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Changes to Independent Internet Number Resources - Contractual Relationship Changes between Sponsoring LIR and End User

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ripe-475: This is a procedural document that describes the steps to be taken when there are changes in the contractual relationship between the ripe-668: Independent Internet Number Resources – Contractual Relationship Changes Between Sponsoring LIR and End User of independent Internet number resources and the sponsoring Local Internet Registry (LIR).
delete: <h3> Abstract delete: </h3> insert: <p>

The RIPE NCC assigns independent Internet number resources to End Users provided they have signed a contract with a sponsoring LIR or with the RIPE NCC. insert: </p>

This is a procedural document describes the modifications that describes the steps to might be taken when there are changes in the made to a contractual relationship between the a sponsoring LIR and an End User of independent Internet number resources and the sponsoring Local Internet Registry (LIR). The document also describes the scenarios in which the RIPE NCC may de-register for various reasons, including the case of a complete or partial transfer of these independent Internet number resources. delete: </p> delete: <p> resource records, as well as the possible consequences of such changes or of failure to communicate these changes to the RIPE NCC. This document does not describe the procedure to be followed in the case of a transfer of independent Internet number resources from the RIPE NCC service region to the service region of another RIR or vice versa. This procedure is described in the RIPE NCC procedural document, “ insert: <a data-linktype="internal" target="_self" title="" href="resolveuid/1c5d2ec9f61c4bb1b14b5159061a483f" data-val="1c5d2ec9f61c4bb1b14b5159061a483f" class="internal-link"> Inter-RIR Transfer of Internet Number Resources insert: </a> ”. insert: </p>

