By the finish of the chapter, you have to be able to:Identify the inquiries to questioning in selecting the appropriate kind of ownership for a business.Describe the single proprietorship and also partnership develops of organization, and specify the advantages and disadvantages.Identify the different species of partnerships, and explain the prestige of a cooperation agreement.Explain just how corporations are formed and how castle operate.Discuss the advantages and disadvantages of the corporate kind of ownership.Examine special varieties of company ownership, including restricted liability companies, cooperatives, and not-for-profit corporations.Define mergers and also acquisitions, and also explain why carriers are encouraged to unify or gain other companies.
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The ice Cream Men
Who would have actually thought it? two ex-hippies with solid interests in society activism would finish up beginning one of the best-known ice cream companies in the country—Ben & Jerry’s. Maybe it was intended to be. Ben Cohen (the “Ben” that Ben & Jerry’s) always had a fascination v ice cream. As a child, the made his very own mixtures by smashing his favourite cookies and also candies into his ice cream cream.
But it wasn’t until his an elderly year in high institution that he ended up being an official “ice cream man,” happily driving his truck through communities filled with children eager come buy his ice cream cream pops. After high school, Ben tried college however it wasn’t for him. The attended Colgate college for a year and also a fifty percent before the dropped the end to return to his actual love: gift an ice cream man. That tried college again—this time at Skidmore, whereby he learned pottery and also jewelry making—but, in spite of his choice of courses, still didn’t like it.
In the meantime, Jerry greenfield (the “Jerry” that Ben & Jerry’s) was complying with a comparable path. He majored in pre-med in ~ Oberlin university in the wishes of one day coming to be a doctor. But he had actually to offer up on this goal as soon as he to be not welcomed into medical school. Top top a hopeful note, though, his college education steered him into a more profitable field: the civilization of ice cream cream making. He got his an initial peek at the ice cream cream industry when he operated as a ladle in the student cafeteria at Oberlin. So, fourteen year after they very first met on the junior high college track team, Ben and Jerry reunited and also decided to go into ice cream making large time. They moved to Burlington, Vermont—a college town in need of an ice cream parlor—and completed a $5 correspondence food from pen State top top making ice cream cream. After gaining an A in the course—not surprising, given that the exam were open up book—they take it the plunge: through their life savings of $8,000 and $4,000 of obtained funds they collection up an ice cream shop in a made-over gas station on a busy street edge in Burlington.<1>The next large decision was which kind of company ownership was ideal for them. This chapter introduces friend to their options.The Canadian Landscape
Innovation, Science and Economic development Canada (ISED) specifies a company based ~ above the number of paid employees. Because that this reason, self-employed and “indeterminate” businesses are generally not included in the present publication together they perform not have actually paid employees.
Accordingly, this publication defines an SME (small-to-medium enterprise) together a business establishment v 1–499 paid employees, much more specifically:A little business has 1 to 99 payment employees.A medium-sized company has 100 come 499 payment employees.A big business has actually 500 or an ext paid employees.
ISED likewise categorizes businesses with 1-4 employees as micro-enterprises.
“As the December 2015, there were 1.17 million employee businesses in Canada, as presented in Table 1.1-1. Of these, 1.14 million (97.9 percent) enterprise were little businesses, 21,415 (1.8 percent) were medium-sized businesses and 2,933 (0.3 percent) were large enterprises.” (Industry Canada)
Factors come Consider
If you’re beginning a new business, you need to decide which legal type of ownership is finest for you and your business. Do you want to very own the service yourself and also operate together a sole proprietorship? Or, execute you desire to re-publishing ownership, operation as a cooperation or a corporation? prior to we comment on the pros and also cons of these three types of ownership, let’s attend to some of the questions that you’d more than likely ask yourself in choosing the appropriate legal kind for your business.In setup up her business, perform you desire to minimization the prices of acquiring started? do you expect to avoid facility government regulations and also reporting requirements?How much regulate would you like? how much duty for to run the service are you ready to share? What around sharing the profits?Do you want to protect against special taxes? carry out you have all the an abilities needed to run the business? are you most likely to get along with your co-owners end an extended duration of time?Is it important to you the the organization survive you? What room your financing needs and how execute you plan to finance your company? exactly how much personal exposure to liability room you willing to accept? execute you feeling uneasy around accepting an individual liability because that the action of other owners?
