[arin-ppml] ARIN-prop-173 Revisions to M&A TransferRequirements(Updated Version)

[David Farmer]

On 7/6/12 10:00 CDT, John Curran wrote:
> On Jul 6, 2012, at 10:28 AM, David Farmer wrote:
>
>> On 7/5/12 18:23 CDT, Owen DeLong wrote:
>>
>>>> If a mom and pop organization changes its name they should be able to update the records with the new name without having to rejustify their use, its not about size.  If they we justified under the old name why shouldn't they be justified under the new name?  The use didn't change by changing the name.
>>>
>>> You are assuming that 8.2 only covers name changes. It does not. In fact, as I understand it, a name change does not require an 8.2 or 8.3 transfer if you can show that the new name and the old name are the same entity and not an ownership change.
>>
>> John,
>>
>> I thought you clarified this recently, but I couldn't find it when I went looking, so I apologize if you have answered this recently.
>>
>> Can an organization change its name other than trough an 8.2 transfer?
>
> A legal name change is not considered a request under the transfer
> policies, and as such does not require an organization to provide
> justification of their space per documented need.

John,

Thanks for clarifying that.  After digging more, I found the 
instructions to make a legal name change using ARIN Online without going 
through the transfer process.  The Org ID template doesn't allow a legal 
name change, I guess missed that ARIN Online does.

https://www.arin.net/resources/request/org.html#name_change

It says "you may need to sign a new Registration Services Agreement". 
So, does a legacy resource holder need to sign an RSA or LRSA to make a 
legal name change, if they haven't already signed one?

Also it it clearly states "If the name change is part of a merger, 
acquisition, reorganization, or anything similar, you cannot use this 
option.  Instead, follow the instructions for submitting a transfer 
request."  That's nice and clear, I like that.

However, I guess what confused me is the M&A transfer instructions are 
not equally clear on the converse, that a simple legal name change is 
not an M&A Transfer.   So, without the clear statement to the contrary 
and the fact that the acceptable types of documentation include 
documentation of name change.

from; https://www.arin.net/resources/request/transfers_8_2.html

- Authenticated documentation showing name change, such as
    - amended articles of incorporation
    - state/province/federal government verification of name change

And, further down on that page in section 6 includes the following that 
compounds the confusion;

https://www.arin.net/resources/request/transfers_8_2.html#step6

"Transferred Internet number resources by virtue of an organization name 
change, merger, acquisition...", that phrasing could easily be 
misunderstood that a name change is a transfer.  I'll also note that 
phrasing is not in the fee schedule itself and further seems to imply 
that there is a fee for a legal name change.  However, I don't get that 
impression from the fee schedule.

Is there a fee for a legal name change?  Maybe that should be rephrased.

So, all that together with the fact that the Org ID template didn't 
allow a legal name changes confused me into thinking that a name change 
was processed through an M&A Transfer.

I guess the name change documents are an important part of an overall 
document trail for an M&T transfer, especially if the ORD ID hadn't been 
updated with a previous legal name change.  However, I think making a 
reference to the legal name change process in step 1 of the M&A Transfer 
instructions that is equally as clear as the reference to the M&A 
transfer process within the legal name change process would really clear 
things up.

Also, maybe adding a note to the Org ID template that legal name changes 
can be requested through ARIN online would be helpful too.

I'll send these in through the ACSP as well.

Thanks.
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