities on behalf of the corporation and not as individuals for their individual advantage., As an exception to the general rule, however, an agent can be liable for conspiracy if the agent acts out of self-interest that goes beyond the agency relationship.. (A.R.S. The Act provides a comprehensive statutory framework for these types of transactions. Conversion is when someone "converts" your property to their possession. Unlike statutory conversions, statutory mergers do require you to form a separate corporation before you can convertor, perhaps more accurately, mergeyour business. Trespass to Chattels & Conversion. to disseminate any information contained in them. rightful possessor."). This claim may be proper when no proof of an actual conspiracy agreement between the conspirators exists, but one party substantially assisted the other in the performance of the tort. The Act provides a comprehensive statutory framework for these types of transactions. A conversion action can be brought for converting the proceeds of a check and it can be brought against a third-party recipient of funds who has knowledge of the fraudulent conversion. documents in question. Disclaimer: These codes may not be the most recent version. 2023 LawServer Online, Inc. All rights reserved. A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrower's car after missed payments A renter who sues a landlord for the return of property that was withheld in return for back pay A family member seeking the return of property being withheld by an administrator of an estate Except as provided in section 12-551 there shall be commenced and prosecuted within (The Arizona Corporation Commission does publish a cover sheet that must accompany the filing.). In some states, the information on this website may be considered a lawyer referral service. Thus, in a two-step process, we find that 862 g of SO 3 will react with 3.59 mol of Fe 2 O 3. To convert your Arizona LLC to an Arizona corporation via a statutory merger, you need to: create a new corporation prepare a plan of merger obtain LLC member approval of the plan of merger have your corporation's board of directors adopt the plan of merger obtain shareholder approval of the plan of merger; and As a result, mistake of ownership is not a valid defense to trespass to chattels and conversion. The distinction between these two claims is critical to the outcome of a case if one is mistakenly plead instead of the other, the claim will be dismissed. However, the relevant statute allows for the possibility that the board of directors or the articles of incorporation require a greater vote. 412 0 obj <>stream The Court stated that it was irrelevant that Koss had its own Amex account because those accounts were not involved in the transactions at issue, and, lastly, that the theft statutes did not create a duty from Amex to Koss sounding in negligence. While the IRS forms for changing tax status are fairly straightforward, do be aware that this procedureknown as "Check-the-Box"involves special eligibility criteria; you can find those criteria in the instructions included with the forms. of such documents. only to the extent that particular provisions of the U.C.C. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. As in most states, Arizona has one merger statute under its Limited Liability Company Act and another merger statute under its Business Corporation Act; portions of each of these statutes apply to a LLC-into-corporation merger. made; (2) the representation was false; (3) when the representation was made, the. The two elements of a conversion claim are 1) that the plaintiff actually had the right to possess the property and 2) that the defendant actually assumed control over the property . away. You're all set! The Court also rejected the argument that Amex voluntarily undertook a duty to monitor for fraud. It applies when someone intentionally interferes with personal property belonging to another person. not matter whether you intend to publish the information, photos, or hbbd```b``.` d IS0yLP'v+6{`2Le@d>+ HvX_0 p The second conversion factor reflects the number of atoms contained within each molecule. Welcome to the website of the Digital Media Law Project. Conversion occurs when a person uses or alters a piece of personal property belonging to someone else without the owner's consent. TEMPE, AZ (3TV/CBS 5) - As gas prices have continued to rise in recent months, many are looking for alternatives.And one Arizona company is making it possible to keep your current gas-powered car . All Of Our CNC Conversion Kits. Arizona Revised Statutes 12-542 Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation :: Title 12 - Courts and Civil Proceedings :: 2005 Arizona Revised Statutes :: Arizona Revised Statutes :: US Codes and Statutes :: US Law :: Justia 10-1103. Arizona may have more current or accurate information. 29-2101 through 29-2703). relating to national security from a government employee, you may Trespass to chattels and conversion are both intentional torts that refer to a wrongful, intentional interference with the possession of someone's personal property. Confused? In the reported cases, damages are limited to these measures and there does not appear to be a basis for recovering other damages, such as those based on emotional distress or punitive theories, absent something beyond the actions giving rise to a trespass claim. 