[rpd] Implementation of transfer policy AFPUB-2016-V4-003

[Omo Oaiya]

> On 31 Aug 2017, at 10:39, Alan Barrett <alan.barrett at afrinic.net <mailto:alan.barrett at afrinic.net>> wrote:
> 
>>> 
>>> The RSA also has a clause that says "except in the event of The Applicant becoming the subject of merger and/or acquisition proceedings, the transfer of number resources is strictly prohibited”.   Even if there’s a policy that allows transfers, the RSA prohibits transfers, and the member has agreed to follow the RSA, so the member may not make a transfer.
>> 
>> This is not valid if the RSA is subject to policies.   If policies say member can transfer, then policy overrides any provisions of the  RSA with regards to this aspect.
> 
> “This agreement is subject to policies” means “policies can add additional restrictions”; it does not mean that policies can remove restrictions.

Alan,

Is this what legal confirmed to you or your opinion?   in my experience, “subject to”  in contracts does not work as you suggest above but rather looks ahead at the exception.   So not really a matter of removing restrictions but stating the exception.

Omo
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