Nonprofit Formation & Compliance Services in Green Hill, Tennessee

Comprehensive Guide to Forming and Maintaining a Nonprofit in Green Hill

Starting a nonprofit in Green Hill, Tennessee, is an important way to serve the community, and it requires careful legal and organizational choices from the outset. At Jay Johnson Law Firm in Hendersonville we help local organizers navigate state incorporation, federal tax status applications, and the governance documents that shape long-term operations. Whether you are focused on community programs, education, or charitable relief, early planning reduces the chance of costly delays and ensures your organization is positioned to accept donations, hire staff or engage volunteers under clear rules and protections.

Forming a nonprofit involves more than filing paperwork; it includes drafting bylaws, establishing a compliant governance structure, obtaining an Employer Identification Number, and responding to ongoing state and federal filing obligations. Our approach centers on helping leaders in Green Hill make informed choices about mission language, board composition, and internal policies so the organization can pursue its charitable goals while meeting legal responsibilities. Clear documentation and an early compliance plan make future fundraising and public engagement more straightforward and sustainable.

Why Proper Formation and Compliance Matter for Green Hill Nonprofits

Proper formation and compliance protect the mission and reputation of a nonprofit while enabling access to tax-exempt status and public support. When your organization has accurate incorporation documents and bylaws, board members understand their roles and donors have confidence in governance. Meeting state registration requirements and federal reporting deadlines preserves eligibility for grants and prevents penalties. For Green Hill groups, a solid legal foundation makes it easier to partner with local agencies, secure funding, and scale programs responsibly as the organization grows or faces new regulatory requirements.

About Jay Johnson Law Firm and Our Nonprofit Practice

Jay Johnson Law Firm, based in Hendersonville and serving Green Hill and surrounding Tennessee communities, provides practical counsel on nonprofit formation and ongoing compliance. Our attorneys handle incorporation filings, charitable registration, governance documents, and federal tax applications with a focus on clarity and responsiveness. We work with boards and founders to translate mission goals into sustainable legal structures and procedures. Clients appreciate straightforward guidance on meeting state reporting obligations and preparing required filings so organizations can remain focused on community impact rather than administrative uncertainty.

Understanding Nonprofit Formation and Ongoing Compliance

Nonprofit formation includes selecting the appropriate entity type under Tennessee law, preparing articles of incorporation, drafting bylaws, and registering with the state. Many organizations also seek federal recognition as a tax-exempt entity to receive deductible donations and certain tax advantages. Compliance continues after formation through annual reports, charitable solicitation registrations when applicable, and accurate recordkeeping. Understanding these layers helps founders anticipate timelines, budget for filing fees, and set internal processes for governance, financial controls, and public disclosures to meet legal obligations and maintain public trust.

Founders should also be aware of how governance decisions affect liability, donor relations, and operational flexibility. Choices about board size, officer roles, conflict of interest policies, and fiscal oversight determine how smoothly an organization adapts to growth. Properly drafted bylaws and policies reduce internal disputes and document consistent decision-making. Planning for volunteer and employee relationships, fundraising compliance, and grant administration is part of an overall compliance strategy that keeps organizations in good standing with both state regulators and federal agencies.

What Nonprofit Formation and Compliance Encompass

Nonprofit formation refers to creating a legal entity under state law whose mission is charitable, educational, religious, or otherwise nonprofit in nature. This process includes drafting and filing articles of incorporation and bylaws, selecting a governing board, and obtaining an Employer Identification Number. Compliance covers the ongoing obligations that follow formation, such as annual reports, maintaining accurate financial records, guardrails against conflicts of interest, and federal filings for tax-exempt recognition. Together these measures establish legal protections for directors and donors while enabling the organization to operate transparently and accept public support.

Essential Steps and Processes in Forming a Nonprofit

Key elements include establishing a clear mission statement, preparing governance documents that define roles and decision-making, filing state incorporation documents, and applying for federal tax exemption if appropriate. Practical processes include obtaining an EIN, setting up a bank account in the organization’s name, creating meeting minutes and recordkeeping procedures, and arranging for regular financial reviews. Early attention to these items reduces future compliance burdens. It also sets expectations for board conduct and reporting, which supports fundraising, grant compliance, and long-term organizational stability.

