[arin-ppml] Policy Proposal 105: Simplified M&A transfer policy

[Scott Leibrand]

Based on feeback so far, here's the updated/revised version of proposal 
105.  Additional feedback welcome, particularly from folks who have 
recently done (or are in process of doing) an M&A transfer.

Thanks,
Scott

Policy Proposal 105: Simplified M&A transfer policy

Proposal Version: 1.1

Date: 22 December 2009

Policy statement:

Replace section 8.2 with:

8.2. Mergers and Acquisitions

ARIN will consider requests for the transfer of number resources in the 
case of properly documented mergers and acquisitions. ARIN will maintain 
an up-to-date list of acceptable types of documentation.

In the event that number resources of the combined organizations are no 
longer justified under ARIN policy at the time ARIN becomes aware of the 
transaction, through a transfer request or otherwise, ARIN will work 
with the resource holder(s) to return or aggregate resources as 
appropriate via the processes outlined in sections 4.6, 4.7, or 12 of 
the NRPM.

Add "In addition to transfers under section 8.2, " at the beginning of 
section 8.3. Transfers to Specified Recipients.

Rationale:

This policy proposal: attempts to simplify the M&A transfer section of 
the NRPM; eliminates the ambiguity discussed at the ARIN Public Policy 
Meeting (PPM) in Dearborn by clarifying that transfers can occur under 
either 8.2 or 8.3 independently; and attempts to address the concerns 
raised in the staff policy implementation report at the Dearborn PPM 
(https://www.arin.net/participate/meetings/reports/ARIN_XXIV/PDF/thursday/policy_exp_report.pdf) 


The idea here is to simply say that ARIN will allow M&A transfers, and 
to require the return of any number resources for which there is no 
longer a justified need after the acquisition. Preferably that would 
happen voluntarily under the policies of NRPM 4.6 (Amnesty), but it also 
leaves the door open for ARIN to revoke space under NRPM 12 (Resource 
Review) if necessary. By implication, future needs that would qualify 
the organization for an allocation/assignment would likewise justify 
keeping transferred space. In particular, see the language of NRPM 
section 12, paragraphs 4 and 4a.

This policy also should dramatically increase the completion rate for 
transfer requests, as the evaluation of whether space is efficiently 
utilized after the transfer can occur in parallel, completely 
independently of the transfer request, and can continue even if the 
transfer request is abandoned.

The bulleted lists of acceptable documentation removed from the NRPM 
should be maintained by ARIN elsewhere on the website, such as at 
https://www.arin.net/resources/request/transfers.html