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

JORDI PALET MARTINEZ jordi.palet at consulintel.es
Mon Jul 15 17:42:23 EDT 2019


Could someone willing to have resources form ARIN, create a company in US, subsidiary of a company in another RIR, justify the need, get the resources, close the US company, and following this policy keep the ARIN resources?

I still think that ARIN-2019-10 (Inter-RIR M&A) makes more sense than this one.

Regards,
Jordi
@jordipalet
 
 

El 15/7/19 23:23, "ARIN-PPML en nombre de Scott Leibrand" <arin-ppml-bounces at arin.net en nombre de scottleibrand at gmail.com> escribió:

    Allowing entities outside the ARIN region to continue holding addresses originally assigned to an ARIN-region organization to which the non-ARIN-region entity is a legal successor seems reasonable to me, and less fraught than allowing IPv6 and IPv4 waitlist space to be M&A transferred to another RIR. 
    
    Support.
    
    Scott
    
    > On Jul 15, 2019, at 1:32 PM, Joe Provo <ppml at rsuc.gweep.net> wrote:
    > 
    > 
    > <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 
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