Key Terms and Glossary for Nonprofit Organizers

Understanding common terms used in nonprofit formation helps founders make informed choices. The glossary below covers the core documents and regulatory concepts you will encounter during formation and in ongoing compliance. Familiarity with these terms will make interactions with government agencies, funders, and advisors more efficient and will help your board set clear policies. If questions arise about any item, it is helpful to discuss how it applies to your organization’s unique mission and operations.

Articles of Incorporation

Articles of incorporation are the foundational state filing that establishes the nonprofit as a legal corporation. This document typically includes the organization’s name, purpose, registered agent, and incorporator information. Filing articles creates the legal entity recognized by the state, which allows the organization to enter contracts, open bank accounts, and provide limited liability protections for directors and officers. Careful drafting of the purpose clause and other provisions is important to align the organization’s stated activities with eligibility for tax-exempt status and funding opportunities.

Bylaws

Bylaws are the internal rules that guide governance, decision-making, and board conduct. They typically address board composition, officer roles, meeting frequency, voting procedures, and conflict of interest policies. Bylaws set expectations for how the organization operates day to day and how major decisions are approved. Well-constructed bylaws support accountability and smooth operations by providing clear procedures for elections, removals, and handling vacancies, while also structuring committees and financial oversight responsibilities.

Tax-Exempt Status (501(c)(3) and other classifications)

Tax-exempt status refers to recognition by the Internal Revenue Service or state authorities that an organization operates for charitable, educational, religious, or similar purposes and is therefore exempt from certain taxes. For many organizations, federal recognition under section 501(c)(3) is important to allow donors to claim tax deductions and to access foundation grants. The application process requires documentation of the organization’s mission, governance, and planned activities, and it may take several months to receive a determination, during which careful recordkeeping is essential.

IRS Form 1023 and Smaller Filings

IRS Form 1023 is the application used to request recognition as a 501(c)(3) tax-exempt organization. There is also a streamlined form available for smaller organizations with limited projected revenue. The application asks for detailed information about governance, activities, finances, and fundraising plans. Accurate and complete responses help avoid delays or requests for additional information. Preparing the application with supporting documentation and a clear narrative of intended activities improves the likelihood of a timely determination from the IRS.

Comparing Limited Assistance with Full-Service Legal Support

Organizations can choose limited, transactional assistance for specific filings or a more comprehensive approach that includes ongoing compliance support and governance planning. Limited assistance may be appropriate for straightforward incorporations with minimal fundraising or operations. A comprehensive approach can be beneficial for groups planning significant fundraising, complex programs, or multi-site operations, since it builds systems for recordkeeping, policies, and training. Evaluating expected funding sources, governance complexity, and long-term goals will help determine the level of legal involvement that best supports your nonprofit’s mission.

When Transactional or Limited Legal Help May Be Sufficient:

Simple, Low-Volume Community Projects

Limited legal assistance can meet the needs of small-scale community projects where fundraising is occasional and operations are straightforward. When founders plan minimal paid staff, rely primarily on volunteers, and anticipate modest revenues, basic incorporation filings and a simple set of bylaws can be adequate. In these scenarios, a concise filing package and guidance on initial compliance steps allow organizers to form a legal entity and begin programming while keeping costs and administrative burden low.

Existing Familiarity with Governance and Reporting

A limited approach may work when founding board members already understand nonprofit governance and state filing requirements. If the organizers have prior experience handling annual reports, basic bookkeeping, and donor receipts, they may only need help with initial filings and a brief review of governing documents. Relying on existing skills reduces the need for ongoing legal support, but it is still important to verify that bylaws and incorporation language align with intended tax status and funder expectations to avoid problems later.

When Full-Service Legal Support Benefits Your Organization:

Complex Funding, Grants, or Contracts

Organizations pursuing significant grants, government contracts, or complex funding arrangements benefit from comprehensive legal support that anticipates contract terms, reporting obligations, and restrictions on fund use. Detailed review of grant agreements, fiscal sponsorship arrangements, and subgranting relationships helps ensure compliance and preserves eligibility for future funding. Understanding how funding restrictions interact with program delivery and donor intent reduces the risk of audit findings and reputational harm.

