Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF UKRAINE

of December 14, 2021 No. 1953-IX

About financial services and finance companies

Section I. General provisions about financial services

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) authorization - the procedure of provision of the right to implementation of activities for provision of financial services and/or activities for rendering the accompanying services determined by this Law and/or special laws by entering of record into the Register;

2) cancellation of the license - the termination of the right of the supplier of financial services to implementation of activities for provision of financial services based on the relevant decision of the Regulator and entering of the corresponding record into the Register;

3) associated company - the legal entity in whom other legal entity owns directly and/or indirectly 20 and more percent of the authorized capital and/or voices;

4) outsourcing - transfer by the supplier of financial services based on the relevant agreement regarding its functions and/or separate processes to other person;

5) the affiliate - the legal entity, in authorized (share, share) which capital the supplier of financial services has essential participation or the legal entity who has essential participation in authorized (share, share) the capital of financial institution;

6) licensing - provision of the right to implementation of activities for provision of financial services (certain type of financial services) based on the relevant decision of the Regulator and entering of the corresponding record about the supplier of financial services into the Register;

7) separate division of the supplier of financial services and/or the intermediary (further - separate division) - branch, representation, other division of the supplier of financial and/or accompanying services which is located out of the location of such supplier of financial services and/or the intermediary;

8) the owner of essential participation - legal entity or physical person which acquired essential participation in the supplier of financial services;

9) state regulation of activities for provision of financial and accompanying services (further - state regulation) - implementation by the state for the purpose of protection of the rights and legitimate interests of clients of actions for creation and enhancement of system of regulations which determine the general principles of activities for provision of the financial and accompanying services regulating activities of suppliers of the financial and accompanying services establishing procedure of supervision of implementation of activities for provision of financial and accompanying services establish responsibility for violations of the law, the governing relation between participants of the market of financial services;

10) the state supervision of implementation of activities for provision of financial and accompanying services (further - supervision) - the control system and the active ordered operations of the Regulator which assumes receipt of objective and reliable information about activities and financial position of persons concerning which the Regulator performs state regulation according to this Law and special laws and is aimed at ensuring compliance by such persons of requirements of the legislation governing the relations in the market of financial services;

11) goodwill - set of documentary confirmed information on physical person or legal entity collected by the Regulator which gives the chance to draw conclusion on compliance of its activities to requirements of the legislation, business practice and professional ethics, and also data on professional and managerial capabilities of physical person;

12) support services - the services connected with financial services and/or with implementation of activities for provision of financial services which do not belong to intermediary services namely:

a) services in settlement of overdue debt of consumers which are provided by the collection company;

b) services in collection, processing, storage, protection and use of information on accomplishment by persons of the monetary commitments provided to bureau of credit histories;

c) services which are provided based on the license for implementation of transactions with cash according to the Law of Ukraine "About the National Bank of Ukraine";

d) information services in the capital markets and the organized goods markets, and also other services which provision requires authorization according to the Law of Ukraine "About the capital markets and the organized goods markets";

d) actuarial services which provision requires authorization according to the Law of Ukraine "About insurance";

e) the services which are auxiliary to payment services according to the Law of Ukraine "About payment services";

e) the services determined as auxiliary by special laws.

The procedure for authorization and feature of provision of support services are established by special laws and regulatory legal acts of the Regulator;

13) subsidiary company - the legal entity concerning whom control by other legal entity (mother company) is exercised;

14) attraction of financial resources and the bank metals which are subject to return, - financial service which assumes attraction by financial institution of money and/or bank metals based on the written agreement with the client with the obligation of such financial institution concerning the subsequent return of such money and/or bank metals through the term determined in the contract with payment to the client of percent (or the income in other form);

15) measures of early intervention - obligatory for execution, determined by this Law and special laws of measure, applied by the Regulator during implementation of supervision by it concerning the supplier of financial services in case of availability of the high-quality and/or quantitative indicators determined by special laws and/or regulatory legal acts of the Regulator which specify availability of the risks determined by special laws and/or regulatory legal acts of the Regulator, in activities of such supplier of financial services, for ensuring compliance to them the requirements established by the legislation;