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This document does not describe any procedures applicable to contractual relationship changes for users of independent Internet number resource users resources who have signed a contract with the RIPE NCC. delete: </p> delete: <h3> Table of Contents delete: </h3> delete: <p> delete: <a href="#10"> 1.0 Introduction delete: </a> delete: <br /> delete: <a href="#20"> 2.0 Ownership and Legal Name Changes delete: </a> delete: <br /> delete: <a href="#21"> 2.1 End User Organisation Changes Ownership delete: </a> delete: <br /> delete: <a href="#22"> 2.2 End User Organisation Changes Name delete: </a> delete: </p> delete: <p> delete: <a href="#30"> 3.0 Transfer of Contractual Relationship delete: </a> delete: <br /> delete: <a href="#31"> 3.1 Transfer between Sponsoring LIRs delete: </a> delete: <br /> delete: <a href="#32"> 3.2 Transfer from Sponsoring LIR to the RIPE NCC delete: </a> delete: </p> delete: <p> delete: <a href="#40"> 4.0 De-registering of Independent Internet Number Resources delete: </a> delete: <br /> delete: <a href="#41"> 4.1 Closure of Sponsoring LIR delete: </a> delete: <br /> delete: <a href="#411"> 4.1.1 De-registration Timeframe delete: </a> delete: <br /> delete: <a href="#42"> 4.2 Violation of RIPE Policy, Law or Contract delete: </a> delete: <br /> delete: <a href="#421"> 4.2.1 De-registration Timeframe delete: </a> delete: <br /> delete: <a href="#43"> 4.3 Contract Expired and Not Renewed / Ceased and Not Transferred delete: </a> delete: </p> delete: <p> delete: <a id="10" name="10"> delete: </a> delete: </p> delete: <h3> 1.0 Introduction delete: </h3> delete: <p> In October 2008, the RIPE community accepted a policy change which states that a contractual relationship must be established between an End User and a sponsoring LIR or the RIPE NCC before the End User can receive independent Internet number resources. delete: </p> delete: <p> In order to fulfil its mandate of manager of independent Internet number resources, the RIPE NCC requires End Users and LIRs to inform the RIPE NCC in case of changes to their contractual relationship. delete: </p> delete: <p> The procedures listed in this document are subject to RIPE policies. delete: </p> delete: <p> delete: <a id="20" name="20"> delete: </a> delete: </p> delete: <h3> 2.0 Ownership and Legal Name Changes delete: </h3> delete: <p> The RIPE NCC requires Sponsoring LIRs to maintain a proper registration of End User's legal organisation changes directly with the RIPE NCC. delete: </p> delete: <p> delete: <a id="21" name="21"> delete: </a> delete: </p> delete: <h3> 2.1 End User Organisation Changes Ownership delete: </h3> delete: <p> If the ownership of the organisation changes but the legal operating name is continued, the RIPE NCC Nor does not have to be notified. delete: </p> delete: <p> delete: <a id="22" name="22"> delete: </a> delete: </p> delete: <h3> 2.2 End User Organisation Changes Name delete: </h3> delete: <p> When an End User that has been assigned it describe the deregistration of independent Internet number resources changes its legal operating name, the RIPE NCC must be notified. delete: </p> delete: <p> In all cases, a new contract must be signed between the renamed End User organisation and the sponsoring LIR in order to guarantee a legitimate handover of the existing rights and obligations. delete: </p> delete: <p> A copy of this contract, a revised extract of the Trade Register and proof of change from an authorised person must be provided to the RIPE NCC. delete: </p> delete: <p> delete: <a id="30" name="30"> delete: </a> delete: </p> delete: <h3> 3.0 Transfer of Contractual Relationship delete: </h3> delete: <p> If the contractual agreement between the End User of independent Internet number resources and the sponsoring LIR ceases, for any reason, the contractual changes must be communicated to the RIPE NCC. delete: </p> delete: <p> delete: <a> delete: </a> delete: </p> delete: <h3> 3.1 Transfer between Sponsoring LIRs delete: </h3> delete: <p> If the End User decides to change sponsoring LIR, this change must be communicated to the RIPE NCC. delete: </p> delete: <p> The request must come from either the current or the new sponsoring LIR. The RIPE NCC will need confirmation from both LIRs before it can proceed with the transfer, unless the current LIR is closed or in the process of being closed. delete: </p> delete: <p> The RIPE NCC will finalise the change after it receives a copy of the new End User Assignment Agreement and extract of the Trade Register. The new agreement will replace the old agreement. delete: </p> delete: <p> delete: <a id="32" name="32"> delete: </a> delete: </p> delete: <h3> 3.2 Transfer from Sponsoring LIR to the RIPE NCC delete: </h3> delete: <p> If the contractual agreement between the End User of independent Internet number resources and the sponsoring LIR ceases and the End User wants to enter into a reason other than contractual relationship with the RIPE NCC, the End User will have to follow the application procedure to become a Direct Assignment User, signing the End User Assignment Agreement with the RIPE NCC and paying the Administration and first Maintenance Fee. delete: </p> delete: <p> At this point, the RIPE NCC will need confirmation from both the End User and the sponsoring LIR before it can proceed with the transfer of the contractual relationship changes. For information on deregistration of independent Internet number resources, unless the LIR is closed or in the process of being closed. delete: </p> delete: <p> delete: <a id="40" name="40"> delete: </a> delete: </p> delete: <h3> 4.0 De-registering of Independent Internet Number Resources delete: </h3> delete: <p> There are three possible scenarios in which the RIPE NCC will de-register independent Internet number resources. delete: </p> delete: <p> delete: <a id="41" name="41"> delete: </a> delete: </p> delete: <h3> 4.1 Closure of Sponsoring LIR delete: </h3> delete: <p> If the sponsoring LIR is in the process of being closed, the End User that was assigned the independent Internet number resources must sign a contract with a new sponsoring LIR or with the RIPE NCC. This must take place within 90 days of the date of notification by the RIPE NCC to the contact email addresses listed in the relevant RIPE Database object. delete: </p> delete: <p> delete: <a id="411" name="411"> delete: </a> delete: </p> delete: <p> delete: <b> 4.1.1 De-registration Timeframe delete: </b> delete: </p> delete: <p> delete: <b> Day one: delete: </b> The End User contact email addresses listed in the RIPE Database object are notified by the RIPE NCC about the need to sign a contract with a new sponsoring LIR or with the RIPE NCC. delete: </p> delete: <p> delete: <b> Day thirty: delete: </b> The End User contact email addresses listed in the RIPE Database object receive an email reminder and a "Remarks" line is added to the resource RIPE Database object. delete: </p> delete: <p> delete: <b> Day sixty: delete: </b> The End User contact email addresses listed in the RIPE Database object receive a final email reminder; the resource RIPE Database object is locked with the RIPE NCC maintainer; and reverse delegation is removed for IP address ranges. delete: </p> delete: <p> delete: <b> Day ninety: delete: </b> The resource and related RIPE Database objects are deleted from the RIPE Database. The resource will be de-registered and put in quarantine for future re-assignment. delete: </p> delete: <p> delete: <a id="42" name="42"> delete: </a> delete: </p> delete: <h3> 4.2 Violation of RIPE Policy, Law or Contract delete: </h3> delete: <p> The RIPE NCC will de-register the independent Internet number resources in case of a fundamental breach of contract by the End User, supported by a Dutch court order; or delete: </p> delete: <p> Violation of Law by the End User, supported by a Dutch court order; or violation of RIPE Policy by the End User. delete: </p> delete: <p> delete: <a id="421" name="421"> delete: </a> delete: </p> delete: <p> delete: <b> 4.2.1 De-registration Timeframe delete: </b> delete: </p> delete: <p> delete: <b> Day one: delete: </b> The sponsoring LIR and the End User contact email addresses listed in the RIPE Database object receive a notification from the RIPE NCC; the resource RIPE Database object is locked with the RIPE NCC maintainer. delete: </p> delete: <p> delete: <b> Day thirty: delete: </b> The sponsoring LIR and the End User contact email addresses listed in the RIPE Database object receive a notification from the RIPE NCC; the resource and related RIPE Database objects are deleted from the RIPE Database. The resource will be de-registered and put in quarantine for future re-assignment. delete: </p> delete: <p> delete: <a id="43" name="43"> delete: </a> delete: </p> delete: <h3> 4.3 Contract Expired and Not Renewed / Ceased and Not Transferred delete: </h3> delete: <p> If the contract between the sponsoring LIR and the End User of independent Internet number resources has expired and has not been renewed, or has ceased for any other reason, please see the RIPE NCC procedural document, “ insert: <a class="external-link" title="" href="http://www.ripe.net/publications/closure" target="_self"> Closure of Members, Deregistration of Internet Number Resources and Legacy Internet Resources insert: </a> ”. insert: </p>