Active Fundraising, Public Solicitation, or Multi-State Operations

Organizations engaging in frequent public solicitation, online fundraising, or operations across state lines face additional registration and reporting duties. Comprehensive services include planning for fundraising compliance, registering where required, and advising on solicitation disclaimers and donor communications. For groups that plan to scale beyond Green Hill or recruit significant volunteers and staff, ongoing counsel helps align policies, employment practices, and fundraising procedures with legal obligations to reduce the risk of noncompliance.

Advantages of Adopting a Comprehensive Compliance Strategy

A comprehensive approach builds durable governance and operational systems that support growth and reduce legal risk. Clear bylaws, conflict of interest policies, and consistent financial practices help boards make reliable decisions and maintain donor confidence. Regular reviews of governance documents and compliance calendars prevent missed filings and support eligibility for grants and partnerships. For organizations that expect to expand programs or funding sources, this approach provides a foundation for consistent administration and public transparency.

Comprehensive legal planning also supports long-term sustainability by setting up internal controls, reporting protocols, and policy frameworks. These measures promote accountability and reduce the likelihood of regulatory issues, disputes, or misunderstandings among leadership. With proactive planning, nonprofits can focus on mission delivery while relying on documented procedures for hiring, contracting, and accepting donations, creating stability that appeals to funders and the community alike.

Reduced Legal and Operational Risk Over Time

When legal issues are anticipated and policies are in place, organizations face fewer surprises that disrupt operations or draw regulatory scrutiny. A comprehensive approach includes training for board members on fiduciary duties, regular financial reconciliation practices, and documented decision-making processes. These measures lower the chance of inadvertent noncompliance and support a reliable relationship with donors, staff, and community partners by demonstrating responsible stewardship of resources and adherence to applicable laws.

Stronger Governance and Community Confidence

Well-documented governance and sound compliance practices strengthen public trust and improve fundraising outcomes. Donors and grantmakers are more likely to support organizations that demonstrate transparency, clear policies, and measurable oversight. For local nonprofits in Green Hill, visible good governance aids collaboration with municipal entities and other community groups. This trust supports program sustainability and can open doors to strategic partnerships that amplify impact across the region.

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Practical Tips for Forming and Maintaining a Nonprofit

Craft a Clear Mission and Purpose Statement

A concise and well-defined mission statement guides governance, programs, and fundraising. When filing formation documents and applying for federal recognition, clear language about your organization’s charitable activities helps reviewers understand your charitable purpose and why tax-exempt status is appropriate. Clarity also supports consistent messaging to donors and volunteers, makes grant proposals more persuasive, and reduces ambiguity for the board when approving programs. Take time to describe intended beneficiaries, typical activities, and how success will be measured so stakeholders can align around achievable objectives.

Keep Accurate Financial Records from the Start

Accurate bookkeeping and documented financial procedures are essential for annual reporting and grant compliance. Establish a separate bank account in the organization’s name, implement consistent expense tracking, and maintain receipts and donor records. Regular reconciliation and prepared financial statements simplify reporting to the IRS and state regulators, and they support transparent communication with funders. Even small organizations benefit from basic internal controls, such as requiring multiple approvals for larger expenditures and documenting committee or board decisions related to financial commitments.

Plan for Ongoing Compliance and Board Training

Compliance is an ongoing responsibility that benefits from a simple calendar of required filings, reviews, and meetings. Schedule reminders for annual reports, charitable registration renewals if applicable, and federal filings. Provide orientation and periodic training for board members on roles, conflict of interest policies, and fiduciary responsibilities so governance is consistent and informed. Proactive communication about compliance expectations helps boards avoid missed deadlines and supports continuity when leadership changes.

Reasons to Consider Legal Guidance for Nonprofit Formation

Legal guidance helps prevent mistakes that can delay tax recognition or jeopardize funding, while also clarifying governance responsibilities and liability protections for directors. A lawyer can advise on the best entity structure under Tennessee law, draft bylaws that reflect organizational priorities, and prepare state and federal filings with attention to necessary supporting documentation. This reduces the administrative burden on founders and creates a reliable foundation that supports fundraising, volunteer recruitment, and program delivery.

Seeking professional guidance is especially helpful when an organization expects to pursue grants, accept large donations, employ staff, or operate programs across multiple jurisdictions. Compliance obligations can vary based on fundraising activities, revenue sources, and program structure, and early planning supports scalability. By aligning legal documents and internal policies with operational goals, boards can focus on mission-driven work while maintaining the records and procedures that funders and regulators commonly require.

