2009-1 Previous Version [Archived]

View the current policy proposal text.

The following version was archived on 1 June 2009.

Draft Policy 2009-1
Transfer Policy

Originator: ARIN Board of Trustees (using the Emergency PDP provision in the ARIN Policy Development Process)

Date: 24 March 2009

Policy statement:

Insert into the ARIN Number Resource Policy Manual as follows:

Add Section 2.8:

  “Organization.  An Organization is one or more legal entities under common control or ownership.”  

Replace Section 8 as follows:

8. Transfers

8.1. Principles
Number resources are non-transferable and are not assignable to any other organization unless ARIN has expressly and in writing approved a request for transfer. ARIN is tasked with making prudent decisions on whether to approve the transfer of number resources.

It should be understood that number resources are not “sold” under ARIN administration. Rather, number resources are assigned to an organization for its exclusive use for the purpose stated in the request, provided the terms of the Registration Services Agreement continue to be met and the stated purpose for the number resources remains the same. Number resources are administered and assigned according to ARIN’s published policies.

Number resources are issued, based on justified need, to organizations, not to individuals representing those organizations. Thus, if a company goes out of business, regardless of the reason, the point of contact (POC) listed for the number resource does not have the authority to sell, transfer, assign, or give the number resource to any other person or organization. The POC must notify ARIN if a business fails so the assigned number resources can be returned to the available pool of number resources if a transfer is not requested and justified.

8.2. Mergers and Acquisitions
ARIN will consider requests for the transfer of number resources in the case of mergers and acquisitions upon receipt of evidence that the new entity has acquired the assets which had, as of the date of the acquisition or proposed reorganization, justified the current entity’s use of the number resource. Examples of assets that justify use of the number resource include, but are not limited to:

• Existing customer base
• Qualified hardware inventory
• Specific software requirements.

In evaluating a request for transfer, ARIN may require the requesting organization to provide any of the following documents, as applicable, plus any other documents deemed appropriate:

• An authenticated copy of the instrument(s) affecting the transfer of assets, e.g., bill of sale, certificate of merger, contract, deed, or court decree.
• A detailed inventory of all assets utilized by the requesting party in maintaining and using the number resource.
• A list of the requesting party’s customers using the number resource.

If further justification is required, the requesting party may be asked to provide any of the following, or other supporting documentation, as applicable:

• A general listing of the assets or components acquired

• A specific description of acquisitions, including:

• Type and quantity of equipment

• Customer base

• A description of how number resources are being utilized

• Network engineering plans, including:

• Host counts

• Subnet masking

• Network diagrams

• Reassignments to customers

8.3 Transfers to Specified Recipients
Number resources may be released, in whole or in part, to ARIN for transfer to another specified organizational recipient, by any authorized resource holder within the ARIN region. Such transferred number resources may only be received by organizations that are within the ARIN region and can demonstrate the need for such resources in the exact amount which they can justify under current ARIN policies.

Notes:

Most of the existing Section 8 is left unchanged. List of changes:

2.8 New.
8.1 Changes from “Transfers” to “Principles.”
8.2 Changes from “Transfer Requirements” to “Mergers and Acquisitions.”
8.2 The word “only” is removed.
8.3 Moved up into 8.2.
8.3 Edited version of the adopted 2008-6.