16) considerable influence on management or activities of the legal entity - immediate and/or indirect possession by one person independently or together with other persons voting shares, share in authorized (share, share) the capital or voting power according to shares, share in authorized (share, share) the capital of the legal entity in the amount of 10 to 50 percent and/or possibility of implementation of equivalent influence, independent of formal ownership, on management or activities of the legal entity;

17) essential participation - immediate and/or indirect possession by one person independently or together with other persons 10 and more percent authorized (share, share) the capital and/or voting power, shares, shares, shares of the legal entity or possibility of considerable influence, independent of formal ownership, and/or control (decisive influence) on management or activities of the legal entity. Person is recognized the owner of the mediated essential participation irrespective of whether person exercises it control of the direct owner of participation in the legal entity or control of any other person in chain of ownership of corporate laws of such legal entity;

18) the assigned capital - the cash amount in foreign currency provided by the foreign company for which provision of financial services is the prevailing type of activity, branch of such company for its accreditation in the territory of Ukraine;

19) the head - sole executive body or members of collegiate executive body, members of council (supervisory board), the chief accountant of the supplier of financial services, and also the other person carried to heads by special laws;

20) the client - any person who addresses for receipt of financial services the supplier of financial services and/or the intermediary or uses services of the supplier of financial services and/or the intermediary;

21) the key member of the legal entity, including the key participant in structure of property of the supplier of financial services (further - the key member of the legal entity), - any:

a) physical person which owns share in authorized (share, share) the capital (shares) of such legal entity, at the same time:

if the legal entity has more than 20 participants - physical persons, 20 participants - physical persons which shares are the largest, but at least 2 percent are considered as key members of the legal entity;

if identical by the size of share (blocks of shares) in authorized (share, share) the capital of the legal entity belong to more than 20 participants - physical persons, all physical persons which own shares (block of shares) in the amount of two and more percent in authorized (share, share) the capital of such legal entity are considered as key members of the legal entity;

b) the legal entity who owns share (block of shares) in the amount of 2 and more percent in authorized (share, share) the capital of such legal entity.

It is considered that the public company, credit union has no key members of the legal entity;

22) komplayens - regulated by internal documents of the supplier of financial services and if it is provided by the special law - the supplier of accompanying services, permanent process which is performed for the purpose of identification and prevention of risks which can arise during implementation by the specified person of the activities provided by the law owing to discrepancy of such activities to requirements of the legislation and/or to other requirements (rules, standards, the principles) concerning implementation of such activities which represents:

a) observation and control of compliance of the internal documents describing all internal processes connected with the activities of person specified in paragraph one of this Item, to requirements of the legislation and/or other requirements (rules, standards, the principles) provided by documents of consolidation of participants of the market of financial services which member is the supplier of financial services, and also if it is provided by the special law, behind compliance of internal documents and the business plan (business strategy) accepted (accepted) by the supervisory board or other governing body of such person responsible for implementation of supervision of its activities;

b) control of observance and execution by workers of person specified in the paragraph one of this Item, internal documents of such person, requirements of the legislation and other requirements provided by the subitem "an" of this Item;

23) the controller - the legal entity concerning whom there are no controllers - physical persons, or the physical person exercising control concerning the legal entity;

24) control (decisive influence) - immediate and/or indirect possession by one person independently or together with other persons shares or voting powers according to shares, shares in the authorized (share) capital of the legal entity in the amount of 50 and more percent and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;

25) conflict of interest - the available and/or potential contradictions between private interests and job responsibilities of person which can influence fair execution of the powers by it, objectivity and impartiality of decision making and/or making or non-execution of actions by such person during execution of the obligations by it;

26) corporate management - the system of the relations between participants, governing bodies of the legal entity and other interested persons which provides existence and functioning of organizational structure and mechanisms via which the purposes of the supplier of financial services, methods of their achievement are determined and also is performed accomplishment and monitoring of accomplishment of such purposes. Corporate management of the supplier of financial services determines method of distribution of powers and responsibility between governing bodies of such supplier, and also procedure and methods of adoption of decisions by them;

27) the credit - money which is provided by the supplier of financial services (loan provider) to person (borrower) in use on returnable basis for certain term with interest payment;

28) the credit register of the National Bank of Ukraine (further - the Credit register) - the information system providing collection, accumulating, storage, change, use and distribution (provision) of information on credit operations of suppliers of financial services and about condition of accomplishment of obligations on such transactions, the analysis and classification of the credits and other financial liabilities;

