[arin-ppml] Draft Policy ARIN-2019-12: M&A Legal Jurisdiction Exclusion

[Joe Provo]

<ARIN AC hat but using registered posting address>
Hey folks,

Like several other proposals, we seem to have been
hit by the summer slump considering the following.

There was a single posted objection, and it isn't
clear if lack of activity stems from 
- uninterest
- interest in seeing 2019-13 move instead
- interest in seeing 2019-4 move instead
- something else

Thanks in advance for more input!

Joe
</ARIN AC hat>

On Tue, May 21, 2019 at 02:02:14PM -0400, ARIN wrote:
> On 16 May 2019, the ARIN Advisory Council (AC) accepted "ARIN-prop-272: 
> M&A Legal Jurisdiction Exclusion" as a Draft Policy.
> 
> Draft Policy ARIN-2019-12 is below and can be found at:
> https://www.arin.net/participate/policy/drafts/2019_12/
[snip]
> Draft Policy ARIN-2019-12: M&A Legal Jurisdiction Exclusion
> 
> Problem Statement:
> 
> M&A activity sometimes results in a surviving legal entity that is not 
> in ARIN service region, but may prefer to continue the pre-existing 
> relationship with ARIN.
> 
> Example: Imagine a case where a global company has decided to 
> discontinue service in the ARIN service region (shuttering ARIN region 
> offices laying off ARIN region employees, and canceling ARIN region 
> customers) and repurpose the network resources and number resources in 
> the rest of its global footprint. During restructuring the company 
> concentrates its holdings in its European subsidiary, and then dissolved 
> its US legal entity.
> 
> Imagine a case where a global company has decided to divest its service 
> in the ARIN region (selling all ARIN region offices, all ARIN region 
> network assets, all ARIN service region customers, all number resources 
> used in the ARIN (associated with previous noted sale of network and 
> customers), but retaining ARIN issued resources in use outside of the 
> ARIN service region. During restructuring the company concentrates its 
> holdings which are not in us in the ARIN service region in its European 
> subsidiary, and then sells off its US legal entity (including the 
> network, customers, addresses in use, etc) dissolved its US legal entity.
> 
> Policy Statement:
> 
> Add the following to section 8.2
> 
> M&A activity resulting in the surviving legal entity which is not 
> incorporated in the ARIN service region will be permitted to hold number 
> resources directly allocated or assigned by ARIN.
> 
> Comments:
> 
> Timetable for implementation: Immediate
> 
> Anything Else This proposal may be overtaken by a more general approach 
> to ARIN membership legal jurisdiction exclusion



-- 
Posted from my personal account - see X-Disclaimer header.
Joe Provo / Gweep / Earthling