No single kind of ownership will offer you whatever you desire. You’ll need to make some trade-offs. Because each option has actually both advantages and disadvantages, your task is to decision which one uses the features that are most important to you. In the complying with sections we’ll compare three ownership choices (sole proprietorship, partnership, corporation) on these eight dimensions.
Sole Proprietorship and also Its Advantages
In a sole proprietorship, you make all essential decisions and are typically responsible for every day-to-day activities. In exchange because that assuming every this responsibility, you obtain all the revenue earned by the business. Revenues earned are taxed as an individual income, so girlfriend don’t need to pay any kind of special federal and also provincial revenue taxes.
Disadvantages of single Proprietorships
For countless people, however, the single proprietorship is no suitable. The flip next of enjoying complete control is having actually to supply all the various talents that might be crucial to do the organization a success. And also when you’re gone, the organization dissolves. You additionally have to depend on your very own resources for financing: in effect, you room the business and any money borrowed by the service is loaned to you personally. Even an ext important, the sole proprietor bears endless liabilityfor any kind of losses occurs by the business. The principle of unlimited personal liability way that if the organization incurs a blame or sick a catastrophe (say, acquiring sued for resulting in an injury to someone), the owner is personally liable. As a single proprietor, you placed your an individual assets (your financial institution account, her car, maybe also your home) at danger for the sake of her business. You deserve to lessen your threat with insurance, yet your liability exposure can still be substantial. Provided that Ben and Jerry determined to start their ice cream organization together (and thus the business was not owned by only one person), they can not collection their firm up as a single proprietorship.
A partnership(or basic partnership) is a company owned together by 2 or much more people. About 10 percent the U.S. Businesses space partnerships<2>and though the vast bulk are small, part are rather large. For example, the large four public accounting firms, Deloitte, PwC, ernst & Young, and also KPMG, room partnerships. Setup up a partnership is more complex than setting up a sole proprietorship, but it’s still relatively easy and inexpensive. The price varies according to size and also complexity. It’s possible to kind a basic partnership there is no the help of a lawyer or an accountant, though it’s normally a good idea to get expert advice.
Professionals can assist you identify and resolve worries that may later produce disputes among partners.
Provincial and federal governments likewise support small businesses and offer totally free resources and also opportunities for funding. Canada business Network(
canadabusiness #SMEPME)is a cooperation arrangement among federal departments and also agencies, provincial and also territorial governments and not-for-profit entities.
It uses webinars and also other finding out events across the country. For example, Ontario’s small Business Access, provides workshops, a assist line, funding, and provides up-to-date details on legit requirements.
The partnership Agreement
The influence of conflicts can be decreased if the partners have executed a well-planned cooperation agreementthat specifies everyone’s rights and responsibilities. The commitment might carry out such details together the following:Amount that cash and also other contribute to be made through each partner division of partnership revenue (or loss)Partner responsibilities—who walk whatConditions under i m sorry a partner have the right to sell an interest in the companyConditions for dissolving the partnershipConditions for settling disputes
Unlimited Liability and the Partnership
A significant problem with partnerships, similar to sole proprietorships, is unlimited liability: in this case, each companion is personally responsible not only for his or her very own actions but additionally for the actions of all the partners. If your companion in an architectural firm provides a failure that reasons a framework to collapse, the loss your business incurs impacts you simply as much as it would him or her. And also here’s the really poor news: if the business doesn’t have the cash or other assets to cover losses, you deserve to be personally sue for the amount owed. In various other words, the party who experienced a loss because of the error deserve to sue you for your an individual assets. Many human being are understandably wake up to enter into partnerships since of endless liability. Particular forms that businesses allow owners to limit their liability. These include minimal partnerships and corporations.
The law permits business owners to form a minimal partnershipwhich has actually two species of partners: a single general partner who runs the business and also is responsible because that its liabilities, and any number of restricted partners who have limited involvement in the business and whose losses are restricted to the amount of their investment.
Advantages and Disadvantages that Partnerships
The partnership has several advantages over the sole proprietorship. First, that brings with each other a diverse group the talented people who share responsibility for running the business. Second, it renders financing easier: the organization can draw on the financial resources of a variety of individuals. The partners no only add funds come the organization but can additionally use personal resources come secure bank loans. Finally, continuity needn’t it is in an issue because partners deserve to agree legitimate to allow the cooperation to endure if one or more partners die.