29) the license - the right of the legal entity to perform activities for provision of certain types of financial services, confirmed with entry in the Register;

30) the lombard credit - the loan granted only by pawnshops to exclusively physical persons only on the security of personal estate taking into account the requirements established by this Law to the agreement on provision of the lombard credit and obligation fulfillment under such agreement and also other requirements of this Law established to activities of pawnshops;

31) mother company - the legal entity exercising control concerning other legal entity (subsidiary company);

32) the supplier of accompanying services - the legal entity, permanent mission of the legal entity - the nonresident, and in the cases which are directly determined by the legislation of Ukraine - physical person or physical person entrepreneur who has the right to provide accompanying services;

33) the supplier of financial services - the financial organization, and in the cases which are directly determined by special laws - other legal entity or branch of the foreign legal entity who has the right to provide financial services according to this Law and special laws;

34) non-bank financial group - the group of the legal entities having the general controller (except bank), consisting of two or more financial institutions in which financial institutions others, than bank, perform the prevailing activities;

35) regulatory legal acts of the Regulator - the regulatory legal acts published by the Regulator within its powers in pursuance of this Law and other laws of Ukraine;

36) transaction - separate action or complex of the interconnected actions of the supplier of financial services which he performs concerning the financial instrument and/or the client;

37) the connected person - person who answers at least one of the following criteria:

a) head of the supplier of financial services, division manager of internal audit;

b) the head of the legal entity who has essential participation in the supplier of financial services;

c) related face of the supplier of financial services;

d) affiliate of the supplier of financial services;

d) head, controller of related face of the supplier of financial services;

e) head, controller of the affiliate of the supplier of financial services;

e) members of the family of the physical person specified in subitems "a", "b", "ґ" and "d" this Item;

є) the legal entity in whom members of the family of the physical person specified in subitems "a", "b", "ґ" and "d" this Item are heads or controllers.

For the purposes of this Law his husband (wife), children or parents of such physical person, his spouse (spouses), and also the husband (wife) any of children or parents of physical person are considered as members of the family of the physical person specified in subitems "a", "b", "ґ" і "d" this Item;

38) the intermediary - physical person, physical person entrepreneur, the legal entity or permanent mission of the legal entity - the nonresident which has the right to render intermediary services;

39) intermediary services - one or several services directed to receipt of financial service by the client (except the services provided within professional activity in the capital markets provided by part two of article 41 of the Law of Ukraine "About the capital markets and the organized goods markets"), connected with informing, consultation, the offer, preparation, the conclusion and execution (maintenance) of agreements on provision of financial services, receipt of payments within these agreements including implementation based on the contract with the subject of primary financial monitoring, identification and verification of clients, and also other services determined by special laws;

40) product - the offer (offer) on rendering financial service standardized within separate type of financial services in the corresponding signs (conditions) which is offered to the uncertain group of people;

41) professional suitability - set of knowledge, working and managerial experience of person necessary for proper execution of job responsibilities of the head or physical person who performs key functions in financial institution, taking into account the strategy of financial institution, the sphere of responsibility of the specific head or person who performs key functions of financial institution.

The workers responsible for carrying out financial monitoring, internal audit, risk management functions, komplayensa, and also other faces carried to performing key functions special laws treat persons who perform key functions on provision of financial services;

42) professional judgment - the motivated, objective, clean and reasonable opinion and/or assessment of the Regulator of the facts, events, circumstances, faces based on knowledge and experience of employees of the Regulator, and also on complex and comprehensive information analysis and the documents filed to the Regulator within the stipulated by the legislation procedures and received by the Regulator including as a result of implementation by it of state regulation and supervision of activities in the market of financial services and also information from official sources;

43) risk profile - assessment of the general sensitivity level of financial institution to risks to which it is exposed in the activities, in aggregative type and by all types of risks, carried out for certain date;

44) prudential requirements - high-quality and quantitative (including prudential standard rates) the requirements established by the Regulator for the purpose of ensuring compliance of activities of financial institution to requirements of the legislation and also for identification of potential risks in activities of financial institutions and their minimization;

