Transfers (Change of Registrant) Policy (2011-03)

auDA has published a help centre item about registrant transfers.

Policy No: 2011-03
Publication Date: 01/07/2018
Status: Current

1. BACKGROUND

1.1 This document sets out auDA's policy on the transfer of a domain name licence from a registrant to a proposed new registrant, which has the effect of changing the name of the registrant as listed in the registry database.

1.2 This document does not detail the technical steps required to change the registrant in the registry database. This information is made available to all auDA accredited registrars by the registry.

2. TERMINOLOGY

2.1 This policy uses the following terms:

a) "proposed new registrant" means the entity or person to whom the registrant proposes to transfer their domain name licence; and

b) "eligible entity" means an entity or person who is eligible to hold the domain name licence under relevant auDA published policies.

3. CIRCUMSTANCES OF TRANSFER

3.1 A registrant may:

a) offer their domain name licence for transfer (or "sale") to another eligible entity, by any means; and
b) transfer their domain name licence to another eligible entity, for any reason.

Please Note: Under the Domain Name Eligibility and Allocation Policy Rules for Open 2LDs, a registrant may not register a domain name for the sole purpose of resale or transfer to another entity. Where a registrant is found to have breached this policy rule, auDA reserves the right to cancel the domain name licence and delete the domain name.

4. TRANSFER PROCESS

4.1 To process the transfer of a domain name licence from the current registrant to a proposed new registrant, the registrar must:

a) receive a completed transfer form containing the text approved by auDA at Schedule A;
b) check that the proposed new registrant is an eligible entity; and
c) obtain confirmation of the request for transfer from the current registrant contact.

4.2 The registrar may use an automated process for handling registrant transfers, but they must be able to provide a copy of the transfer request and confirmation from the current registrant for inspection by auDA on demand.

4.3 The transfer will result in a new 1,2,3,4 or 5 year domain name licence being issued to the proposed new registrant. The current registrant is not entitled to be reimbursed by the registrar for the unused portion of their domain name licence.

5. CORRECTION TO REGISTRANT DETAILS

5.1 Under certain circumstances, a registrar may change the name of the registrant as listed in the registry database in order to correct a genuine error made at the time of registration. A correction does not involve a transfer of domain name licence and does not result in a new 1,2,3,4 or 5 year domain name licence being issued.

5.2 Circumstances under which a registrar may process a correction to registrant details include:

a) where the registrar or the registrant submitted incorrect data at the time of registration (eg. to correct a misspelling of the registrant's name);

b) where the domain name was incorrectly registered to the wrong party (eg. the domain name was registered in the name of a company employee instead of the name of the company, or the domain name was registered to the wrong entity within a group of related entities);

c) where the domain name was incorrectly registered in the name of the reseller or other agent who arranged the registration; and

d) where otherwise authorised by auDA.

6. BREACH OF POLICY

6.1 auDA reserves the right to investigate any transfer of a domain name licence under this policy.

6.2 Where a registrant or a proposed new registrant has breached auDA policy, or otherwise acted in bad faith in order to transfer a domain name licence, auDA reserves the right to reverse the transfer or to cancel the domain name licence and delete the domain name.

SCHEDULE A

STANDARD TEXT FOR TRANSFER FORM

Under paragraph 5.1 of the policy, the registrant transfer form used by the registrar must contain the standard text below.

Declaration by Current Registrant of Domain Name (Transferor)

I/We declare and warrant to the Registrar and to .au Domain Administration Ltd that:

I am authorised to submit this form for or on behalf of the current registrant of the domain name; and
the current registrant of the domain name is entitled to transfer the domain name licence to the proposed new registrant; and
all information contained in this transfer form are true, complete and correct, and not misleading.

The current registrant hereby transfers the domain name licence to the proposed new registrant, subject to the terms and conditions on which the current registrant held the domain name licence at the time of transfer.

Declaration by Proposed New Registrant of Domain Name (Transferee)

I/We declare and warrant to the Registrar and to .au Domain Administration Ltd that:

I am authorised to submit this form for or on behalf of the proposed new registrant of the domain name; and
the proposed new registrant is eligible to hold the domain name licence under auDA's published policies from time to time; and
all information contained in this transfer form are true, complete and correct, and not misleading.

The proposed new registrant hereby accepts the transfer of the domain name licence, subject to the terms and conditions on which the current registrant held the domain name licence at the time of transfer.

NOTE: All domain name licences are issued subject to .au Domain Administration Ltd's mandatory terms and conditions and published policies applicable from time to time, available at www.auda.org.au. Non-compliance with such terms and conditions or published policies may lead to the cancellation of a domain name licence.