Still, there are some negatives. First, as disputed earlier, partners room subject to countless liability. Second, gift a partner means that you have to share decision making, and many people aren’t comfortable v that situation. Not surprisingly, partners frequently have differences of opinion on exactly how to operation a business, and also disagreements can escalate to the allude of dangerous the keep going of the business. Third, in enhancement to share ideas, partners also share profits. This arrangement can work-related as lengthy as all partners feel the they’re gift rewarded according to your efforts and also accomplishments, yet that isn’t always the case. When the partnership type of ownership is viewed negatively through some, the was specifically appealing to Ben Cohen and also Jerry Greenfield. Beginning their ice cream service as a partnership to be inexpensive and also let them integrate their restricted financial resources and use their diverse skills and talents. Together friends castle trusted each other and also welcomed common decision making and profit sharing. Castle were also not wake up to be held personally liable for each rather actions.
A corporation(sometimes called a continuous or C-corporation) different from a single proprietorship and a partnership because it’s a legal reality that is totally separate indigenous the parties who very own it. That can enter into binding contracts, buy and also sell property, sue and also be sued, be organized responsible because that its actions, and also be taxed. When businesses with any considerable size, the is advantageous to organize together a corporation so that its owners can limit their liability. Corporations, then, have tendency to be much larger, ~ above average, 보다 businesses utilizing other develops of ownership.Most big well-known businesses room corporations, yet so are numerous of the smaller sized firms with which most likely you perform business.
Ownership and also Stock
Corporations are owned by shareholderswho invest money in the business by buying shares of stock. The section of the corporation they very own depends top top the percentage of share they hold. For example, if a corporation has actually issued 100 share of stock, and you very own 30 shares, you own 30 percent that the company. The shareholders elect a plank of directors, a group of world (primarily from external the corporation) who space legally responsible because that governing the corporation. The plank oversees the significant policies and also decisions make by the corporation, set goals and holds monitoring accountable for achieving them, and hires and also evaluates the top executive, generally called the CEO (chief executive, management officer). The board also approves the circulation of income to shareholders in the form of cash payments called dividends.
Benefits that Incorporation
The corporate form of organization uses several advantages, including limited liability because that shareholders, greater access to gaue won resources, devoted management, and continuity.
The most important benefit of organization is the limited liabilityto i beg your pardon shareholders space exposed: they space not responsible because that the duties of the corporation, and they can lose no much more than the amount that they have actually personally invested in the company. Limited liability would have actually been a huge plus because that the unfortunate individual whose organization partner burned down your dry clean establishment. Had they been incorporated, the corporation would have actually been liable for the debts incurred by the fire. If the corporation didn’t have enough money to pay the debt, the individual shareholders would certainly not have actually been obligated to pay anything. Lock would have lost all the money the they’d invest in the business, yet no more.
Incorporation additionally makes it possible for businesses to raise accumulation by offering stock. This is a huge advantage together a agency grows and needs an ext funds come operate and compete. Relying on its size and financial strength, the corporation likewise has an benefit over other forms of organization in getting financial institution loans. An established corporation deserve to borrow its very own funds, yet when a little business requirements a loan, the financial institution usually calls for that that be guarantee by that owners.
Because of their dimension and ability to pay high sales commissions and benefits, enterprise are typically able come attract more skilled and talented employees than are proprietorships and partnerships.
Continuity and also Transferability
Another benefit of organization is continuity. Because the corporation has a legitimate life different from the resides of its owners, it have the right to (at least in theory) exist forever.
Transferring property of a corporation is easy: shareholders merely sell their stock to others. Part founders, however, want to restrict the german of their stock and also so choose to run as a privately-held corporation. The stock in this corporations is organized by only a couple of individuals, who space not enabled to sell it to the general public.
Companies v no such constraints on stock sales are referred to as public corporations; share is accessible for sale to the basic public.
Drawbacks come Incorporation
Like single proprietorships and partnerships, corporations have actually both positive and an unfavorable aspects. In sole proprietorships and partnerships, because that instance, the individuals who own and also manage a company are the exact same people. That company managers, however, don’t necessarily very own stock, and also shareholders don’t necessarily work for the company. This situation can be difficult if the goals of the two teams differ significantly.
