[arin-ppml] Deceased Companies?

[Ronald F. Guilmette]

In message <55579A4C-F9E7-4DEA-9948-F4F34B2D16B1 at arin.net>, 
John Curran <jcurran at arin.net> wrote:

>> I provided a straightforward hypothetical of a small business that was validly operating
>> within the state of California, which was formerly (a) registered as an ARIN member, and
>> which (b) was the registrant/Holder of ARIN resources, and which (c) either by deliberate
>> choice of the owner(s) or by defaulting on its legal obligations to the State, became
>> dissolved as a legal entity, i.e. it ceased to exist as a legal entity.
>> 
>> What is the legal basis for you to claim that such an entity "appears to be a reorganization"?
>
>I did not provide a legal basis; I noted the basis in ARIN number resource policy. 

Yes, you referenced NRPM section 8.2.  However that section makes no mention whatsoever
of either the (a) dissolution of an incorporated entity or (b) the death of a natural
person (which could also be an ARIN member and resource holder).  And indeed, if my
browser's search function is working properly then it would appear that neither the
word "death" nor the word "dissolution" appears anywhere in the entire NRPM.  Would
you agree that these terms and/or terms having similar meanings are not mentioned at
all, either in the NRPM or in the RSA?

>> Please provide a clear answer to this question John.  Just mumbling some vague musings
>> about "working with the member to try to rectify/cure the situation" is not what
>> I'm looking for here.
>
>There is no organization to speak with - if such a case were brought to our attention and the
>resources were not being used, we?d revoke.  If they were in use, we?d try to reach the party 
>using them first (as there may be a legal successor after all and we just didn?t identify that 
>properly.) 
>
>> Please keep in mind when answering that you/ARIN may not even know who the real legal 
>> successors, heirs, and assigns of the (now defunct) company even are.  So who the
>> bleep would ARIN be trying to "work the problem out" with anyway if you don't even
>> know for sure who owned the dead company at the time of its death?
>
>Precisely. 

John you _seem_ to be agreeing that that if a corporate entity that was a member and
resource holder has become dissolved by default (or if natural person which was a
resource holder has died) and if the relevant resources are still in use, that ARIN
would, quite reasonably, attempt to make contact with the current user of said resources
and that ARIN would ask that current user (or those current users) to provide some
legal documentation which would legally and definitively indicate the identity (or
the identities) of the heirs, successors, or assigns of the now-former member.  Is
that a correct reading of your statements, or am I inferring too much?

And are you also asserting that in the absence of any timely production of such
documentation, ARIN would reclaim all relevant number resources and terminate the
associated (now defunct) membership?


Regards,
rfg