Example: A company wishes to transfer its domain names to a new holder. However, the company discovers that it is not listed as the registered domain holder. According to the registry, the domain names are registered to a company in Malta. Further investigation reveals that the registered address, company name and VAT registration number are all invalid or cannot be verified. What should the registrar do?
In this case, the registered domain holder appears not to exist. If the information in the registry is found to be incorrect, or if there is uncertainty about who the actual domain holder is, the registrar may need to carry out an overall assessment to determine who holds the rights to the domain names and is therefore authorised to request a change of holder.
The assessment may include the following:
Who has paid for and used the domain names over time?
What do the other contact details indicate?
Is there any historical information supporting a claim to the domain names?
Are there invoices, purchase agreements or other documents indicating who holds the rights to the domain names?
If there is sufficient evidence to identify the actual domain holder, the registrar may correct the information in the registry and retain the supporting documentation. Once the information has been corrected, a change of holder may be carried out in accordance with the applicable procedures.
See Appendix 7 of the Registrar Agreement.