Managers, for example, are often an ext interested in career advancement than the all at once profitability the the company. Stockholders can care much more about revenues without regard because that the well-being of employees. This situation is recognized as the agency problem, a problem of interest innate in a connection in i m sorry one party is supposed to plot in the ideal interest of the other. The is often quite challenging to protect against self-interest native entering right into these situations.
Another drawback come incorporation—one that regularly discourages little businesses native incorporating—is the truth that corporations are an ext costly to set up. As soon as you combine filing and licensing fees with audit and lawyer fees, combine a organization could collection you earlier by $1,000 come $6,000 or much more depending on the size and also scope of your business.<3> Additionally, corporations are subject to levels of regulation and also governmental oversight that have the right to place a burden on small businesses. Finally, corporations room subject to those generally dubbed “double taxation.” Corporations room taxed through the federal and provincial federal governments on your earnings. When these earnings are dispersed as dividends, the shareholder pay count on these dividends. Corporate revenues are thus taxed twice—the corporation payment the counting the an initial time and also the shareholder pay the count the second time.
The Canadian Comparison
“Incorporation: taxation savings, but much more paperwork”, a 2017 write-up in The Globe and also Mail, puts incorporation in come the Canadian perspective:
In Ontario, an incorporated business pays a tax rate of 15 every cent ~ above the very first $500,000 of income each year, thanks to the tiny business taxation deduction, and 26.5 every cent because that anything beyond that. Rates vary by province. A lower tax rate is one of the vital advantages to incorporating a business. However, accountants do the difference that the counting aren’t gift saved, but instead deferred. It is because, once the money is taken out of the copy, group for personal use, through salary or dividends, the individual winds up paying around the very same tax price as if they were a sole proprietor. It’s recognized as the “theory of integration” in the Canadian tax system.
Most accountants recommend company owners combine if they can afford to leave money in the company longer-term through the goal of watching the value of the heritage grow.
Another tax benefit comes as soon as it’s time to offer the business. The shares of many Canadian personal corporations room eligible for a life time capital-gains exemption. In 2016, the exemption quantities to the first $824,176 of resources gains from personal income tax, per shareholder. If the business were a sole proprietorship, any type of gain indigenous the revenue of a exclusive corporation would certainly be taxed.
Another benefit to combine is the possibility to use earnings splitting amongst family members. If one spouse makes more money, you can income-split. Over all, both spouses will be in a lower income-tax bracket.
Another benefit of incorporation, past taxes, is the capability to shift liability to the corporation and also away from the individual. Incorporating deserve to also include credibility; some larger companies require home builders to be incorporated before they can be hired.
The disadvantages to organization are boosted paperwork and also administration. That includes the one-time cost to collection up the corporation, including accounting and legal fees, which can run to much more than $1,000. Owners likewise have to file two taxation returns, a an individual one and also a more complex one for the business.
Five years after starting their ice cream cream business, Ben Cohen and also Jerry green field evaluated the pros and also cons that the corporate kind of ownership, and the “pros” won. The main motivator to be the have to raise funds to construct a $2 million production facility. Not only did Ben and Jerry decision to move from a partnership to a corporation, yet they additionally decided to sell shares of share to the general public (and thus become a windy corporation). Your sale of stock to the public was a little bit unusual: Ben and Jerry wanted the ar to own the company, so rather of supplying the share to anyone interested in purchase a share, they readily available stock to inhabitants of vermont only. Ben believed that “business has a duty to give earlier to the ar from which it draws the support”.<4>He wanted the agency to be owned by those that lined increase in the gas terminal to buy cones. The stock to be so popular that one in every hundred Vermont households bought share in the company.<5>Eventually, together the firm continued to expand, the share was offered on a national level.
Other species of company Ownership
In enhancement to the three commonly embraced forms of business organization—sole proprietorship, partnership, and regular corporations—some company owners pick other creates of organization to meet their certain needs. We’ll look at numerous of this options:Limited liability companiesCooperativesNot-for-profit corporations
Limited legal responsibility Companies
How would certainly you prefer a legal type of organization that provides the attractive features of the three typical forms of company (corporation, sole proprietorship and partnership) and also avoids the unattractive functions of these three organization forms? The restricted liability agency (LLC)accomplishes precisely that. This type provides service owners with restricted liability (a vital advantage of corporations) and also no “double taxation” (a crucial advantage of sole proprietorships and partnerships). Let’s look in ~ the llc in more detail.
