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Changes to Transfer of Internet Number Resource Records and Change of a Member’s Official Legal Name

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ripe-648: ripe-758: Transfer of Internet Number Resource Records Resources and Change of a Member’s Official Legal Name
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Contents delete: </h4> delete: <p> 1.0 delete: <a href="#1"> insert: </h2>

insert: <p>

1.0  insert: <a href="#definitions"> Definitions

2.0 delete: <a href="#2"> 2.0  insert: <a href="#introduction"> Introduction

3.0 delete: <a href="#3"> 3.0  insert: <a href="#transfer"> Transfer of Internet Number Resource Records delete: </a> delete: </p> delete: <p style="padding-left: 30px; "> 3.1 delete: <a href="#31"> Resources insert: </a> insert: </p>

insert: <p style="padding-left: 30px;">

3.1  insert: <a href="#transfer31"> Submission of the Request for Transfer

delete: <p style="padding-left: 30px; "> 3.2 delete: <a href="#32"> insert: <p style="padding-left: 30px;">

3.2  insert: <a href="#transfer32"> If the Receiving Party is not a Member

delete: <p style="padding-left: 30px; "> 3.3 delete: <a href="#33"> insert: <p style="padding-left: 30px;">

3.3  insert: <a href="#transfer33"> Financial Consequences

delete: <p style="padding-left: 30px; "> 3.4 delete: <a href="#34"> insert: <p style="padding-left: 30px;">

3.4  insert: <a href="#transfer34"> Internet Number Resource Registration and RIPE Database Issues

delete: <p> 4.0 delete: <a href="#4"> The delete: <span> insert: <p style="padding-left: 30px;">

3.5  insert: <a href="#transfer35"> Transfers Between LIR Accounts Belonging to the Same Member delete: </span> insert: </a> insert: </p>

insert: <p style="padding-left: 30px;">

3.6  insert: <a href="#transfer36" data-linktype="anchor" data-val="8"> Transfer of Internet Number Resources under Policy Restrictions due to a Change in the Member's Business Structure insert: </a> insert: </p>

insert: <p style="padding-left: 30px;">

3.7 insert: <a href="#transfer37" data-linktype="anchor" data-val="9"> Transfers due to Seizure insert: </a> insert: </p>

insert: <p>

4.0  insert: <a href="#memberchanges"> Member Changes its Official Legal Name

delete: </p> delete: <p> delete: <a name="1"> delete: </a>  

insert: <a name="definitions"> insert: </a> 1.0 Definitions

For the purposes of this document: delete: </p> delete: <p> Internet number resource records document, Internet number resources refer to to:

  • The registered allocations allocation and assignments of a Member assignment records of a member
  • The independent In the case of a transfer of Internet number resources assigned from the member to another party according to RIPE Policy " insert: <a href="http://www.ripe.net/publications/docs/transfer-policies" data-linktype="external" data-val="http://www.ripe.net/publications/docs/transfer-policies"> RIPE Resource Transfer Policies insert: </a> ". Such a transfer may also be facilitated through the Member as a “sponsoring LIR” to an End User RIPE NCC Listing Service.

delete: <a name="2"> delete: </a>  

insert: <a name="introduction"> insert: </a> 2.0 Introduction

In order for the RIPE NCC to maintain an accurate registry, it must hold accurate data concerning:

  • The natural or legal persons holding the registration of Internet number resources
  • The Internet number resource records resources that are registered to the these natural and or legal persons

This means that any transfer of Internet number resources from one party to another, or any change to the legal status of a party holding the registration of Internet number resources, must be communicated to the RIPE NCC.

The Member A member must inform the RIPE NCC if delete: <i> if  insert: <em> one or both delete: </i> of insert: </em>  of the following changes occurs:

  1. Internet Number Resource records are transferred. Such transfers may take place: delete: </li> insert: </li>
  2. The Member member changes its official legal name. name insert: <strong> insert: </strong> Such a change may occur, for example, because of a merger or acquisition of the Member's member's organisation.

This document describes the procedures to be followed for such changes to be properly communicated to, and registered with, with the RIPE NCC.

delete: <b> insert: <strong> Note: delete: </b> delete: </p> delete: <p> insert: <br />
insert: </strong>
If a change in the Member's a member's official legal name is accompanied by a transfer of Internet number resource records, the Member resources, the member must first inform the RIPE NCC of the name change and then of the transfer.

