[rpd] New Policy Proposal Received | M&A Resource Transfers (AFPUB-2019-GEN-004-DRAFT01)

[Sylvain Baya]

Hi all,

Hope you are well.

Please see my review below (inline)...

Le lundi 11 novembre 2019, Moses Serugo <moses.serugo at gmail.com> a écrit :


> Hello PDWG Members,

>

>

>

> We have received a new policy Proposal -  "M&A Resource Transfers

> (AFPUB-2019-GEN-004-DRAFT01 )” from authors Jordi Palet Martinez and

> Souad Abidi.

>

>

>

> The proposal contents are published at

>

> https://afrinic.net/policy/proposals/2019-gen-004-d1#proposal

>

>

> Please take some time to go through the proposal contents and provide your

> feedback.

>


AFRINIC PDWG | Current Proposals | M&A Resource Transfers | DPP

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." [1]
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]

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." [3]
"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." [4]

3.0 Proposal
New CPM section as follows:

3.1 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.
3.2 Requesting a transfer after a M&A operation [0]
To initiate this change and proceed with the registration, legal
documentation must be submitted which, at the discretion of AFRINIC,
supports the operation.
3.3 [0] Documentation
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.
[5]

4. References
There are similar policies in other regions.
LACNIC has an equivalent policy proposal for each type of resource (IPv4,
IPv6 and ASN):
https://politicas.lacnic.net/politicas/detail/id/LAC-2019-2
https://politicas.lacnic.net/politicas/detail/id/LAC-2019-3
https://politicas.lacnic.net/politicas/detail/id/LAC-2019-4

__
[0]: I have reorganized the text in section 3.0 in sub-sections. The intent
is to add more modularity to this DPP, so it would be easily amended if
adopted.
[1]: Please can you explain this sentence ? {i see two part not well
assorted :-/}
...consider to replace by : "This is also true for others types of
organizations and sectors from the RIR's resource members, including the
end-users."
[2]: I want to ask you to remove it; because this text should be part of
the section 2.0.
[3]: Maybe section 2.0 should be divided in two part ? This first
sub-section 2.1 titled : "Introduction to the Proposed Solution"
[4]: ...then a second sub-section 2.2 titled : "CPM Editorial's
Recommendations".
I like the way you have specified your editorial's recommendations. Then i
suggest that the Staff adjusts the DPP's template, in order to reflecting
this improvement. Note that, the improvement in question could be useful as
it could be a way to simplify some tricky editorial's aspects of the
insertion of an adopted (ratified&implemented) DPP into the CPM.
[5]: Please consider to add this : "As for any other existing type of
transfers, some informations about those resulting to M&A must also be
published. The informations to publish include :
• Implicated Org's names
• Resulting Org's name(s)
• Resources transferred
• Type of M&A
• ..."

Thanks.

Shalom,
--sb.

Thank you.

>

>

>

> PDWG Co-chairs

>



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