In 1977, Wyoming ended up being the very first state to allow businesses to operate as limited liability companies. Two decades later, in 1997, Hawaii came to be the last state to give its approval come the new organization form. Due to the fact that then, the limited liability firm has boosted in popularity. Its rapid growth was fueled in part by alters in state statutes that permit a limited liability firm to have actually just one member. The trend to LLCs deserve to be experienced by reading agency names top top the side of van or on shop in your city. That is common to watch names such as Jim Evans Tree Care, LLC, and also For-Cats-Only veterinary Clinic, LLC. However LLCs are not restricted to small businesses. Service providers such as Crayola, domino’s Pizza, Ritz-Carlton Hotel Company, and iSold that (which helps civilization sell their unwanted belongings ~ above eBay) are operating under the restricted liability type of organization. In a limited liability company, owners (called members quite than shareholders) room not personal liable for debts the the company, and its revenue are taxed only once, at the an individual level (thereby eliminating dual taxation).
We have actually touted the benefits of restricted liability protection for an LLC. Us now require to suggest out some situations under i m sorry an gmbh member (or a shareholder in a corporation) might be hosted personally liable for the debts of his or her company. A company owner deserve to be organized personally liable if the or she:Personally guarantees a business debt or financial institution loan i m sorry the firm fails come pay.Fails to salary employment taxes come the government.Engages in cheat or illegal actions that harms the agency or someone else.Does not treat the agency as a separate legal entity, for example, uses agency assets for an individual uses.
CooperativesSource: MEC in Ottawa retrieved native https://commons.wikimedia.org/
A cooperative(also well-known as a co-op) is a organization owned and controlled through those who use its services. Individuals and also firms that belong to the cooperative join together to market products, acquisition supplies, and administer services because that its members. If operation correctly, cooperatives boost profits because that its producer-members and also lower costs for its consumer-members. Cooperatives are reasonably common in the farming community. For example, some 750 cranberry and grapefruit member growers market their cranberry sauce, fruit juices, and dried cranberries with the ocean Spray Cooperative.<6>More than three hundred thousand farmers achieve products they require for production—feed, seed, fertilizer, farm supplies, fuel—through the Southern claims Cooperative.<7>Co-ops additionally exist exterior agriculture. For example, MEC(Mountain devices Co-op), i beg your pardon sells top quality outdoor gear, has more than 5 million members across the country, who have each payment $5 for their life time memberships.The agency shares its financial success v its members and additionally gives earlier 1% of its sales to maintain participation in the outdoors.
A not-for-profit corporation(sometimes dubbed a nonprofit) is one organization formed to serve some public purpose rather 보다 for financial gain. As lengthy as the organization’s task is because that charitable, religious, educational, scientific, or literary purposes, it have the right to be exemptfrom paying earnings taxes. Additionally, individuals and also other organizations that add to the not-for-profit corporation deserve to take a taxes deduction because that those contributions. The species of teams that normally apply for nonprofit status vary widely and also include churches, synagogues, mosques, and other locations of worship; museums; universities; and conservation groups.
Since Statistics Canada ended its deep arsenal of non-profit statistics in 2008, the many recent data easily accessible is:170,000 charitable and also non profit institutions in Canada85,000 the these are registered charities (recognized by the Canada Revenue Agency).Over 13 million people volunteer because that charities and nonprofits
Do friend think this numbers have increased or diminished over the last decade? Why?Mergers and also Acquisitions
If you execute not view the embedded match game, accessibility it: https://quizlet.com/274512349/match.
The headline read, “Wanted: an ext than 2,000 in Google hiring spree”.<8>The largest net search engine in the people was expose its to plan to flourish internally and also increase its workforce by more than 2,000 people, with fifty percent of the rental coming from the united States and also the other half coming from various other countries. The included employees will help the company expand into brand-new markets and battle for global talent in the vain Internet info providers industry. When properly executed, internal growth benefits the firm.
An different approach to expansion is come merge through or acquire one more company. The rationale behind development through mergers or salvation is that 1 + 1 = 3: the combined firm is more valuable 보다 the sum of the two separate companies. This rationale is attractive come companies encountering competitive pressures. Come grab a bigger re-superstructure of the market and also improve profitability, companies will desire to become more cost effective by combine with other companies.