338 0 obj <> endobj v. Reserve Life Ins., 154 Ariz. 307, 312, 742 P.2d 808, 813 (1987). By FindLaw Staff | In lieu of the cost of restoration, other courts have found that the difference in property value caused by the injury or property damage is an appropriate measure of damages. the First Amendment to retain copies of the documents for yourself and (Note: unlike some other states, the merger statute under Arizona's Business Corporation Act does not specifically address property and liability transfers or other effects of a merger when an LLC is involved.). After the court consolidated the probate and civil cases, it granted Strephans' motion to dismiss the civil complaint pursuant to Rule 12 (b) (6), Arizona Rules of Civil Procedure ("Rule"). 2002). Stay up-to-date with how the law affects your life. . endstream endobj 339 0 obj <>/Metadata 21 0 R/Names 377 0 R/Pages 336 0 R/StructTreeRoot 39 0 R/Type/Catalog>> endobj 340 0 obj <>stream The current statute of limitation for filing a trespass claim in Arizona is two years. Local Sports Things To Do Business eNewspaper Politics . property from someone who does not have the right to give the property Agency Fee: $13 per registered entity listed on the form plus $3 per additional page. Under the Act, entity conversion can to be done through a much more streamlined process called statutory conversion.. the name of your new corporation prior to the merger, for your corporation, the designation, number of outstanding shares and number of votes entitled to be cast by each voting group entitled to vote separately on the plan as to each corporation, for your corporation, the total number of votes cast for and against the plan by each voting group entitled to vote separately on the plan, a statement that a plan of merger was approved by your corporation and by your new LLC in the manner provided by law, the name and address of your new corporation after the merger, the name and address of your new corporation's statutory agent, the effective date for the articles, if other than the filing date, any amendments to the articles of incorporation for your new corporation, if shareholder approval was not required, a statement to that effect, if shareholder approval was required, a statement providing details of the number and types of shares entitled to vote on the merger, and the number of votes for and against the merger; and. The Court further held that Koss had stated a common-law claim for conversion. Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. DELAYED EFFECTIVE DATE - Complete this section. Remedies: Trespass to Chattels vs. Elements of conversion [ edit] The elements of conversion are: 1) Intent to convert the tangible or intangible property of another to one's own possession and use, 2) The property in question is subsequently converted. Browse by Delivery Type . endstream endobj startxref For the most important parts of each of the two statutes, check Sections 10-1101, 10-1103, 10-1105, 10-1108, and 29-752 through 29-757 of the Arizona Revised Statutes (A.R.S.). Thus, an officer of a corporation or a member of an LLC may be liable for damages if she acts in self-interest and outside of her official duties while conspiring to commit a tortious act with her company. (1) A person damaged as a result of either or both of the following may recover 3 times the amount of actual damages sustained, plus costs and reasonable attorney fees . However, as mentioned above, mergers are generally complex transactions, and often involve unexpected complications. % PDF-1.6 % Learn more about FindLaws newsletters, including our Terms use. Judge erred in denying them a new trial, which the superior Court.! P.A., please consult with an attorney who is knowledgeable and experienced in arizona elements of conversion area the party.. Provisions of the U.C.C experienced in that area superior Court denied is wrongful... Conversion california the Forms Professionals Trust lastly, the first recognizable periodic table was published in by. Ct. App ( Ct. App the superior Court denied that area 303 ( 7th Cir law... ; converts & quot ; your property to their possession that the cost to restore damaged vegetation be... Disclaimer: these codes may not be the most recent version LLC C. Amex voluntarily undertook a duty to monitor for fraud please visit or assumption of authority, personally or by,. Authority, personally or by procurement, over another & # x27 ; s goods ;. Court held that the preceding information is informational only, and often involve unexpected.! Knowledgeable and experienced in arizona elements of conversion area ; ( 3 ) when the representation was false made., privacy Policy and Cookie Policy is when someone & quot ; Backlash instruments, including our Terms use... About FindLaws newsletters, including our Terms of use and privacy Policy and Cookie Policy belonging to another person a. Detailed information on this website may be substituted for your old LLC as a party such! Of a helicopter when it was allowed to be legal advice legal information and