[nc-transfer] FW: Canadian Transfers Model

["Cade,Marilyn S - LGA" <mcade@att.com>]

Posted with permission of sender. Thanks, Danny. 

Marilyn
-----Original Message-----
From: DannyYounger@cs.com [mailto:DannyYounger@cs.com]
Sent: Thursday, May 30, 2002 5:38 PM
To: Cade,Marilyn S - LGA
Cc: Elisabeth.Porteneuve@cetp.ipsl.fr; rjs@lojo.co.nz;
tony.ar.holmes@bt.com; mcf@uwm.edu; nick.wood@nom-iq.com;
grant.forsyth@clear.co.nz; ross@tucows.com; sgaon@registrypro.com;
crusso@verisign.com; synthesis@videotron.ca; dsafran@nixonpeabody.com;
james.love@cptech.org; faia@amauta.rcp.net.pe
Subject: Canadian Transfers Model


Your thoughts on the Canadian Transfers Model would be appreciated:

11. TRANSFER OF REGISTRATION
Although a domain name Registration is not the property of the Registrant, 
CIRA will recognize a 
transfer of the Registration.  To transfer a domain name Registration to 
another person, the 
following procedure must be followed:

11.1    Canadian Presence Requirements.  Proposed transferees of a 
Registration must meet 
the Canadian Presence Requirements for Registrants set out in Section 2.1.

11.2    User Account and Password.  The Registrant of record for the 
Registration to be 
transferred (the "Transferor Registrant") must contact the proposed 
transferee of the 
Registration (the "Transferee Applicant") and obtain the CIRA User Account of 
the 
Transferee Applicant to initiate the process.  No transfer can be initiated 
unless the 
Transferee Applicant has a Registration or is a Registrant Without a Domain 
Name in 
accordance with Sections 2.12 to 2.15.  In other words, the Transferee 
Applicant must 
have already agreed to be bound by the Registrant Agreement and all the Rules 
and 
Procedures as set out in these rules and procedures in order to apply to have 
a 
Registration transferred to it.  Provided that the Transferee Applicant has a 
Registration 
or is a Registrant Without a Domain Name in accordance with Sections 2.12 to 
2.15, the 
procedure set out in Sections 11.3 through 11.9 must be followed.

11.3    Transfer Request.  The Transferor Registrant must cause its Registrar 
of record to 
submit a Registrant Transfer of Registration Request ("Transfer Request") to 
CIRA 
indicating the Transferee Applicant's CIRA User Account.  This Transfer 
Request will 
then be validated and processed in accordance with Section 5.

11.4    Confirmation by the Transferor Registrant.  If the Transfer Request 
is so validated 
and processed, CIRA will send an email to the Transferor Registrant 
containing the 
address of a secure web page.  The Transferor Registrant will be required to 
go, within 
168 hours (7 days) from the time and date of CIRA's email, to the web page 
identified in 
the email from CIRA, use its User Account to identify itself, confirm its 
identity by using 
its Private Password and confirm the Transfer Request.  If the Transferor 
Registrant 
confirms the Transfer Request, CIRA will mark the Registration in CIRA's 
WHOIS 
database available to the public as subject to a pending transfer.  The 
Transferor 
Registrar, the Transferor Registrant, the Transferee Applicant and the 
Transferee 
Registrar will be advised by CIRA once this has taken place.  If the 
Transferor Registrant 
does not comply with this confirmation procedure within such 168 hour (7 day) 
period, 
the Transfer Request will be rejected and cancelled, and CIRA will give 
notice of the 
cancellation to the Transferor Registrant, the Transferor Registrar, the 
Transferee 
Applicant and the Transferee Registrar.

11.5    Transferee Applicant Transfer Request.  Once the Transferor 
Registrant has confirmed 
the Transfer Request, the Transferee Applicant must cause the Transferee 
Registrar to 
submit the Transferee Applicant Transfer Request to CIRA. This Request will 
be 
processed and validated in accordance with Section 5.  

11.6    Confirmation by Transferee Applicant.  If the Transferee Applicant 
Transfer Request 
is so validated and processed, CIRA will send an email to the Transferee 
Applicant 
containing the address of a secure web page.  The Transferee Applicant will 
be required 
to go, within 168 hours (7 days) from the time and date of CIRA's email to 
the web page 
identified in the email from CIRA, use its User Account to identify itself 
and confirm its 
identity by using its Private Password.  The Transferee Applicant will then 
be required to 
confirm that the information provided by the Transferee Registrar in the 
Transferee 
Applicant Transfer Request is correct.

11.7    Modification of Information. If the information provided by the 
Applicant's Registrar 
in the Transferee Applicant Transfer Request is not correct, the Transferee 
Applicant 
should select the CONFIRM LATER option on this web page, contact its 
Registrar and 
make any modifications to the information through its Registrar within the 
168 hour (7 
day) period from the time and date of CIRA's email referred to in Section 
11.6.  Once the 
modifications have been made, the Transferee Applicant must complete the 
confirmation 
procedure set out in Section 11.6 within the time period set out in Section 
11.6 or the 
Transferee Applicant Transfer Request will be rejected and cancelled.

11.8    Cancellation of Request. If the Transferee Applicant does not wish to 
proceed any 
further with the Transferee Applicant Transfer Request, the Transferee 
Applicant should 
select the CANCEL option on this web page.  The Transfer Request will be 
rejected and 
cancelled at the end of the 168 hour (7 day) period from the time and date of 
CIRA's 
email referred to in Section 11.6 by CIRA with no further notice to the 
Transferee 
Applicant, the Transferee Registrar, the Transferor Registrar or the 
Transferor Registrant.  
No fee is payable by the Transferee Registrar in this event.

11.9    Transfer of Registration.  If the Transferee Applicant complies with 
this confirmation 
procedure within such 168 hour (7 day) period, CIRA will debit the Transferee 
Registrar's balance in the CIRA Deposit Account for the Transfer of 
Registration Fee in 
accordance with the Fee Schedule (located at http://www.cira.ca/ registrars/ 
documents.html) plus any applicable taxes. 
    Unless the Transferee's Registrar's balance in the CIRA Deposit Account 
is insufficient 
to cover the Transfer of Registration Fee, CIRA will also:
(a) transfer or cause to be transferred the Registration from the Transferor 
Registrant 
to the Transferee Applicant and make the Transferee Registrar the Registrar 
of 
record for the Registration; 
(b) advise the Transferee Applicant, the Transferor Registrant, the 
Transferor 
Registrar and the Transferee Registrar that the domain name Registration has 
been transferred to the Transferee Applicant; and
(c) update or cause the Registration record for the domain name Registration 
to be 
updated to reflect the change in Registrant.
When a Registration is transferred in accordance with the procedure in 
Section 11, the 
remaining registration period is also transferred with the Registration to 
the Transferee 
Applicant and there will be no refund by CIRA to the Transferor Registrar for 
such fees.