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1. Change in End User's Business Structure insert: </h3>

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When the End User and the sponsoring LIR initially sign a contract, the sponsoring LIR must submit to the RIPE NCC an extract from the Commercial Trade Register or an equivalent document proving the registration of the End User's business with the relevant national authorities (see also the RIPE NCC procedural document, " insert: <a class="external-link" title="" href="http://www.ripe.net/publications/docs/due-diligence" target="_self"> Due Diligence for the Quality of the RIPE NCC Registration Data" insert: </a> ). insert: </p>

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If the End User is a natural person, the sponsoring LIR must submit the identification papers of the End User. This can be a passport, driving license or other official document proving the identity of the individual (see also the RIPE NCC procedural document, insert: <a class="external-link" title="" href="http://www.ripe.net/publications/docs/due-diligence" target="_self"> "Due Diligence for the Quality of the RIPE NCC Registration Data insert: </a> "). insert: </p>

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If there is any change in the End User's business structure after signing the contract with the sponsoring LIR (for example, the End User has a maximum of 90 merged with another company or has changed name), and, because of this change, the information held by the RIPE NCC on the End User is not up-to-date, then the sponsoring LIR is obliged to submit the updated/new registration papers of the End User to the RIPE NCC, as well as any documents verifying this change. insert: </p>

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Procedure insert: </h3>

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The sponsoring LIR must inform the RIPE NCC of the End User's business change and submit new registration papers from the national authority and the official legal documents supporting this change via the LIR Portal. If access to the LIR Portal is not possible, the sponsoring LIR must send an email to insert: <a href="mailto:[email protected]"> [email protected] insert: </a> informing the RIPE NCC of the End User's business change and including new registration papers from the national authority and the official legal documents supporting this change. insert: </p>

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The RIPE NCC will update all RIPE Database objects maintained by the RIPE NCC that are affected by this change. End Users must update all RIPE Database objects that they maintain themselves that are affected by this change. insert: </p>

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If the sponsoring LIR does not submit the aforementioned documents within 10 working days to sign a contract either of the RIPE NCC requesting them, the RIPE NCC will send a reminder to the sponsoring LIR's contact email addresses and to the End User's contact email addresses as listed in the relevant RIPE Database object, asking the sponsoring LIR to submit the requested documents within 10 working days of the day of the reminder. insert: </p>

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If the RIPE NCC has not received the requested documents 10 working days from the date of the reminder, the RIPE NCC will begin deregistering the independent Internet number resources according to the procedure described in section B.2.2 of the RIPE NCC procedural document, “ insert: <a class="external-link" title="" href="http://www.ripe.net/publications/closure" target="_self"> Closure of Members, Deregistration of Internet Number Resources and Legacy Internet Resources insert: </a> ”. insert: </p>

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2. Termination of Contractual Relationship insert: </h3>

