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

Owen DeLong owen at delong.com
Mon Jul 15 19:19:39 EDT 2019


+1

Owen


> On Jul 15, 2019, at 14:23 , Scott Leibrand <scottleibrand at gmail.com> wrote:
> 
> 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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