ARIN-prop-170 Transfer of Number Resources in case of Bankruptcy

[ARIN]

ARIN-prop-170 Transfer of Number Resources in case of Bankruptcy

ARIN received the following policy proposal and is posting it to the
Public Policy Mailing List (PPML) in accordance with the Policy
Development Process.

The ARIN Advisory Council (AC) will review the proposal at their next
regularly scheduled meeting (if the period before the next regularly
scheduled meeting is less than 10 days, then the period may be extended
to the subsequent regularly scheduled meeting). The AC will decide how
to utilize the proposal and announce the decision to the PPML.

The AC invites everyone to comment on the proposal on the PPML,
particularly their support or non-support and the reasoning
behind their opinion. Such participation contributes to a thorough
vetting and provides important guidance to the AC in their deliberations.

Draft Policies and Proposals under discussion can be found at:
https://www.arin.net/policy/proposals/index.html

The ARIN Policy Development Process can be found at:
https://www.arin.net/policy/pdp.html

Mailing list subscription information can be found
at: https://www.arin.net/mailing_lists/

Regards,

Communications and Member Services
American Registry for Internet Numbers (ARIN)


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ARIN-prop-170 Transfer of Number Resources in case of Bankruptcy

Proposal Originator: Christoph Blecker

Proposal Version: 1.0

Date: 9 May 2012

Policy term: permanent

Policy statement:

NRPM 8.4 Bankruptcy Proceedings
Similar to section 8.2, ARIN will consider requests for the transfer of 
number resources in the case of bankruptcy or other court-supervised 
liquidation proceedings upon receipt of evidence that the receiving 
entity has acquired assets that used resources from the current 
registrant. ARIN will maintain an up-to-date list of acceptable types of 
documentation.

In the event that number resources of the receiving organization are no 
longer justified under ARIN policy at the time ARIN becomes aware of the 
transaction, through a transfer request or otherwise, ARIN will work 
with the resource holder(s) to return, aggregate, transfer, or reclaim 
resources as needed to restore compliance via the processes outlined in 
current ARIN policy.

Rationale:

During policy discussions surrounding Draft Policy ARIN-2012-3 (ASN 
Transfers), the community was advised by ARIN Counsel that there are 
situations and cases currently making their way through the court system 
where an entity has gone bankrupt and a court is supervising liquidation 
of their assets. While number resources themselves are not assets, the 
exclusive right to those number resources is, and this addresses the 
need for these to be able to be moved with the other more tangible 
network assets.

Timetable for implementation: immediate