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An End User of independent Internet number resources must have a contractual relationship with a new sponsoring LIR at all times. If the contractual relationship between the End User and the sponsoring LIR is terminated for any reason, the RIPE NCC must be notified. The End User must at this point enter into a contractual relationship with a different sponsoring LIR or with the RIPE NCC directly. insert: </p>

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Procedure insert: </h3>

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Preferably, for registration purposes, the RIPE NCC must be notified before the contractual relationship terminates. It is the responsibility of the sponsoring LIR to submit this notification to the RIPE NCC prior to termination. insert: </p>

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If the RIPE NCC has not been notified prior to the termination and the End User has already entered into a new contractual relationship with a different sponsoring LIR, this new sponsoring LIR must notify the RIPE NCC and submit the new contract they signed with the End User. The RIPE NCC will notify the previous sponsoring LIR of this change. Should the previous LIR object to the termination of their contract with the End User, the RIPE NCC will only accept the contract of the sponsoring LIR that submits a confirmation signed by the End User. This confirmation must clearly state that the End User has or has not terminated the contractual agreement with the previous sponsoring LIR. insert: </p>

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The End User may also enter into a contractual relationship directly with the RIPE NCC. delete: </p> delete: <p> The timeframe for this case For more information, please see the notes on insert: <a href="http://www.ripe.net/participate/resource-management/independent-resources"> Requesting Independent Resources insert: </a> . insert: </p>

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If the RIPE NCC is informed of the termination of the contractual relationship between the sponsoring LIR and the End User and, after 10 working days, no new contractual relationship has been established between the End User and a different sponsoring LIR or the RIPE NCC, the RIPE NCC will send a notification to the End User's contact email addresses, as listed in the relevant RIPE Database object, asking the End User to sign a new contractual agreement with another sponsoring LIR within 10 working days from the date of the notification or to sign an agreement directly with the RIPE NCC. insert: </p>

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If the RIPE NCC has not received a new contractual agreement 10 working days from the date of the notification, the RIPE NCC will start deregistering the independent Internet number resources according to the procedure described in section B.2.2 of the RIPE NCC procedural document, “ insert: <a class="external-link" title="" href="http://www.ripe.net/publications/closure" target="_self"> Closure of Members, Deregistration of Internet Number Resources and Legacy Internet Resources insert: </a> ”. insert: </p>

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3. Closure of Sponsoring LIR insert: </h3>

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If the sponsoring LIR has their RIPE NCC Standard Service Agreement terminated, the RIPE NCC will send a notification to the End User's contact email addresses, as listed in the relevant RIPE Database object, asking the End User to sign a new contractual agreement with another sponsoring LIR or with the RIPE NCC within 10 working days of the notification. insert: </p>

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If the End User does not submit a new contractual agreement with another sponsoring LIR within 10 working days of the RIPE NCC requesting this, the RIPE NCC will send a reminder to the End User's contact email addresses as listed in the relevant RIPE Database object, asking the sponsoring LIR to submit the requested documents within 10 working days of the day of the reminder. insert: </p>

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If the RIPE NCC has not received a new contractual agreement 10 working days from the date of the reminder, the RIPE NCC will begin deregistering the independent resources according to the procedure described in section B.2.2 of the RIPE NCC procedural document, “ insert: <a class="external-link" title="" href="http://www.ripe.net/publications/closure" target="_self"> Closure of Members, Deregistration of Internet Number Resources and Legacy Internet Resources insert: </a> ”. insert: </p>

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4. Transfer of the Assigned Independent Internet Number Resources insert: </h3>

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If an End User wants to transfer (parts of) the independent Internet number resources assigned to them by the RIPE NCC to a third party in accordance with RIPE Policies (Section 6.4 of “ insert: <a href="http://www.ripe.net/publications/ipv4-policies#55"> IPv4 Address Allocation and Assignment Policies for the RIPE NCC Service Region insert: </a> ”, Section 4.1.1 - De-registration Timeframe. delete: </p> 8.0 of “ insert: <a href="http://www.ripe.net/publications/ipv6-policy#8--transfer-of-ipv6-resources"> IPv6 Address Allocation and Assignment Policy insert: </a> ” and Section 4.0 of “ insert: <a href="http://www.ripe.net/publications/asn-assignment-policies#Transferring"> Autonomous System (AS) Number Assignment Policies insert: </a> ”), this must be communicated to the RIPE NCC. insert: </p>