If a change in the Member's a member's business structure is delete: <i> is  insert: <em> not delete: </i> accompanied insert: </em>  accompanied by a transfer of Internet number resource records resources or a change in the Member's member's official legal name, then the RIPE NCC does not need to be informed of this change.

This document does not describe the procedure to be followed in the case of changes with regards to independent Internet number resources assigned to End Users or any changes to the End User's Users business structure. This procedure is described in the RIPE NCC Procedural Document, delete: <a href="https://www.ripe.net/ripe/docs/lir-end-user-contractual-changes"> " insert: <a href="http://www.ripe.net/publications/docs/lir-end-user-contractual-changes" data-val="http://www.ripe.net/publications/docs/lir-end-user-contractual-changes" data-linktype="external"> Independent Internet Number Resources - Contractual Relationship Changes Between Sponsoring LIR and End User ”. delete: </p> delete: <p> delete: <a name="3"> delete: </a> ". insert: </p>

insert: <p>

This document does not describe the procedure to be followed in case of a transfer of Internet number resources from the RIPE NCC service region to the service region of another RIR and vice versa. This procedure is described in the RIPE NCC procedural document, " insert: <a class="external-link" href="http://www.ripe.net/publications/docs/inter-rir-transfer-of-inr" data-linktype="external" data-val="http://www.ripe.net/publications/docs/inter-rir-transfer-of-inr"> Inter-RIR Transfer of Internet Number Resources insert: </a> ". insert: </p>

insert: <p>

 

insert: <a name="transfer"> insert: </a> 3.0 Transfer of Internet Number Resource Records Resources

If a Member member transfers their Internet number resource records resources to a third party for any reason, this transfer must be declared to, and approved by, the RIPE NCC. delete: </p> delete: <p> delete: <a name="31"> delete: </a> to the RIPE NCC for approval.

insert: <a name="transfer31"> insert: </a> 3.1 Submission of the Request for Transfer

One of the involved parties must submit a request by email to the RIPE NCC for For the transfer to be executed: delete: </p> delete: <ul> delete: <li> If the transfer is due to a change in the business structure of the Member (e.g., merger or acquisition), the request must be submitted to delete: <a href="mailto:[email protected]"> [email protected] delete: </a> delete: </li> delete: <li> If the transfer is a transfer of Internet number resource records from one Member to another party according to RIPE Policies ( delete: <a href="https://www.ripe.net/ripe/docs/ipv4-policies"> Sections 5.5 and 6.4, ''IPv4 Address Allocation and Assignment Policies for the RIPE NCC Service Region delete: </a> ”, Section 8, '' delete: <a title="" href="https://www.ripe.net/publications/docs/ipv6-policy#8--transfer-of-ipv6-resources" class="external-link" target="_self"> IPv6 Address Allocation and Assignment Policy delete: </a> '' and Section 4.0, '' delete: <a title="" href="https://www.ripe.net/publications/docs/asn-assignment-policies#Transferring" class="external-link" target="_self"> Autonomous System (AS) Number Assignment Policies delete: </a> '', the request must be submitted to delete: <a href="mailto:[email protected]"> [email protected] delete: </a> delete: </li> delete: </ul> delete: <p> A processed, a registered contact or an authorised person (e.g., senior manager, legal successor) must send the request. of the involved parties must submit a request to the RIPE NCC. More specifically: insert: </p>

insert: <ul>
    insert: <li>
  • If the transfer is due to a change in the member's business structure that can be proved/supported by official documentation by national authorities (e.g., merger, acquisition, bankruptcy, liquidation), either of the parties involved must submit the request via the  insert: <a href="https://my.ripe.net/#/update-registry"> LIR Portal insert: </a> . If the requesting party does not have access rights to the LIR portal, the request must be submitted via email to  insert: <a href="mailto:[email protected]"> [email protected] insert: </a> insert: </li>
  • insert: <li>
  • If this is a transfer of Internet number resource from one member to another party according to RIPE Policy " insert: <a href="http://www.ripe.net/publications/docs/transfer-policies" data-linktype="external" data-val="http://www.ripe.net/publications/docs/transfer-policies"> RIPE Resource Transfer Policies insert: </a> ", the transferring party must submit the request via the  insert: <a href="https://my.ripe.net/"> LIR Portal insert: </a> . insert: </li>
  • insert: </ul>
insert: <p>

The RIPE NCC will evaluate the request and process the transfer if it is adequately supported by the submitted information (see below under i-v).

