RE: [council] Looking for information how to change Registrar

[Bruce Tonkin <Bruce.Tonkin@melbourneit.com.au>]

Hello Elisabeth,

The policy for transfers for .com/.net/.org is currently buried in
Exhibit B (policy on transfer of sponsorship of registrations between
registrars)  of Appendix F (Registry-Registrar Agreement), of the Verisign
.com Registry agreement.

See:
http://www.icann.org/tlds/agreements/verisign/registry-agmt-appf-com-16apr01
.htm


For general reference, I have copied the full text of the current policy
below.
The transfers taskforce is currently trying to solve issues where the policy
is ambiguous or open to different interpretation by competing registrars.

I would be interested to hear your experience in transferring your names.

Regards,
Bruce Tonkin


Exhibit B
Policy on Transfer of Sponsorship of Registrations Between Registrars

A. Holder-Authorized Transfers. 

Registrar Requirements.

The registration agreement between each Registrar and its Registered Name
holder shall include a provision explaining that a Registered Name holder
will be prohibited from changing its Registrar during the first 60 days
after initial registration of the domain name with the Registrar. Beginning
on the 61st day after the initial registration with the Registrar, the
procedures for change in sponsoring registrar set forth in this policy shall
apply. Enforcement shall be the responsibility of the Registrar sponsoring
the domain name registration.

For each instance where an Registered Name holder wants to change its
Registrar for an existing domain name (i.e., a domain name that appears in a
particular top-level domain zone file), the gaining Registrar shall:

1) Obtain express authorization from an individual who has the apparent
authority to legally bind the Registered Name holder (as reflected in the
database of the losing Registrar).

a) The form of the authorization is at the discretion of each gaining
Registrar.

b) The gaining Registrar shall retain a record of reliable evidence of the
authorization.

2) In those instances when the Registrar of record is being changed
simultaneously with a transfer of a domain name from one party to another,
the gaining Registrar shall also obtain appropriate authorization for the
transfer. Such authorization shall include, but not be limited to, one of
the following:

a) A bilateral agreement between the parties.

b) The final determination of a binding dispute resolution body.

c) A court order.

3) Request, by the transmission of a "transfer" command as specified in the
Registry Registrar Protocol, that the Registry database be changed to
reflect the new Registrar.

a) Transmission of a "transfer" command constitutes a representation on the
part of the gaining Registrar that:

(1) the requisite authorization has been obtained from the Registered Name
holder listed in the database of the losing Registrar, and

(2) the losing Registrar will be provided with a copy of the authorization
if and when requested.

In those instances when the Registrar of record denies the requested change
of Registrar, the Registrar of record shall notify the prospective gaining
Registrar that the request was denied and the reason for the denial.

Instances when the requested change of sponsoring Registrar may be denied
include, but are not limited to:

1) Situations described in the Domain Name Dispute Resolution Policy

2) A pending bankruptcy of the Registered Name holder

3) Dispute over the identity of the Registered Name holder

4) Request to transfer sponsorship occurs within the first 60 days after the
initial registration with the Registrar

In all cases, the losing Registrar shall respond to the e-mail notice
regarding the "transfer" request within five (5) days. Failure to respond
will result in a default "approval" of the "transfer."

Registry Requirements.

Upon receipt of the "transfer" command from the gaining Registrar, VGRS will
transmit an e-mail notification to both Registrars.

VGRS shall complete the "transfer" if either:

1) the losing Registrar expressly "approves" the request, or

2) VGRS does not receive a response from the losing Registrar within five
(5) days.

When the Registry's database has been updated to reflect the change to the
gaining Registrar, VGRS will transmit an email notification to both
Registrars.

Records of Registration.

Each Registered Name holder shall maintain its own records appropriate to
document and prove the initial domain name registration date, regardless of
the number of Registrars with which the Registered Name holder enters into a
contract for registration services.

Effect on Term of Registration.

The completion by VGRS of a holder-authorized transfer under this Part A
shall result in a one-year extension of the existing registration, provided
that in no event shall the total unexpired term of a registration exceed ten
(10) years.

 

B. ICANN-Approved Transfers.

Transfer of the sponsorship of all the registrations sponsored by one
registrar as the result of acquisition of that registrar or its assets by
another registrar may be made according to the following procedure:

(a) The gaining registrar must be accredited by ICANN for the Registry TLD
and must have in effect a Registry-Registrar Agreement with VGRS for the
Registry TLD.

(b) ICANN must certify in writing to VGRS that the transfer would promote
the community interest, such as the interest in stability that may be
threatened by the actual or imminent business failure of a registrar.

Upon satisfaction of these two conditions, VGRS will make the necessary
one-time changes in the registry database for no charge, for transfers
involving 50,000 name registrations or fewer. If the transfer involves
registrations of more than 50,000 names, VGRS will charge the gaining
registrar a one-time flat fee of US$ 50,000.



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