ªauDA Transfers Policy

Policy No: 2002-27
Publication Date: 14/10/2002
Status: Current

TRANSFERS (CHANGE OF REGISTRANT) POLICY

1. BACKGROUND

1.1 This document sets out auDA's policy on the transfer of a domain name licence
from one registrant to a proposed new registrant, which has the effect of changing
the name of the registrant as listed in the registry database.

1.2 One of the fundamental policy principles in the .au domain is that domain names
are allocated on a 'first come, first served' basis to registrants that meet the
relevant eligibility criteria. If a registrant is not entitled to hold their domain
name licence (either under auDA policy or applicable rules of law), or has no further
use for the domain name, then the registrant should delete the domain name and make
it available for registration by another eligible registrant on a first come, first
served basis.

1.3 However, auDA recognises that the normal deletion process is not appropriate
where the registrant is required to transfer their domain name licence to another
party, by operation of law or for reasons of commercial expediency. This document
sets out a limited set of circumstances under which a registrant may transfer their
domain name licence.

1.4 This document does not detail the technical steps required to change the
registrant in the registry database. This information is made available to all auDA
accredited registrars by the registry.

2. TERMINOLOGY
2.1 This policy uses the following terms:

a) "proposed new registrant" means the entity or person to whom the registrant
proposes to transfer their domain name licence; and

b) "written request for transfer" means a request for transfer submitted to the
registrar by letter, facsimile, email or online form (request by telephone is not
acceptable) that provides details of the transfer circumstances (listed in paragraph
3.1).

3. CIRCUMSTANCES OF TRANSFER
3.1 A registrant may transfer their domain name licence to a proposed new
registrant if:

a) (i) the domain name is used within the operations of the registrant and either
the registrant or the operations are acquired by, merged into, devolved to or
joined with the operations of the proposed new registrant; or

(ii) the registrant, being a legal entity, is dissolved, liquidated, enters into
administration or is wound up with the consequence of the registrant's licence passing
to the proposed new registrant by operation of law;

(iii) the registrant, being a natural person, dies, becomes insane or enters into
a deed of family settlement with consequence of the registrant's licence passing to
the proposed new registrant by operation of law; or

(iv) the registrant is required to relinquish the licence to the proposed new
registrant by order of a competent arbitrator, tribunal, court or legislative body; or

(v) the registrant has entered into an agreement to transfer the licence to the
proposed new registrant in settlement of a dispute between the parties, as evidenced by
a deed of settlement;

AND

b) the proposed new registrant is eligible to hold the domain name according to the relevant
eligibility and allocation rules;

AND

c) the transfer does not constitute a breach of the prohibition on sale of a domain name by
a registrant (auDA Published Policy 2002-24).

3.2 A request for transfer of a domain name licence that does not qualify under paragraph
3.1 must be denied by the registrar. In the event that the registrant is unable or no longer
eligible to hold the domain name, then the licence must be surrendered and the domain name
deleted from the registry under the normal deletion process.

3.3 Where a request for transfer has been denied, the registrant has recourse to auDA's
normal complaints-handling process (auDA Published Policy 2002-21).

4. TRANSFER PROCESS

4.1 To process the transfer of a domain name licence, the registrar must:

a) receive a written request for transfer (as defined in paragraph 2.1) from the registrant
contact;

b) obtain documentary evidence in verification of the circumstances relied upon in paragraph
3.1 (eg. copy of deed of settlement); and

c) obtain confirmation of the request for transfer from both the registrant contact and the
proposed new registrant.

4.2 The registrar must keep full records of the transfer for inspection by auDA on demand,
including copies of the written request for transfer, documentary evidence and the confirmation
from the registrant contact and proposed new registrant.

4.3 The transfer will result in a new 2 year domain name licence being issued to the
proposed new registrant. The registrant is not entitled to be reimbursed by the registrar for
the unused portion of their domain name licence.