Staff and Legal Review for Draft Policy ARIN-2019-12
M&A Legal Jurisdiction Exclusion
Staff and Legal Review (28 August 2019)
Staff’s understands the intent of the draft policy is to clarify the status of a surviving legal entity of a merger or acquisition when that entity is incorporated outside the ARIN region . Currently ARIN policy and procedures allow for a surviving legal entity that is not incorporated in the ARIN region to hold number resources that are directly allocated or assigned by ARIN. If the intent is to clarify this practice by adding this verbiage to section 8.2 then staff does not see an issue with it adding the suggested language to section 8.2.
ARIN Staff Comments
ARIN staff currently allows a surviving legal entity that is not incorporated in the ARIN region to hold either assigned or allocated resources.
Adopting the wording in 2019-12 will not change the way that ARIN processes 8.2 transfers today; however, it will clarify the intent going forward.
It is unclear if there is one example provided or two examples provided in the policy proposal.
ARIN General Counsel – Legal Assessment
In general, counsel believes the policy is designed to address a relatively rare ‘corner case’. If this were to occur, ARIN staff already has the authority to address the issue, consistent with the proposed policy’s intent. By making this a specific addition to policy it could create an artificial way to move resources from one region to another, as opposed to one that is organically occurring.
Implementation of this policy would have minimum resource impact. Since this is the way that ARIN interprets 8.2 policy today the implementation would be immediate after ratification by the ARIN Board of Trustees. It may take up to 90 days to add the wording to the ARIN NRPM.
Proposal/Draft Policy Text Assessed: 21 May 2019 Version