[arin-ppml] Recommended Draft Policy ARIN-2015-4: Modify 8.2 section to better reflect how ARIN handles reorganizations

[Andrew Dul]

The intent here is to clarify that a reorganization is not required to go through the larger process of showing that assets were acquired and the other needs testing that is currently done on mergers & acquisitions.   

Andrew

> On Oct 5, 2015, at 3:26 PM, Azinger, Marla <Marla.Azinger at FTR.com> wrote:
> 
> It looks like all that was changed was they added the word “re-organization”.  Am I missing some other text change?
> 
> Regards
> Marla Azinger
> 
> -----Original Message-----
> From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On Behalf Of ARIN
> Sent: Tuesday, July 21, 2015 10:33 AM
> To: arin-ppml at arin.net
> Subject: [arin-ppml] Recommended Draft Policy ARIN-2015-4: Modify 8.2 section to better reflect how ARIN handles reorganizations
> 
> Recommended Draft Policy ARIN-2015-4
> Modify 8.2 section to better reflect how ARIN handles reorganizations
> 
> On 16 July 2015 the ARIN Advisory Council (AC) recommended
> ARIN-2015-4 for adoption, making it a Recommended Draft Policy.
> 
> ARIN-2015-4 is below and can be found at:
> https://www.arin.net/policy/proposals/2015_4.html
> 
> You are encouraged to discuss Draft Policy 2015-4 on the PPML prior to the ARIN Public Policy Consultation at ARIN 36 in Montreal in October 2015. Both the discussion on the list and at the meeting will be used by the ARIN Advisory Council to determine the community consensus for adopting this as policy.
> 
> The ARIN Policy Development Process can be found at:
> https://www.arin.net/policy/pdp.html
> 
> Draft Policies and Proposals under discussion can be found at:
> https://www.arin.net/policy/proposals/index.html
> 
> Regards,
> 
> Communications and Member Services
> American Registry for Internet Numbers (ARIN)
> 
> 
> ## * ##
> 
> 
> Recommended Draft Policy ARIN-2015-4
> Modify 8.2 section to better reflect how ARIN handles reorganizations
> 
> Date: 21 July 2015
> 
> AC's assessment of conformance with the Principles of Internet Number Resource Policy:
> 
> 2015-4 is largely editorial in nature and does not change policy implementation, but clarifies existing use of policy. The proposal is fair in that it provides a consistent interface for transfers and clarifies the transfer policy. It is technically sound in that it is already effectively implemented. The proposal has received support on the mailing list and we expect it to be generally supported by the community as it is the direct result of community feed back on the existing policy.
> 
> Problem Statement:
> 
> ARIN staff indicated that NRPM 8.2 does not clearly indicate how ARIN procedures handle reorganizations. ARIN staff indicated that the first policy bullet point does not apply to reorganizations.
> 
> Policy statement:
> 
> Replacement text for entire 8.2 section:
> 
> 8.2. Mergers, Acquisitions, and Reorganizations
> 
> ARIN will consider requests for the transfer of number resources in the case of mergers, acquisitions, and reorganizations under the following
> conditions:
> 
> -The current registrant must not be involved in any dispute as to the status of the resources to be transferred.
> 
> -The new entity must sign an RSA covering all resources to be transferred.
> 
> -The resources to be transferred will be subject to ARIN policies.
> 
> -The minimum transfer size is the smaller of the original allocation size or the applicable minimum allocation size in current policy.
> 
> -For mergers and acquisition transfers, the recipient entity must provide evidence that they have acquired assets that use the resources to be transferred from the current registrant. 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 transfer resources as needed to restore compliance via the processes outlined in current ARIN policy.
> 
> Comments:
> 
> The problem statement is addressed by:
> 
> -re-title 8.2
> 
> -clarify the documentation bullet point
> 
> -rearrange the documentation bullet to the end of the list since it only applies to some requestors, while the other bullet points apply to all requestors.
> 
> a.Timetable for implementation: Immediate
> 
> b.Anything else
> 
> #####
> 
> ARIN STAFF & LEGAL ASSESSMENT
> Draft Policy ARIN-2015-4
> Modify 8.2 section to better reflect how ARIN handles reorganizations https://www.arin.net/policy/proposals/2015_4.html
> 
> Date of Assessment: July 14, 2015
> 
> ___
> 1. Summary (Staff Understanding)
> This proposal would provide clarification to the 8.2 transfer policy for reorganizations. It does this by adding "reorganizations" to the title, and clarifies that evidence of acquired assets is only required for merger and acquisition transfers; not reorganizations.
> 
> ___
> 2. Comments
> A. ARIN Staff Comments
> This proposal can be implemented as written. Minimal staff training and preparation would be needed to implement this if it were to become policy. The proposal clarifies a point about reorganizations that has been confusing to customers in the past. We see no negative impacts.
> 
> B. ARIN General Counsel – Legal Assessment Counsel sees no material legal issues in this policy.
> 
> ___
> 3. Resource Impact
> This policy would require minimal staff training and preparation. We see no negative impacts.
> 
> ___
> 4. Proposal / Draft Policy Text Assessed
> 
> Draft Policy ARIN-2015-4
> 
> Modify 8.2 section to better reflect how ARIN handles reorganizations
> 
> Problem Statement:
> 
> ARIN staff indicated that NRPM 8.2 does not clearly indicate how ARIN procedures handle reorganizations. ARIN staff indicated that the first policy bullet point does not apply to reorganizations.
> 
> Policy statement:
> 
> Replacement text for entire 8.2 section:
> 
> 8.2. Mergers, Acquisitions, and Reorganizations
> 
> ARIN will consider requests for the transfer of number resources in the case of mergers, acquisitions, and reorganizations under the following
> conditions:
> 
> -The current registrant must not be involved in any dispute as to the status of the resources to be transferred.
> -The new entity must sign an RSA covering all resources to be transferred.
> -The resources to be transferred will be subject to ARIN policies.
> -The minimum transfer size is the smaller of the original allocation size or the applicable minimum allocation size in current policy.
> -For mergers and acquisition transfers, the recipient entity must provide evidence that they have acquired assets that use the resources to be transferred from the current registrant. 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 transfer resources as needed to restore compliance via the processes outlined in current ARIN policy.
> 
> Comments:
> 
> The problem statement is addressed by:
> 
> -re-title 8.2
> -clarify the documentation bullet point
> -rearrange the documentation bullet to the end of the list since it only applies to some requestors, while the other bullet points apply to all requestors.
> 
> a.Timetable for implementation: Immediate
> 
> b.Anything else
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