45) prudential standard rates - quantitative indices which respect for certain value is obligatory for financial institutions which are established by regulatory legal acts of the Regulator for the purpose of assessment of financial condition and identification of potential risks in activities of financial institutions, and also minimization of such risks and timely response to possible negative consequences in activities of such persons;

46) the public company - the legal entity created in the form of public joint stock company which meets the requirements determined by regulatory legal acts of the Regulator;

47) Regulator - The National Bank of Ukraine or the National commission on securities and the stock market according to the distribution of powers determined by this Law;

48) Register - The register (list) of suppliers of financial or accompanying services which is kept by the Regulator, and information from which is published according to the procedure, established by regulatory legal acts of the Regulator;

49) risk - the oriented approach - the approach applied by the Regulator in time:

a) implementation of state regulation for creation of system of the regulations directed to minimization of negative consequences of the risks inherent in activities of suppliers of financial services depending on types of the financial services provided by such suppliers;

b) implementation of supervision of suppliers of financial services for determination and identification, assessment and revaluation, and also understanding of the risks inherent in activities of such suppliers of financial services, and also acceptance of the relevant pro rata supervising activities for their minimization taking into account risk profile, materiality of the revealed risks, the size, features of activities, business model of the supplier of financial services;

50) market behavior - observance by the supplier of financial and/or accompanying services of the criteria and requirements established by the legislation by method which provides consumer protection, disclosure and transparency of information, faultless goodwill of owners, heads, fair competition in relation to other suppliers of the financial or accompanying services, and also the proper internal organization which provides control of observance of such standards of activities;

51) the market of financial services - set of participants of the market of the financial services and the relations between them connected with provision and receipt of financial and accompanying services;

52) level of proficiency in corporate laws of the legal entity - the relation concerning ownership of corporate laws of the legal entity between such legal entity and his participants. If all members of the legal entity are physical persons, such legal entity has only one level of proficiency in corporate laws;

53) self-regulatory organization - the non-profit organization of suppliers of financial or accompanying services created according to this Law or the special law for the purpose of self-regulation of activities of her participants, representation and protection of their rights and interests, and also interests of other participants of the market of financial services which was given such status by the Regulator and which the Regulator according to the law can delegate the separate powers;

54) internal control system - set of actions for internal audit, risk management, komplayens and other elements determined by this Law and special laws and also the politician, rules and measures which provide functioning, interrelation and support of such measures and elements and the particular purposes (mission), strategic and other objectives, tasks, plans and requirements to activities of the supplier of financial services directed to achievement;

55) special laws - the laws establishing features of legal status of certain supplier groups of financial and/or accompanying services, provisions of separate types of financial and/or accompanying services, features of implementation of separate types of activity on rendering financial and/or accompanying services, features of state regulation and supervision of activities for provision of financial and/or accompanying services or determine legal status of the Regulator;

56) the consumer of financial services (further - the consumer) - the physical person addressing for provision of financial services the supplier of financial services and/or the intermediary or uses services of the supplier of financial services and/or the intermediary for satisfaction of the personal needs which are not connected with business or independent professional activity;

57) related person - the legal entity having general with the supplier of financial services of owners of essential participation;

58) structure of property of the legal entity - documentary confirmed system of relations of physical persons and legal entities, trusts, other similar legal educations which allows to determine:

a) key members of the legal entity;

b) key members of each legal entity in chain of ownership of corporate laws of such legal entity;

c) all persons who directly and/or indirectly are owners of essential participation in such legal entity;

d) relations between all persons specified in subitems "an" - "in" this Item, and also between such persons and the supplier of financial services;

59) subordinated debt - the funds raised in the form of loan which is unsecured and which in case of liquidation of the borrower, including by bankruptcy, returns to loaner after execution by the borrower of obligations to all other creditors;

60) accompanying services - support services and intermediary services;

61) the mystery of financial service - any information determined by the law (except information which is bank secrecy and professional secrecy in the capital markets and the organized goods markets) concerning activities and financial condition of the client which became known to the supplier of the financial or accompanying services in the course of its servicing (including by provision of financial or accompanying service), and/or information concerning relations of the supplier of financial or accompanying services with the client or the third parties by provision of financial or accompanying services, and also information on activities of the supplier of the financial or accompanying services and/or on the client of the supplier of financial or accompanying services received by the Regulator during supervision implementation;