Common Situations That Lead Groups to Seek Legal Assistance

Groups commonly seek legal guidance when forming a new nonprofit, preparing a federal tax-exempt application, responding to state registration requirements, or when facing questions about governance and conflict of interest. Other triggers include significant fundraising campaigns, applying for government grants, hiring staff, or merging with another organization. These situations benefit from early legal attention to ensure filings are accurate and governance documents reflect the organization’s structure and goals, reducing the potential for later disputes or regulatory complications.

Starting a New Charitable Organization

Founders starting a charitable organization often need assistance turning mission ideas into the legal framework required for operations and fundraising. Legal counsel can guide choices about name availability, state incorporation, initial board formation, and drafting bylaws that fit the intended activities. Preparing the necessary paperwork thoroughly reduces delays in accessing bank accounts, accepting donations, and applying for grants. Early planning also clarifies the steps to seek federal recognition if tax-exempt status is a goal.

Converting an Existing Entity or Expanding Operations

Organizations converting from another entity type or expanding services may face complex legal and tax considerations. Converting assets, redefining governance, or adding significant new programs can trigger registration or reporting obligations and may affect tax status. Legal guidance helps manage transitions, updates governing documents, and ensures continuing compliance with state and federal rules. Proper planning simplifies the administrative process and helps protect donor restrictions or contractual commitments during organizational change.

Addressing State or Federal Compliance Questions

Nonprofits sometimes encounter compliance questions during audits, grant reporting, or routine reviews of operations and recordkeeping. When regulators or funders request documentation, legal counsel can assist in preparing responses, reviewing past filings, and advising on corrective steps to bring practices in line with legal requirements. Timely action can resolve issues efficiently and help preserve access to funding and public support while protecting the organization’s mission-driven work.

Jay Johnson

Local Nonprofit Legal Services for Green Hill, TN

Jay Johnson Law Firm serves Green Hill and neighboring areas with practical legal services for nonprofit formation and ongoing compliance. From initial planning and state incorporation to federal tax filings and annual report reminders, our team helps organizations establish durable governance and financial practices. We assist boards with bylaws, conflict of interest policies, and donor agreements so organizers can focus on programs. If you are forming a nonprofit or addressing a compliance question in Green Hill, contact our Hendersonville office at 731-206-9700 to discuss your situation and next steps.

Why Clients Turn to Jay Johnson Law Firm for Nonprofit Matters

Clients choose Jay Johnson Law Firm for clear guidance through the nonprofit formation process and for ongoing compliance support that aligns with Tennessee requirements. Our approach emphasizes plain-language explanations, careful drafting of governing documents, and a practical compliance calendar to minimize surprises. By focusing on achievable administrative systems and readable bylaws, we help boards and founders establish organizations that are ready to accept donations, apply for grants, and operate with transparent oversight.

We prioritize timely communication and documentation tailored to each organization’s mission and operational plans. Whether preparing state incorporation materials, advising on fundraising registrations, or assisting with federal filing preparations, we aim to make the legal steps straightforward and manageable. Our services help boards understand ongoing responsibilities and provide templates and checklists that support consistent recordkeeping and reporting.

Local knowledge of Tennessee filing requirements and practical experience with nonprofit governance allow us to anticipate common pitfalls and recommend policies that support long-term sustainability. We work with clients in Green Hill to define governance roles, draft conflict of interest and financial control policies, and prepare the filings needed to establish and maintain good standing with regulators and funders.

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Our Process for Nonprofit Formation and Compliance Support

Our process begins with a focused conversation to understand your mission, goals, and timeline, then proceeds through drafting necessary formation documents, advising on governance, and preparing state and federal filings as needed. We provide clear steps and timelines so boards know what to expect. After formation, we help establish a compliance calendar and offer ongoing review services to ensure reporting and recordkeeping obligations are met. This structured approach supports efficient formation and reliable maintenance of legal standing.

Initial Consultation, Mission Framing, and Planning

The initial phase focuses on clarifying the organization’s mission, primary activities, and governance goals. During this stage we review naming options, discuss board composition, and recommend appropriate entity forms under Tennessee law. We identify informational needs for state incorporation and federal recognition, outline likely timelines and costs, and provide a checklist of documents and policies to prepare. This planning reduces surprises and ensures that subsequent filings reflect the organization’s true purpose and operational plans.

