AFPUB-2019-GEN-004-DRAFT01 - M&A Resource Transfers - AFRINIC

AFPUB-2019-GEN-004-DRAFT01: M&A Resource Transfers

Proposal Details
Proposal Name	M&A Resource Transfers
ID	AFPUB-2019-GEN-004-DRAFT01	Date Submitted	2019-11-08
Author(s)	Refer to Proposal Tab	Status	Archived

1.0 Summary of the problem being addressed by this proposal

The merger, acquisition, reorganization or relocation (in short M&A) of companies or parts of companies is a common occurrence in the Internet and technology sector, among both operators and other businesses. This is also true for other types of organizations and sectors, all of them end-users of the RIRs.

Currently AFRINIC don’t have a policy for M&A.

There is a procedure defined by the staff, but this is not optimal, as it falls totally outside the control of the community.

This proposal establishes such mechanism to allow intra-RIR transfers of any kind of resources exclusively for those M&A cases.

2.0 Summary of how this proposal addresses the problem

This proposal seeks provides a simple text and proposes leaving the supporting documentation up to the staff, as such documentation will not necessarily be the same in every case.

It is suggested that, as an editorial CPM update, if this policy is adopted, it is placed as a new section (possibly 13), which accommodates also section 5.7 and, in the future, any transfers-related policies in a single place. This editorial modification can be done by the staff, renumbering/reordering any relevant sections, even adjusting titles/subtitles for the new section to better match the adopted text.

3.0 Proposal

New CPM section as follows:

Current	Proposed
	1. Resource Transfers due to Mergers, Acquisitions, Reorganizations or Relocations AFRINIC will process and register intra-RIR resource transfers resulting from a partial or complete merger, acquisition, business reorganization or relocation, regardless of whether the resources are held by an LIR/ISP or an end-user. To initiate this change and proceed with the registration, legal documentation must be submitted which, at the discretion of AFRINIC, supports the operation. Examples of such documentation include: * A copy of the legal document validating the transfer of assets. * A detailed inventory of all the assets used by the applicant for maintaining the resources in use. * A list of the applicant's customers using the resources. In addition, the need to keep all the resources must also be justified, following existing policies and procedures. If required, new RSA(s) may need to be signed by the resulting company or companies.

Current

Proposed

1. Resource Transfers due to Mergers, Acquisitions, Reorganizations or Relocations AFRINIC will process and register intra-RIR resource transfers resulting from a partial or complete merger, acquisition, business reorganization or relocation, regardless of whether the resources are held by an LIR/ISP or an end-user. To initiate this change and proceed with the registration, legal documentation must be submitted which, at the discretion of AFRINIC, supports the operation. Examples of such documentation include: * A copy of the legal document validating the transfer of assets. * A detailed inventory of all the assets used by the applicant for maintaining the resources in use. * A list of the applicant's customers using the resources. In addition, the need to keep all the resources must also be justified, following existing policies and procedures. If required, new RSA(s) may need to be signed by the resulting company or companies.

References

There are similar policies in other regions.

LACNIC has an equivalent policy proposal for each type of resource (IPv4, IPv6 and ASN):

Revision History

Date	Details
2nd November 2019	Version 1: AFPUB-2019-GEN-004-DRAFT01 Initial Draft Posted to rpd