The RIPE NCC will ask for the following information:

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

  • The full official legal names of all parties involved
  • Which party will transfer the Internet number resource records resources and which party will receive them
  • Recent registration papers issued by the relevant national authorities for all involved parties

If the current official legal names of the involved Members members are different from the ones those in the relevant signed RIPE NCC Standard Service Agreement, then the procedure described under delete: <a href="#4"> in  insert: <a href="#memberchanges"> Section 4.0 must  must be followed prior to the transfer of the Internet number resource records. resources.

The procedure described under Section 4.0 is not necessary for the transferring Member member if the RIPE NCC Standard Service Agreement of the transferring Member for that member is terminated (see Sections A.1.1 and A.1.2 of the RIPE NCC Procedural Document, " insert: <a href="http://www.ripe.net/publications/docs/closure" data-linktype="external" data-val="http://www.ripe.net/publications/docs/closure"> Closure of Members, Deregistration of Internet Resources and Legacy Internet Resources, delete: <a href="https://www.ripe.net/ripe/docs/closure#11"> Section A.1.1. delete: </a> and delete: <a href="https://www.ripe.net/ripe/docs/closure#12"> Section A.1.2. delete: </a> ). delete: </p> delete: <p> delete: <b> Resources insert: </a> ". insert: </p>

insert: <p>

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

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

delete: <b> 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 RIPE Policy " insert: <a href="http://www.ripe.net/publications/docs/transfer-policies" data-linktype="external" data-val="http://www.ripe.net/publications/docs/transfer-policies"> RIPE Resource Transfer Policies insert: </a> ". insert: </p>

insert: <p>

insert: <strong> iii. A list of the Internet number resource records resources that are requested to be transferred. If delete: <i> If  insert: <em> all delete: </i> of insert: </em>  of the transferring Member's Internet number resource records member's Internet number resources registered are being transferred, a confirmation of this is requested. delete: </b> delete: </p> delete: <p> The Member insert: </strong> insert: </p>

insert: <p>

The member must also indicate any End User assignment agreements that are requested to be transferred.

If a Member member transfers all of their Internet number resource records, the resources, their RIPE NCC Standard Service Agreement of the Member may be terminated upon request of the member or following the member's confirmation (see Section A.1.1. of the RIPE NCC Procedural Document, " insert: <a href="http://www.ripe.net/publications/docs/closure"> Closure of Members, Deregistration of Internet Resources and Legacy Internet Resources, delete: <a href="https://www.ripe.net/ripe/docs/closure#11"> Section A.1.1. delete: </a> ). delete: </p> delete: <p> delete: <b> Resources insert: </a> "). insert: </p>

insert: <p>

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

The RIPE NCC may ask the parties involved to confirm the correctness of their contact details or to update them. The contact details include the billing contact details and the VAT number details.

delete: <b> insert: <strong> v. A Transfer Agreement signed by both parties or by their legal successors delete: </b> delete: </p> delete: <p> The RIPE NCC will make a insert: </strong> insert: </p>

insert: <p>

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

insert: <p>

The Transfer Agreement to the RIPE NCC, 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>

insert: <p>

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 registered contact person or authorised person (e.g., senior manager, legal successor).

If the transferring party no longer exists by the time the RIPE NCC is being informed, the receiving party must send:

  • an An official document (issued by a national authority) confirming the closure of the transferring party; and party
  • a A copy of an older signed agreement between the relevant parties mentioning the transfer of the Internet number resource records. 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 Internet number resource records should have been transferred to them.

delete: <b> insert: <strong> vi. delete: </b> delete: <b> An overview of the utilisation of all allocations and of the status of all independent Internet number resource assignments delete: </b> insert: </strong>

The RIPE NCC may ask for an overview of the utilisation of all Internet number resources registered to the Member member and of all End User assignment agreements signed by the Member. delete: </p> delete: <p> delete: <a name="32"> delete: </a> member.

insert: <a name="transfer32"> insert: </a> 3.2 If the Receiving Party is not a Member

Members may wish to transfer their Internet number resource records to another Member member or to a third party that is not a Member. member.

