[arin-ppml] ARIN Accounts for Financing / Leasing IP

Martin Hannigan hannigan at gmail.com
Mon Apr 10 16:46:38 EDT 2017


On Mon, Apr 10, 2017 at 4:35 PM, William Herrin <bill at herrin.us> wrote:

> On Mon, Apr 10, 2017 at 3:04 PM, Robby Hicks <robby at usdedicated.com>
> wrote:
>
>> Hey guys, quick question for you here. We are looking to buy a larger
>> block of IP's, however we need to finance this out through a financing
>> company.
>>
>> During the financing term, ownership of the IP would need to be by the
>> financial institution, then transferred to our account after buyout is
>> completed.
>>
>
> Hi Robby,
>
> Contractually you do not own addresses allocated to you through ARIN's
> transfer process. In the Registration Services Agreement you signed you
> explicitly disclaimed ownership. There is no legal ownership, either by you
> or a financing company. There might or might not be legal ownership by ARIN
> -- that's not well defined by the courts yet.
>
>
'Ownership' can be achieved. In terms of his question about financing, its
an interesting request. It is possible to acquire space and if you properly
engage "A" $RIR, you could well call it an asset. One won't be able to
finance a debt position in it otherwise AFAIK since if it's not property
and you don't own it you can't collateralize it.

Organizations receiving IP addresses from ARIN must demonstrate an
> operational need. The financing company has no such need. Hence ARIN will
> not accept them as the registrant lawfully entitled to control of the
> address block.
>
> To some extent you may be able to make binding legal promises to the
> financing company with respect to facilitating a subsequent transfer should
> you default on payments. A lawyer could help you figure out how. I'm
> dubious about your luck talking the financing company in to it.
>
>
Or acquire assets in $REGION to satisfy the need for a financier to be able
to take a debt position in an asset.  Hard pressed to believe anyone is
going to finance anything but ERX/legacy addresses and only outside of the
ARIN region.

*But then.. reputable and knowledgeable broker. Or... v6. <---*

YMMV.

Best,

-M<
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