Information Gathering and Goal Setting

We collect key information including intended programs, projected revenue sources, planned staffing, and volunteer involvement. Understanding these elements helps determine whether federal tax-exempt status is appropriate and which filings will be necessary. Clear goals guide the drafting of articles of incorporation and bylaws so that the organization’s legal documents reflect operational realities and funder expectations. This phase builds a foundation for efficient filings and long-term compliance.

Choosing Governance Structure and Drafting Bylaws

We work with founders to choose a governance structure that supports decision-making and accountability. Drafting bylaws involves setting rules for board elections, officer responsibilities, meeting procedures, and conflict of interest policies. Well-drafted bylaws reduce ambiguity and support consistent administration. We tailor bylaws to the organization’s size and needs while ensuring they comply with Tennessee law and align with potential funder or grant requirements.

Filing Incorporation Documents and Tax-Exempt Applications

This phase covers preparing and filing state incorporation documents, obtaining an Employer Identification Number, and assembling the materials needed for federal tax-exempt recognition where appropriate. Accurate filings and supporting documentation reduce the risk of delays. We review revenue projections, program descriptions, and governance practices to complete federal applications that meet IRS expectations, while also addressing state-level charity registration and other local requirements.

State Incorporation and Registration Filings

We prepare and file the articles of incorporation with the Tennessee Secretary of State and assist with any required charitable registration or local filings. This includes selecting a registered agent, verifying name availability, and ensuring the articles include necessary language for the organization’s purpose and dissolution clauses. Proper state filings create the legal entity that allows the organization to transact business, open accounts, and formalize operations.

Preparing Federal Tax-Exempt Applications

If federal tax-exempt recognition is desired, we assemble the application materials, provide narrative descriptions of activities, and document governance and financial structures. Accurate preparation streamlines the IRS review process and clarifies how the organization will meet requirements for tax-exempt status. Assistance includes advising on which application form is appropriate and ensuring consistent documentation across state and federal filings.

Ongoing Compliance, Policies, and Training

After formation, organizations need procedures for annual reporting, record retention, conflict of interest disclosures, and financial oversight. We help set up a compliance calendar, recommend policies for donor restrictions and grant management, and offer guidance for board member orientation. Regular governance reviews and periodic policy updates reduce the risk of missed filings and help maintain eligibility for funding and public trust over time.

Annual Filings, Records, and Financial Documentation

Keeping accurate records of minutes, financial statements, and donor documentation simplifies annual reports and audits. We help organizations prepare for recurring filings, maintain consistent documentation for grant reporting, and advise on best practices for bookkeeping and internal controls. Clear financial documentation supports transparency with donors and funders and helps the board make informed decisions based on reliable information.

Governance Reviews and Policy Updates

Periodic reviews of bylaws, conflict of interest policies, and financial procedures ensure the organization adapts to changing operations and regulatory expectations. We assist boards in updating governance documents, clarifying officer roles, and formalizing procedures for handling donations, grants, and contracts. These updates help organizations remain responsive to new opportunities while maintaining legal and financial safeguards.

Frequently Asked Questions About Nonprofit Formation and Compliance

What are the first steps to form a nonprofit in Tennessee?

The first steps to forming a nonprofit in Tennessee are clarifying your mission, choosing an appropriate legal structure, and selecting a board of directors to govern the organization. You should confirm the proposed name is available with the Tennessee Secretary of State, prepare articles of incorporation that include the organization’s purpose and dissolution language, and select a registered agent to receive official correspondence.After filing articles of incorporation, obtain an Employer Identification Number from the IRS and draft bylaws that outline governance procedures. Consider early planning for fundraising, basic financial controls, and recordkeeping so the organization can operate transparently and meet state and federal filing requirements as it grows.

The timeframe for federal tax-exempt recognition varies depending on the completeness of the application and the IRS workload. Some organizations receive determinations within a few months, while others may wait longer if the IRS requests additional information or clarification about activities, governance, or finances.Careful preparation of the application, including clear activity descriptions and supporting documents, often reduces delays. Working with counsel to organize narratives and exhibits that show consistent governance and financial practices can help the IRS process the application more smoothly and reduce the need for supplementary requests.