If the Internet number resource records resources are transferred to a non-Member, non-member, the receiving party must apply to be a Member member by signing the a RIPE NCC Standard Service Agreement before the transfer takes place ( delete: <a data-linktype="internal" target="_self" title="" href="resolveuid/e292d712e8380f2d2507f0a15e4b66a4" data-val="e292d712e8380f2d2507f0a15e4b66a4" class="internal-link"> insert: <a href="https://www.ripe.net/../../../../../../become-a-member"> more information on how to become a Member member is available ) ). If the receiving party refuses to do the above, the RIPE NCC will not transfer the Internet number resource records resources to them.

If the Internet number resource records resources to be transferred are Provider Independent (PI) addresses , Resources (IPv4 PI and AS Numbers), the receiving party may either apply to be a Member become a member by signing the RIPE NCC Standard Service Agreement Agreement, or can enter into a contractual relationship with a sponsoring LIR. For more information, please see the notes on delete: <a data-linktype="internal" target="_self" title="" href="resolveuid/19535eb1d3f320e6aaec89eec3a8ba6d" data-val="19535eb1d3f320e6aaec89eec3a8ba6d" class="internal-link"> on  insert: <a href="https://www.ripe.net/../../../../../../participate/resource-management/independent-resources"> Requesting Independent Resources .

The request for the transfer can be submitted as described above (Section 1). delete: </p> delete: <p> delete: <a name="33"> delete: </a> 3.1).

insert: <a name="transfer33"> insert: </a> 3.3 Financial Consequences

All outstanding invoices and all outstanding financial obligations must be paid in full. If the RIPE NCC Standard Service Agreement is terminated in the course of the RIPE NCC financial year, the service fee for this Member member must be paid for the full year. The This payment is the responsibility of the receiving Member.If member. If the receiving party is not a Member, member, then the payment is the responsibility of the transferring Member. member.

If the receiving party decides to sign the RIPE NCC Standard Service Agreement, then a sign-up fee must be paid (see delete: <a href="http://www.ripe.net/ripe/docs/charging"> (see  insert: <a href="http://www.ripe.net/publications/docs/charging"> RIPE NCC Charging Scheme ).

delete: <p> delete: <a name="34"> delete: </a> delete: </p>

insert: <a name="transfer34"> insert: </a> 3.4 Internet Number Resource Registration and RIPE Database Issues

delete: <b> insert: <strong> The RIPE NCC will review the status of any IP address allocation or independent Internet Number Resource number resource assignment maintained by the party involved, in compliance with the RIPE Policies current at the time of the transfer. delete: </b> delete: </p> delete: <p> The insert: </strong> insert: </p>

insert: <p>

The transferring party or (if the transferring party does not exist anymore) the receiving Member member must deregister from the RIPE Database any invalid or overlapping registrations or unused assignment approvals. registrations.

The RIPE NCC will update the registry, including all RIPE Database objects maintained by the RIPE NCC that are related to this transfer. The transferring Member member must update all RIPE Database objects maintained by them that are related to this transfer.

delete: <p> delete: <a name="4"> delete: </a> insert: <h4>

insert: <a name="transfer35"> insert: </a> 3.5 Transfers Between LIR Accounts Belonging to the Same Member insert: </h4>

insert: <p>

Transfers of Internet number resources between LIR accounts belonging to the same member fall within the scope of the RIPE Policy " insert: <a href="http://www.ripe.net/publications/docs/transfer-policies" data-linktype="external" data-val="http://www.ripe.net/publications/docs/transfer-policies"> RIPE Resource Transfer Policies insert: </a> " and will be evaluated in accordance with them. insert: </p>

insert: <p>

Any time restriction that is applied to Internet number resources when they are received must expire before they can be transferred. However, once this restriction has expired, new time restrictions will not be applied to these resources if they are further transferred between LIR accounts held by the same member. insert: </p>

insert: <p>

The procedure described above in Section 3.1 is applicable except from paragraphs 3.1.ii and 3.1.v. insert: </p>

insert: <p>

If after the transfer the member decides to close an LIR account, all outstanding invoices and all outstanding financial obligations for all LIR accounts must be paid in full. insert: </p>

insert: <p>

The RIPE NCC will review the status of any IP address allocation or independent Internet number resource assignment maintained by the member, in compliance with the RIPE Policies current at the time of the transfer. insert: </p>