Though they are frequently used as if they’re synonymous, the state merger and acquisition mean slightly various things. A mergeroccurs when two companies incorporate to form a new company. One acquisitionis the purchase of one company by another.
The Canadian Landscape
In June 2013, Shoppers drug Mart, Canada’s biggest pharmacy chain an unified with Loblaw, Canada’s biggest grocery retailer, in a 12.4 billion dollar deal. Fairly than cutting into each other’s sector share, the deal allows the two suppliers to beat on each other’s strengths. Shoppers has around $1 billion in food sales annually, matches Loblaw’s $30 billion. Yet Loblaw’s share of the pharmacy sector is only 5 per cent, so including Shoppers health and wellness products and services come Loblaw grocery stores allows the food retailer to expand its services in what the sees together a growing sector: health, wellness and also nutrition. (www.cbc.ca). Contrast this merger through an acquisition in that same year. Sobey’s obtained 200 Safeway stores in western Canada under a 5.8 billion dollar deal. According to news reports, along with 213 Safeway grocery store stores — more than 60 percent the which room in Calgary, Vancouver, Edmonton and also Winnipeg — Sobeys will additionally acquire:199 in-store pharmacies;62 gas stations;10 liquor stores;4 primary circulation centres and also a connected wholesale business; and12 manufacturing facilities.
Sobeys will additionally get $1.8 billion worth of genuine estate in the deal.
Another instance of an salvation is the acquisition of Reebok through Adidas because that $3.8 billion.<9>The transaction was intended to give Adidas a stronger visibility in north America and aid the firm compete through rival Nike. When this acquisition was completed, Reebok as a company ceased to exist, though Adidas quiet sells pair of shoes under the Reebok brand.
Motives Behind Mergers and also Acquisitions
Companies are encouraged to merge or obtain other companies for a variety of reasons, consisting of the following.
Gain safety ProductsShoppers drug Mart began to offer President’s an option products in that merger through Loblaw. Loblaw is maybe to add Shoppers health care products come its shelves.Sobey’s benefit Safeway’s gas stations and also liquors shop in that is acquisition.
Attain new Markets or circulation ChannelsSobey’s acquired accessibility to 12 production facilities, 4 circulation centres, and a connected wholesale business.Loblaw increases access to city centres wherein Shoppers are currently located, happen a more comprehensive variety of assets to customers in densely populated areas.
Realize SynergiesIntegration that the companies’ commitment programs will carry out the two v a huge knowledge base of consumers’ buying behavior and administer economies of scale — which, the service providers estimate, will translate into to save of around $300 million annually.Loblaw’s re-superstructure of the pharmacy sector is only 5 per cent so including Shoppers wellness products and services to its grocery store stores will enable the food retailer to broaden its solutions in what that sees together a cultivation sector: health, wellness and nutrition.
The Less-Friendly OptionHostile Takeovers: Ben and Jerry’s
What happens, though, if one agency wants come acquire an additional company, yet that agency doesn’t desire to it is in acquired? The outcome could be a enemy takeover—an act of assuming regulate that’s stood up to by the target company’s management and also its plank of directors. Ben Cohen and also Jerry Greenfield, the ice cream Cream guys from above, discovered themselves in among these situations: Unilever—a very big Dutch/British firm that owns 3 ice cream brands—wanted come buy Ben & Jerry’s, against the founders’ wishes. Most of the Ben & jerry stockholders sided with Unilever. They had small confidence in the capacity of Ben Cohen and Jerry green field to continue managing the firm and were frustrated through the firm’s social-mission focus. The stockholders liked Unilever’s sell to buy their Ben & Jerry’s share at almost twice its existing market price and also wanted come take your profits. In the end, unilever won; Ben & jerry’s was got by unilater in a enemy takeover.<10>Despite fears the the company’s society mission would certainly end, it no happen. Though neither Ben Cohen no one Jerry greenfield are involved in the current management the the company, they have returned to their social activism roots and are heavily connected in plenty of social efforts sponsored through the company.
Solidifying the Vocabulary
Use this quick activity to for sure you understand the vocabulary regarded mergers and also acquisitions.
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