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Requirements to perform a COR

Discussion in 'General Domain Discussion' started by asantha, Jan 8, 2015.

  1. asantha

    asantha Membership: Community

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    Hi I bought a domain recently - Now I am having trouble to perform the change of ownership, because the owner had an expired ABN. (but the domain did not receive any complaint or it was not in policy delete). and when I tried to do COR registrar telling me that seller should have a valid ABN to do the transfer :(

    so it seems like one and only way to change the ownership is to drop the domain,, and bid on drop catchers,,, and waste $1000 which I paid to the seller
     
  2. FirstPageResults

    FirstPageResults Membership: VIP

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    auDA Member:
    Yes
    Which registrar?

    If it's not one of the DNT sponsors, then transfer the domain to one of those more COR friendly ones.
     
  3. asantha

    asantha Membership: Community

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    synergy wholesale :(
     
  4. FirstPageResults

    FirstPageResults Membership: VIP

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    auDA Member:
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    Seems odd. I would have thought that since you are changing the entity it wouldn't have matterED.

    Maybe someone can explain why that's the case. Doesn't sound like a policy requirement (although I may be wrong about that)
     
  5. Mick

    Mick Membership: Community

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    If the existing registrant no longer exists (eg. cancelled ABN/ACN, etc. ) then no one is able to provide authority to approve the COR from the existing registrant to the new registrant.
    auDA policy states that: "the current registrant of the domain name is entitled to transfer the domain name licence to the proposed new registrant;"
    In this case the ABN is no longer active so the registrant isn't entitled to transfer the domain license.
     
    FirstPageResults likes this.
  6. Joel

    Joel Membership: Community

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    There are obviously some policy instances in which you won't be able to do a COR in which case you might be out of luck. Best to check with your registrar of choice - it may have to be done manually.
     
  7. FirstPageResults

    FirstPageResults Membership: VIP

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    I see, that makes sense.

    Out of curiosity, in these circumstances (regardless of intention to do a COR) can the current registrant rectify this in any way other than restoring the expired ABN?
     
  8. Mick

    Mick Membership: Community

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    If the existing registrant has a sale agreement for the existing assets to the new registrant then that is suitable for the COR to be performed. You could also have the domain updated if the registrant was incorrect at the time of registrant (eg. registered using a web designers details, etc).
     
  9. Jayclara

    Jayclara Membership: Community

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    Hope you have successfully completed COR. I am in the same situation, not sure what to do.
     
  10. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
    Yes
    Speak to auDA about the issue, I'm sure if both parties are cooperative (proof of negotiation) and legit (not a fake ABN) then auDA can direct the registry to release it.
     
  11. findtim

    findtim Membership: VIP

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    i did one for a client a few years , it was a little different as the domain wasn't reg to an abn but a very old vic BN so it wouldn't process, so we produced a signed deed of sale on letterhead !!!! i can't recall finer details.
    i suspect there are MANY domains that still have the pre-asic state BN attached and you just don't find them until you want to do something with them.

    tim
     
  12. Jayclara

    Jayclara Membership: Community

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    Thanks for advice. I called auda, they said it is not a problem. If is is ACN get cancelled, this might become an issue. Feeling much better now
     
  13. Shane

    Shane Membership: VIP

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    I had a similar issue with a business I bought. I just had to provide a copy of the sales agreement (as Mick mentioned above) and it was all sorted.

    The domains were with Netregistry, who I don't generally use, but they were quite helpful throughout the process.

    The issue came to my attention when someone lodged a complaint for those domains after the seller's ABN was cancelled! I had changed the contacts, but missed the actual COR on a couple of names.
     
  14. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
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    Common sense would suggest that even if the ACN were cancelled then the Registrant (holder of the domain name) would only need to provide proof that they were the owner(s) / Director(s) of the company (prior to ACN cancellation) and that should be enough to commence a COR transfer. I think it only costs a couple of bucks for them to get their own company director details from ASIC
    http://www.asic.gov.au/online-services/search-asics-registers/search-fees/

    Let us know how you go Jay
     
  15. Jayclara

    Jayclara Membership: Community

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    It is all done in a day, didn't provide any additional documents. I was over worried.
     
    Scott.L, eBranding.com.au and Scott7 like this.
  16. Scott.L

    Scott.L Membership: Trader

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    Just a side note: Prior to buying a domain name it is always a good practice to check the trademark registry just to be sure...;) you wouldn't want a domain name that is trademarked under the same 'class' as your own business. (hypothetically, if it is, and its with the same owner, you would have a good bargaining argument (buy the trademark), if not, then you may have a very good argument to withdraw the transaction before its done).
    https://search.ipaustralia.gov.au/trademarks/search/quick