Transfer Policy (Effective as of 1 December 2016)
Note: This document provides a summary of registrar requirements related to the Transfer Policy as stated in the link below. The summarization of terms within this document do not override or replace the terms set forth within the stated policy. Please refer to the full text of the policy to review and understand the requirements for registrars.
Full Policy at: https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en
This section covers the following:
Change of Registrant (Section II)
Definitions:
Change of Registrant - Material Change to:
Prior Registrant –registered name holder (RNH) when change is initiated
New Registrant – entity or person to whom the Prior Registrant proposes to transfer its domain name registration
Material Change - means a non-typographical correction:
Availability of Change of Registrant:
- In general, registrants must be permitted to update their registration/Whois data and transfer to other registrants freely.
- Registrar must deny request for change of registrant if:
Change of Registrant Process
(1) Confirm domain name is eligible for Change of Registrant
(2) Confirm, via secure mechanism, that New Registrant (or Designated Agent) has explicitly consented to Change of Registrant
(3) Inform the Prior Registrant (or Designated Agent) that if its final goal is to transfer the domain name to a different registrar, advised to request the inter-registrar transfer before the Change of Registrant to avoid triggering the 60-day lock described in II.C.1.2 (unless registrar gave Prior Registrant option to opt out, and Prior Registrant opted out of the 60-day lock)
(4) Confirm, via secure mechanism, that Prior Registrant (or Designated Agent) has explicitly consented to Change of Registrant
(5) Process Change of Registrant within one (1) day of obtaining the confirmations
(6) Notify the Prior and New Registrant per II.C.1.1.6
(7) Lock name (if applicable) per II.C.2
Change of Registrant process (section II.C.1.1) does not apply to following situation:
Registrar Notification to Registered Name Holder (Section II.C)
1.1.2 and 1.1.4 –
60-day Inter-Registrar Transfer Lock (II.C.2)
Registrar must impose 60-day inter-registrar transfer lock following Change of Registrant;
Registrar may offer “opt-out” option of the lock to the Prior Registrant, prior to the change of registrant request;
Registrar may not need to impose the Registrar Lock, if it offers an “opt-out” option, and the Prior Registrant has opted-out of the lock.
Inter-Registrar Transfer (Section I.A.1-4)
Transfer Authorities (Transfer Contact)
Both Administrative Contact and the Registered Name Holder (RNH) can approve or deny an inter registrar transfer request. However, In the event of a dispute, the Registered Name Holder's authority supersedes that of the Administrative Contact.
As a Gaining Registrar
When an in-bound transfer request from a Transfer Contact is received, must obtain authorization by sending out the standard English version of template FOA, "Initial Authorization for Registrar Transfer".
Registrar must receive confirmation from the Transfer Contact before moving forward.
The Gaining FOA shall expire until either one of the following conditions (Section I.A):
a. 2.2.3.1 a period of sixty (60) days has passed since the FOA was issued by the Gaining Registrar, unless the Gaining Registrar allows automatic renewal of the FOA and the Registered Name Holder has expressly opted in to the automatic renewal;
b. 2.2.3.2 the domain name expires before the inter-registrar transfer is completed;
c. 2.2.3.3 a Change of Registrant is completed further to Section II.C.
d. 2.2.3.4 the inter-registrar transfer is completed.
If the FOA expires pursuant to any one of the above, prior to submitting the "transfer" request to the registry, in order to proceed with the transfer, the Gaining Registrar must re-authorize the transfer request via a new FOA.
As a Losing Registrar
When received an out-bound transfer request from the Registry Operator, within twenty-four (24) hours, it must send out the standard English version of template FOA, "Confirmation of Registrar Transfer Request"
In the event the RNH preapproves a transfer, the Registrar has the option of sending a modified version of the FOA, which informs the RNH that the preapproved transfer has been initiated.
If the losing registrar does not receive a confirmation from the Transfer Contact, and the registrar has not explicitly denied the transfer request, after five (5) calendar days, the default action will be that the registrar must allow the transfer to proceed. It’s a default "approval" of the transfer.
The Losing Registrar MAY deny (NACK) a transfer request based on any of the following reasons: (Section I.A.3.7)
a. 3.7.1 Evidence of fraud.
b. 3.7.2 Reasonable dispute over the identity of the RNH or Administrative Contact.
c. 3.7.3 No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
d. 3.7.4 Express objection to the transfer by the authorized Transfer Contact.
e. 3.7.5 The transfer was requested within 60 days of the creation date as shown in the registry WHOIS record for the domain name.
f. 3.7.6 A domain name is within 60 days after being transferred into that Losing Registrar.
The Losing Registrar MUST deny (NACK) a transfer request in any of the following circumstances: (Section I.A.3.8)
a. 3.8.1 A pending UDRP proceeding that the Registrar has been informed of.
b. 3.8.2 Court order by a court of competent jurisdiction.
c. 3.8.3 Pending dispute related to a previous transfer pursuant to the Transfer Dispute Resolution Policy.
d. 3.8.4 URS proceeding or URS suspension that the Registrar has been informed of.
e. 3.8.5 The Registrar imposed a 60-day inter-registrar transfer lock following a Change of Registrant, and the RNH did not opt out of the 60-day inter-registrar transfer lock prior to the Change of Registrant request.