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RE: [registrars] Transfer Process Points

I think that Bhavin makes a very good point about defining a list of
apparent authority personnel.  The current ICANN and registry contracts and
concensus policies DO NOT define "apparent authority" - that's the whole

We can limit it to registrant and administrative contact, and still allow
for indirect apparent authority per Louis' clairification, as described by
Mike: "If there was a contractual provision in the ISP subscription
appointing the ISP as an agent/attorney-in-fact for registrar sponsorship,
this would be acceptable as apparent authority. Simple contractual language
absent this agent/attorney-in-fact language would not be sufficient to
convey apparent authority to an ISP. Notwithstanding, the gaining registrar
would still have to provide existence of this documentation to the losing
registrar if requested."

Mike - since your resolution states that the transfers document can be
amended at any time, why don't we propose this as an amendment to the
document for a separate vote?

Thanks, Elana

-----Original Message-----
From: Bhavin Turakhia [mailto:bhavin.t@directi.com]
Sent: Monday, September 24, 2001 12:08 PM
To: ross@tucows.com; Larry Erlich
Cc: Registrars List
Subject: RE: [registrars] Transfer Process Points

> > it helps spread a unified message to all customers that the
> admin contact
> > and registrant have apparent authority to transfer a domain and
> therefore
> > they should be careful with what they put in those fields.
> So then how do you deal with my situation? I very definitely have the
> authority to change registrars on behalf of Tucows but I am not the Admin
> Contact.

the number of people who may actually be authorised to do this transfer
maybe many, however it is essential we stick with the admin cotnact and
registrant lets say. if you have the authority to do the shift iu am pretty
sure you have enuf authority to contact the current admin contact and get
him to approve the transfer.

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