[address-policy-wg] Policy violation

Dear Aleksey and all,

We would like to clarify the situation because the policy refers to
transfers between RIPE NCC members and not transfers between the LIR
accounts that members might hold. A member may hold multiple LIR accounts.

Regarding the section that you refer to in the procedure, please see the
mail that was sent to the NCC Announce mailing list in October:
https://www.ripe.net/ripe/mail/archives/ncc-announce/2018-October/001286.html

This message explains how the RIPE NCC processes transfers of IPv4
address space or 16-bit ASNs due to a merger, acquisition or any other
change in business structure.

We hope this clarifies that no policy violation has taken place. A
merger or acquisition is possible at any time and must take place
following the processes outlined in the email.

Kind regards,

Marco Schmidt
Policy Officer
RIPE NCC


On 17/12/2018 19:21, Aleksey Bulgakov wrote:
> Hi.
>
> Regarding our situation. We have 3 accounts opened this year (for
> different legal entities). We provided the oficial government
> documents that confirm M&A procedure. But the NCC doesn't want to
> merge 2 accounts (of closed organizations) into the 1st account due to
> it is necessary to convert such accounts into additional account of
> receiving party, regarding
> https://www.ripe.net/publications/docs/ripe-709#transfer36.
>
> But there is restriction to transfer the resources during 24 month
> between accounts of the same member. So we should pay for additional 2
> years fees.
> пн, 17 дек. 2018 г. в 21:12, Jens Ott - Opteamax GmbH <ripe at opteamax.de>:
>>
>>> Which is kind of the point.  The 24 month restriction holds, unless
>>>   one LIR gets bought/merged, and the latter needs to be proved by
>>> official documents.
>> This is also not correct! At least from my experience, the restriction
>> also persists on being bought!
>>
>> The difference between being bought and merged is, at least from
>> German legal point of view, that in a merge (=Verschmelzung) the $OLD
>> company does not exist any longer but becomes fully integrated into
>> $NEW company, while in buying a company, $OLD stays it's own legal entit
>> y.
>>
>>  From my experience ONLY A MERGE IS accepted by RIPE to not apply
>> 24month restriction, while being bought does not shorten this restrictio
>> n.
>>
>> BR
>>
>> --
>> Jens Ott
>> Geschäftsführer
>>
>> Opteamax GmbH
>>
>> Simrockstr. 4b
>> 53619 Rheinbreitbach
>>
>> Tel.:  +49 2224 969500
>> Fax:   +49 2224 97691059
>> Email: jo at opteamax.de
>>
>> HRB: 23144, Amtsgericht Montabaur
>> Geschäftsführer: Jens Ott
>> Umsatzsteuer-ID.: DE264133989
>>
>