Costs for forming a nonprofit include state filing fees for articles of incorporation and any required charitable registration fees, plus IRS application fees for federal tax-exempt recognition. The IRS offers a streamlined application option for smaller organizations, which has a lower fee. Additional costs may include fees for drafting bylaws or obtaining legal advice to ensure documents meet both state and federal requirements.Budgeting for basic setup, such as opening a bank account and minimal bookkeeping infrastructure, is also important. For organizations planning significant fundraising or grant activity, investing in thorough initial planning and documentation can prevent more expensive corrections or revisions later.

Bylaws are necessary to document how the organization is governed and how decisions are made. They typically address board composition, officer roles and duties, meeting schedules, voting procedures, and processes for filling vacancies. Bylaws also often include conflict of interest policies, committee structures, and procedures for amending governing documents.Clear bylaws provide consistency for board actions and help demonstrate responsible governance to funders and regulators. Drafting bylaws that suit your organization’s size and anticipated activities reduces internal confusion and supports stable leadership transitions as the organization evolves.

Charitable solicitation registration requirements depend on where you fundraise and the jurisdictions involved. Many states require registration before soliciting donations from the public, and the rules can vary based on revenue levels and whether fundraising is occasional or ongoing. Understanding the scope of your fundraising activities helps determine when and where registration is required.Planning ahead for solicitation compliance reduces the risk of fines or enforcement actions. Maintain clear donor records and review state requirements before launching public campaigns or digital fundraising efforts, and adjust registration plans if your activities expand beyond Tennessee.

Donations should be recorded accurately with clear documentation of any donor restrictions or designated purposes. When accepting restricted gifts, the organization must use the funds according to the donor’s instructions, and records should show how restricted funds were tracked and spent. Proper documentation supports donor trust and simplifies reporting for grants or audited financial statements.Implementing consistent receipt practices, written gift acceptance policies, and a system for tracking restricted versus unrestricted funds helps boards manage obligations and provides transparency to supporters. Clear policies also assist when responding to donor inquiries or preparing reports for funders.

The board’s primary responsibilities include setting the organization’s mission and strategic direction, overseeing financial management, ensuring compliance with legal obligations, and hiring or supervising senior staff if applicable. Board members have a duty to act in the organization’s best interest, to exercise reasonable care in decision-making, and to avoid conflicts of interest that could compromise governance.Boards should adopt basic policies for financial oversight, conflict of interest, and recordkeeping, and they should hold regular meetings with minutes that document major decisions. Providing orientation and periodic education for board members helps maintain consistent standards of governance and accountability.

Converting a for-profit business to a nonprofit involves complex legal and tax considerations, including transferring assets, restructuring governance, and ensuring that ongoing activities align with nonprofit purposes. Asset transfers may trigger tax consequences or require special handling if assets were acquired for business purposes. Careful planning is needed to address liabilities, donor or customer expectations, and regulatory obligations.Legal counsel can help evaluate whether conversion is feasible and assist with steps such as revising governing documents, addressing potential tax issues, and arranging for appropriate winding down or transfer of commercial activities. This process often requires detailed documentation and may involve negotiations with creditors or stakeholders.

Nonprofits must keep records that document governance actions, financial transactions, and compliance with donor restrictions. Typical records include meeting minutes, bylaws and amendments, financial statements, receipts, donor acknowledgment letters, and grant agreements. Maintaining a clear filing system for these materials simplifies annual reporting and supports responses to audits or funder requests.Retaining records for recommended periods and ensuring secure storage protects institutional memory and supports transparency. Consistent documentation of decisions and expenditures provides a clear trail for auditors, regulators, and prospective funders evaluating the organization’s practices.

Preparing for audits and grant reporting starts with organized financial records, clear documentation of program expenses, and an established system for tracking restricted funds. Regular reconciliation of accounts and timely preparation of financial statements make it easier to respond to auditor requests and to produce required grant reports with accurate expense breakdowns and outcomes.Establishing templates for grant reports, maintaining supporting receipts and narratives about program impact, and documenting board approvals of grant-related decisions streamline the reporting process. Having a compliance calendar for reporting deadlines ensures submissions are timely and complete, reducing the risk of funding interruptions.

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