62) participants of the market of financial services are suppliers of financial and accompanying services and their consolidation (including self-regulatory organizations), clients;

63) financial group - banking group, non-bank financial group;

64) financial service - transaction or several transactions connected by one legal purpose with financial resources which are performed for the benefit of other persons, than the supplier of such financial service, and also the services which are directly determined by special laws as financial services;

65) financial institution - the legal entity whose purpose of creation is implementation of activities for provision of financial services which according to the law provides one or several financial services based on the corresponding license granted by the Regulator. Suppliers of the accompanying services which at the same time render also financial services, and also other persons who obtained license for activities on provision of financial services without receipt of the status of financial institution are not financial institutions;

66) finance holding company - the legal entity whose core activity is participation in the authorized capital of legal entities, activities of the financial institutions which are its subsidiary and/or associated companies is the main;

67) financial resources - means, the bank metals, financial instruments, debt obligations and rights to claim of debt which are not carried to financial instruments.

2. Other terms are used in this Law in such values:

the term "capital markets" - in the value given in the Law of Ukraine "About the capital markets and the organized goods markets";

terms "banking group", "chain of ownership of corporate laws of the legal entity" - in the values given in the Law of Ukraine "About banks and banking activity";

the term "payment service" - in the value given in the Law of Ukraine "About payment services";

the terms "subject of auditor activities", "statutory audit of the financial reporting", "auditor services", "working documents of the auditor", "audit report", "international standards of audit" - in the values given in the Law of Ukraine "About financial records audit and auditor activities";

the terms "financial accounting", "consolidated financial statements", "accounting policy", "financial reporting", "international accounting standards", "equity", "microcompany", "small enterprise" - in the values given in the Law of Ukraine "About financial accounting and the financial reporting in Ukraine";

the terms "collection company", "settlement of overdue debt" - in the values given in the Law of Ukraine "About consumer crediting".

Article 2. Law coverage

1. This Law:

1) establishes the general principles of functioning of the market of financial services, activities of suppliers of financial and/or accompanying services, state regulation and supervision of such activities, and also protection of the rights of clients;

2) is determined by legal status of finance companies and pawnshops, organization-legal bases of their creation, activities, reorganization and termination of activities for provision of financial services, and also powers of the Regulator of rather state regulation and supervision of such organizations.

2. Operation of this Law does not extend to activities of the international, intergovernmental and/or interstate organizations for rendering financial and accompanying services in Ukraine.

3. Operation of this Law does not extend to activities for provision of financial and accompanying services in Ukraine by legal entities of the public law who provide financial and accompanying services only within the appropriate state programs or programs of local government bodies to certain group of people and provide separate, determined by such programs, conditions of provision of financial and accompanying services.

4. Activities of banks are regulated by this Law taking into account the Law of Ukraine "About banks and banking activity".

5. Professional activity in the capital markets is regulated by this Law taking into account the Law of Ukraine "About the capital markets and the organized goods markets" and other special laws in the sphere of the capital markets.

6. In case of contradiction of regulations of this Law to regulations of the special laws regulating activities of suppliers of financial and/or accompanying services, regulations of special laws have advantage.

7. Operation of this Law extends to activities for provision of support services only in cases and in the limits provided by special laws for such support services.

Article 3. The legislation on activities and regulation of activities in the market of financial services

1. The relations arising in the market of financial services are regulated by the Constitution of Ukraine, the Civil code of Ukraine, the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", by this Law, special laws and regulatory legal acts of the Regulator.

2. Consumer protection is performed according to the consumer protection law taking into account the features established by this Law and special laws.

Article 4. Types of financial services

1. Types of financial services are:

1) insurance;

2) provision of means and bank metals on credit;

3) attraction of financial resources and the bank metals which are subject to return;

4) financial leasing;

5) factoring;

6) provision of guarantees;

7) trade in currency values;

8) financial payment services;

9) the financial services provided within the professional activity in the capital markets provided by part two of article 41 of the Law of Ukraine "About the capital markets and the organized goods markets".

To financial service in attraction of the money and bank metals which are subject to return from the unrestricted group of people, attraction of financial resources by the issue/issue/conclusion of financial instruments (except savings certificates of bank) according to the procedure, established by the Law of Ukraine "About the capital markets and the organized goods markets" does not belong.