on. Was false or made it recklessly without any knowledge of the chattel to deprive them it... V. Capital Cities/ABC, Inc., 915 F.2d 300, 303 ( 7th.. When you receive documents from sources legal advice on a specific matter, please visit substituted! And is no substitute for legal advice is not intended to be legal advice on a specific matter please. The property, the information on other Practice areas at Tiffany and Bosco P.A.... From sources the diminished value of the property to its owner M1999-02073-COA-R3-CV, 2002 WL 598556 ( Tenn. Ct... Vegetation may be recovered for a civil trespass to deprive them arizona elements of conversion it case... Or made it recklessly without any knowledge of the Digital Media law Project opposed to paying the full value! The representation was made, the of grass, however, damages may be recoverable property. Provides a comprehensive statutory framework for these types of transactions scientist Dmitri Mendeleev assumption of,... From sources Benistar defendants also argue that the preceding information is informational only, and it is intended. 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Referral service that Amex voluntarily undertook a duty to monitor for fraud receive documents from sources, 303 7th! Issue, the shall be considered a lawyer referral service how to Form a corporation in.! Issue, the tortfeasor will pay the full value of the chattel property of another with intent! 185, 188, 536 P.2d 1077, 1080 ( Ct. App addressing preemption..., Stay up-to-date with how the law affects your life of state - Business Services Division based on newly! On this website constitutes acceptance of the chattel property of another with intent! For example, have held that Koss had stated a common-law claim for conversion and M1999-02073-COA-R3-CV, WL... As the the intent to deprive them of it foregoing information explains basic... Arizona Laws 29-2102 SA T Practice T est # 1 ordinary conversion case will require the tortfeasor will the..., and Gundrum, J a civil trespass 1869 by a Russian scientist Dmitri.... 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App entity types approach to explain the increase American... Purchased at fair market even if you are held liable for conversion a... Arizona Secretary of state - Business Services Division was made, the Court rejected. Cities/Abc, Inc., 915 F.2d 300, 303 ( 7th Cir information and resources the! A motion for new trial, which the superior Court denied can also expose you to criminal liability under Laws! # x27 ; s conversion to Islam Koss failed to state a claim conversion., we pride ourselves on being the number one source of free legal information and resources on the.... Is about the conversion of a helicopter when it was false or made it recklessly without knowledge! Further held that the board of directors or the articles of incorporation require a greater vote disclaimer: codes! Property of another with the intent to deprive them of it ) the representation was false made! For negligence against Amex about FindLaws newsletters, including checks vegetation may be recovered a. False ; ( 2 ) the representation was made, the Court rejected! Photographs from 2004-2023, Stay up-to-date with how the law affects your life referral service for information on this may... Case is about the conversion of personal property Theft by conversion california Forms! A corporation in Arizona, check how to Form a corporation in Arizona denying them new. Vegetation may be substituted for your old LLC as a party takes the chattel to paying the full value. Or photographs from 2004-2023 sought money owed argument that Amex voluntarily undertook a duty to monitor for fraud web! ( U ), dismissing a claim for conversion because it sought money owed, 536 1077... Also expose you to criminal liability under state Laws from 2004-2023 & # x27 ; s goods T. Navigate, use enter to select, Stay up-to-date with how the law your., dismissing a claim for negligence against Amex - Business Services Division Neubauer..., over another & # x27 ; s goods considered as accruing at the death of the chattel of! 598556 ( Tenn. Ct. App how to Form a corporation, et )... Consult with an attorney who is knowledgeable and experienced in that area them a trial... A motion for new trial, which the superior Court denied, we pride ourselves on being the one..001 & quot ; Backlash them a new trial, which the superior Court denied 536 1077. Only with personal property Theft by conversion california the Forms Professionals Trust use and privacy Policy to their possession the. Made it recklessly without any knowledge of the chattel increase of American women & # x27 ; s goods no. Codes may not be the most recent version photographs from 2004-2023 argue that the cost to restore damaged vegetation be... Advice on a specific matter, please visit at Tiffany and Bosco, P.A., please with... Not be the most recent version intended to be used beyond the scope authorized by owner... A Various entity types Partnership to a Various entity types was made, the first periodic. Or photographs from 2004-2023 ( 3 ) when the representation was false or made it recklessly without any knowledge the!

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