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Procedure insert: </h3>

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Both parties must have a contractual relationship with either the RIPE NCC or a sponsoring LIR. One of the parties involved must inform the RIPE NCC by submitting a request (directly or through their sponsoring LIR) via the LIR Portal. insert: </p>

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The RIPE NCC will ask for the following information: insert: </p>

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insert: <strong> i. Information regarding the parties involved, including: insert: </strong> insert: </p>

insert: <ul>
    insert: <li>
  • The full official legal names of all parties involved insert: </li>
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  • Which party will transfer the independent Internet number resources and which party will receive them insert: </li>
  • insert: <li>
  • Recent registration papers from national authorities for all involved parties insert: </li>
  • insert: </ul>
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If the current official legal name of the End User is different from the one the RIPE NCC has on record, the procedure described under Section 1 must be followed prior to the transfer of the assigned independent Internet number resources. If this update refers to a transferring End User who wants to transfer all of their assigned independent Internet number resources, then a relevant update of the RIPE Database object, as described under Section 1, may be disregarded. insert: </p>

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insert: <strong> ii. insert: </strong> insert: <strong> A insert: </strong> insert: <strong> description of the reason for the transfer (for example, due to merger, acquisition, transfer of Internet number resources according to the RIPE policies) insert: </strong> insert: </p>

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If the transfer is taking place due to a change in the structure of the organisation(s) involved (e.g., merger, acquisition), a description of the changes among these organisation(s) is necessary. This description must be accompanied by the official legal documents issued by the relevant national authorities proving/supporting the changes the request is based on. insert: </p>

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If the change in the structure of the organisation(s) involved cannot be proven/supported by official documentation from national authorities describing this change (e.g., a network acquisition from one member to another), then these cases will fall within the scope of the relevant RIPE Policies (Section 5.5 and 6.4 of “ insert: <a href="http://www.ripe.net/publications/ipv4-policies"> IPv4 Address Allocation and Assignment Policies for the RIPE NCC Service Region insert: </a> ”, Section 8 of “ insert: <a href="http://www.ripe.net/publications/ipv6-policy"> IPv6 Address Allocation and Assignment Policy insert: </a> ” and Section 4.0 of “ insert: <a href="http://www.ripe.net/publications/asn-assignment-policies"> Autonomous System (AS) Number Assignment Policies insert: </a> ”) and will be evaluated in accordance with them. insert: </p>

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insert: <strong> iii. A list of the assigned independent Internet number resources for which a transfer is being requested insert: </strong> insert: </p>

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insert: <strong> iv. insert: </strong> insert: <strong> The correct contact details of all parties involved insert: </strong> insert: </p>

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The RIPE NCC may ask the parties involved to confirm the correctness of their contact details or to update them. insert: </p>

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insert: <strong> v. insert: </strong> insert: <strong> A Transfer Agreement signed by both parties or by their legal successors insert: </strong> insert: </p>

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The RIPE NCC provides the template of the Transfer Agreement that either party may submit to the RIPE NCC. insert: </p>

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The Transfer Agreement must be signed by authorised persons for both parties. For the transferring party, it is required that the Transfer Agreement is signed by an authorised representative having the general capacity to act on behalf of this party. The RIPE NCC reserves the right to request official documentation proving that the person signing on behalf of either party is authorised to do so. insert: </p>

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The RIPE NCC may ask the other party/parties to confirm their agreement to the transfer. The confirmation must be authorised (signed or sent) by a contact person or authorised person. insert: </p>

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If the transferring party no longer exists by the time the RIPE NCC has been informed, the receiving party must send both of the following: insert: </p>

insert: <ul>
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  • An official document (issued by a national authority) confirming the closure of the transferring party. insert: </li>
  • insert: <li>
  • A copy of an older signed agreement between the relevant parties mentioning the transfer of the assigned independent Internet number resources. If such an agreement is not available, the RIPE NCC may accept a confirmation of the transfer to the RIPE NCC signed by an authorised person (e.g. senior manager, legal successor) of the receiving party. The RIPE NCC reserves the right to reverse the transfer should another party object to this transfer and provide an agreement that proves that the Provider Independent address records should have been transferred to them. insert: </li>
  • insert: </ul>
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The RIPE NCC will update all RIPE Database objects maintained by the RIPE NCC that are affected by this change. The parties involved must update all RIPE Database objects that they maintain themselves that are affected by this change. insert: </p>

Independent Internet Number Resources - – Contractual Relationship Changes between Between Sponsoring LIR and End User
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