2. Types of financial services and their signs are established by exclusively this Law, the special law and cannot be established, change, supplemented with other laws. Provision of the financial services which are not included in the specified list is forbidden.

3. The regulator within distribution of powers, determined by this Law, according to the procedure, established by its regulatory legal acts having the right to make decisions about:

1) accessories or not accessories of certain services or transactions which in essence contain signs of one or several types of financial services according to this Law and/or special laws, to certain type of the financial services determined by part one of this Article;

Prohibition on provision of certain services which are not provided by part one of this Article, but signs of one or several types of financial services according to this Law and/or special laws in essence contain 2).

In the decision the reasonable bases according to which the corresponding service is referred by the Regulator to certain type of financial services with reference to regulations of this Law are specified. About such decision the Regulator no later than the next working day notifies person providing the corresponding service and which this decision concerns, and will promulgate it on the page of the official Internet representation (the official website). Such person shall stop from the date of receipt of the notification of the Regulator provision of services, the financial services referred to certain type, before reduction of the activities in compliance with requirements of this Law and/or special laws. In case of non-compliance with requirements of this part, person bears legal accountability.

Section II. Relations of the supplier of financial and/or accompanying services with clients and protection of the rights of clients. Agreement on provision of financial service

Article 5. Principles of rendering financial and accompanying services and implementation of activities for provision of such services

1. Activities for provision of financial and/or accompanying services by suppliers of financial and/or accompanying services are performed with respect for the following principles:

1) conducting activities taking into account risks inherent in it and the weighed management of them;

2) availability at heads and the workers of the supplier of financial and/or accompanying services of qualification, educational and qualification level sufficient for effective and transparent conducting activities, observance of standards of rendering financial and/or accompanying services, work with clients, including standards of business behavior and professional ethics;

3) availability at the supplier of financial services of corporate management systems and internal control who meet the requirements established by the legislation of Ukraine, for the purpose of ensuring financial stability of such supplier and observance of requirements of the legislation of Ukraine by it;

4) lack of unfair competition and/or anti-competitive coordinated actions in the market of financial services;

5) timely provision to the client of necessary, complete, available and reliable information about the financial and/or intermediary service sufficient for adoption of conscious decisions by it, in particular, about the cost of such service, the supplier of financial service and/or the intermediary, and also about the risks connected with receipt of such financial and/or intermediary service;

6) voluntariness of receipt of service by the client and avoidance of any forms of introduction of clients in delusion, abuses, manipulations, pressure and coercion;

7) protection of financial resources of clients against fraud and abuses;

8) protection and preserving information which is secret of financial service according to the law;

9) non-admissions of any forms of unreasonable discrimination of consumers;

10) effective control behind quality of provision of financial and accompanying services, non-admissions of conflict of interest;

11) assistance to educational work with the purpose of ensuring awareness of consumers, receipts of skills, knowledge and confidence by them concerning understanding of risks, responsibility and opportunities connected with use of financial services;

12) implementations of the best international the practician for the purpose of continuous improvement of activities and conditions of provision of the financial and/or accompanying services;

13) prevention of use of financial services for implementation of the activities contradicting requirements of the legislation;

14) considerations of addresses of clients to the terms established by the legislation or the agreement and dispute settlements, including extrajudicially;

15) openness and transparency of the relations with the Regulator within the legislation of Ukraine, including timely mutual exchange of necessary information.

Article 6. Rights and client's obligations

1. The client before and during receipt of financial and/or intermediary service has the right on:

1) timely receipt of necessary, complete, available and reliable information about financial and/or intermediary service and about her supplier in the amount sufficient for adoption by the client of the conscious decision on receipt of such service determined by the legislation or about refusal of its obtaining;

2) proper quality of the received financial and/or intermediary service and servicing;

3) confidentiality of receipt of financial service and information on provision of financial service, except the cases established by the law;

4) protection of the rights, including by the indemnification caused owing to violation of its rights and legitimate interests, pre-judicial resolution of disputes on provision of financial services, appeal to the court and other authorized bodies;

5) adoption of the voluntary decision on receipt of financial and/or intermediary service or about refusal of receipt of such service before its obtaining.

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