insert: <p>

The member must deregister from the RIPE Database any invalid or overlapping registrations. insert: </p>

insert: <p>

The RIPE NCC will update the registry, including all RIPE Database objects maintained by the RIPE NCC that are related to this transfer. The member must update all RIPE Database objects maintained by them that are related to this transfer. insert: </p>

insert: <h4>

insert: <a id="transfer36"> insert: </a> 3.6 Transfers of Internet Number Resources under Policy Restrictions Due to a Change in the Member's Business Structure insert: </h4>

insert: <p>

Internet number resources that are subject to transfer restrictions imposed by the RIPE Policy " insert: <a href="http://www.ripe.net/publications/docs/transfer-policies" data-linktype="external" data-val="http://www.ripe.net/publications/docs/transfer-policies"> RIPE Resource Transfer Policies insert: </a> ", and that are transferred due to a change in a member's business structure, must either remain registered with the original LIR account or be registered with a new LIR account. The receiving party will be provided with RIPE NCC services for these Internet number resources via either the original LIR account or the new LIR account until the policy restrictions are lifted. insert: </p>

insert: <h4>

insert: <a id="transfer37"> insert: </a> 3.7 Transfers due to Seizure insert: </h4>

insert: <p>

If the RIPE NCC is delivered a court order for the seizure of the right to registration of Internet number resources for the recovery of money, in accordance with Dutch legal procedures, the RIPE NCC will comply with its obligations. This order may create obligations for the RIPE NCC, such as the restriction of the transfer of Internet number resources from the member’s account, the issuance of a statement outlining the Internet number resources registered to a member’s account, and the transfer of the Internet number resources away from the member’s account. insert: </p>

insert: <p>

The RIPE NCC will comply on the condition that the court order: insert: </p>

insert: <ul>
    insert: <li>
  • Has entered into force and is recognised by the Dutch courts. insert: </li>
  • insert: <li>
  • Is served by a bailiff in advance to the RIPE NCC in the form of an authentic enforceable document (e.g., a court order). insert: </li>
  • insert: <li>
  • Specifically mentions the RIPE NCC and creates an obligation for the RIPE NCC to perform the transfer. (i.e., the enforceable title must apply specifically to the RIPE NCC). This does not mean the RIPE NCC needs to be named as a defendant. insert: </li>
  • insert: <li>
  • States the specific Internet number resources at issue. insert: </li>
  • insert: </ul>
insert: <p>

Each order will be reviewed on a case-by-case basis. If the RIPE NCC believes that an order or the third party seeking to enforce the order does not comply with RIPE policies or RIPE NCC procedures, the RIPE NCC reserves the right to dispute it. insert: </p>

insert: <p>

 

delete: <b> insert: <a name="memberchanges"> insert: </a> 4.0 The Member Changes its Official Legal Name delete: </b>

It is the obligation of the Member member to inform the RIPE NCC immediately if any change in the Member's member's official legal name occurs.

The Member member must send an email to delete: <a href="mailto:[email protected]"> [email protected] delete: </a> informing the RIPE NCC of the a request for name change. This email change via the LIR Portal. The request must include:

  • New registration papers from the national authority; and
  • The official legal documents supporting this change

If the requesting party does not have access to the LIR Portal, the request must be submitted via email to  insert: <a href="mailto:[email protected]"> [email protected] insert: </a>  and the above-mentioned documents must be uploaded via a secure link provided by the RIPE NCC. insert: </p>

insert: <p>

The RIPE NCC will send a new delete: <a href="http://www.ripe.net/ripe/docs/service-agreement"> new  insert: <a href="http://www.ripe.net/publications/docs/service-agreement"> RIPE NCC Standard Service Agreement for the Member  for the member to sign under the new official legal name. When the RIPE NCC receives the new RIPE NCC Standard Service Agreement properly signed by the Member, member, it will update the registry, including all RIPE Database objects maintained by the RIPE NCC that are related to this change. The Member member must update all RIPE Database objects maintained by them that are related to this change.

delete: <span> If the change in the Member's member's official legal name occurred without a further change in the Member's member's structure (e.g. (e.g., merger with another legal entity, acquisition by/of another legal entity), the Member member will not have to sign a new RIPE NCC Standard Service Agreement. delete: </span> delete: </p> insert: </p>

Transfer of Internet Number Resource Records Resources and Change of a Member’s Official Legal Name