Dear Kim

Well, it seems to me that if the ABN has changed the legal entity (or
natural person) who owns the business name is a new legal person.  There has
in fact been a physical change of ownership.  For example,

XYZ Pty Ltd ACN 123 123 123 
XYZ Pty Ltd ACN 234 234 234
XYZ Pty Ltd ACN 123 123 123 trading as My Business Name
XYZ Pty Ltd ACN 234 234 234 trading as My Business Name

are not the same legal entity.  They all have differing ABN's and would be
controlled by different legal entities.

With the new Corporations Law (of the early 1990's) the legal name of an
entity include the ACN (Aust Coy Number).  So, XYZ Pty Ltd is really XYZ Pty
Ltd ACN 123 123 123 and is a totally different company from XYZ Pty Ltd ACN
234 234 234.

So, one can have two companies with identical names (XYZ Pty Ltd) but that
in reality are totally independent legal entities.  This resulted from
companies previously being incorporated in States whereas there is now a
national registry.  So, there could be a XYZ Pty Ltd (inc in NSW) and XYZ
Pty Ltd (inc in ACT).  Same name, different legal entities.

There needs to be clarity about who actually holds the domain name not
simply the business name (which is not a legal entity) associated with it's
registration for the DNS system.

Peace

Shane  











-----Original Message-----
From: dns-bounces+lists=odea.net§dotau.org
[mailto:dns-bounces+lists=odea.net§dotau.org] On Behalf Of David Jones
Sent: Thursday, 4 January 2007 12:25 PM
To: .au DNS Discussion List
Subject: Re: [DNS] Transfer of Domains

Hi Kim,

What I was questioning is why can't the ABN be changed
if the registrant is still the same business who has
simply changed their ABN. Then there would be no
renewal fees or paperwork involved. It would be the
same as changing a phone number. After all the
registrant hasn't changed, only the ABN.

DJ

--- Kimberley Lowton <klowton&#167;netregistry.com.au>
wrote:

> Hi David,
> 
> The only fee from auDA to change the registrant of a
> domain is the fee for a
> new 2 year registration.
> 
> When the registrant of a domain is changed the
> existing domain registration
> is cancelled, and a new 2 year registration is
> issued.
> 
> In order to process the registrant name change,
> registrars must abide by the
> Registrant Transfer policy set by auDA
> (http://www.auda.org.au/policies/auda-2004-03/).
> 
> As the policy states, it is the responsibility of
> the registrar to ensure
> that both the current and proposed new registrants
> are eligible to transfer
> the licence, and to ensure that the statutory
> declaration has been completed
> and is valid. Registrars must then apply to the .au
> registry for the change
> to be made, and wait for approval. Once approval
> comes through, most
> registrars will then have administration within
> their own management systems
> to ensure that the new registrant is able to manage
> the domain under a new
> account, etc.
> 
> Changing ownership details of a .au domain is not
> quite as simple as "just
> updating a number" as you infer. While the actual
> registry cost may not be
> high, the administrative cost of performing the
> change properly in line with
> policy is substantial, which is generally reflected
> in the overall price
> that most registrars will charge.
> 
> 
> - Kim Lowton
> 
> 
> -----Original Message-----
> From:
> dns-bounces+klowton=netregistry.com.au&#167;dotau.org
>
[mailto:dns-bounces+klowton=netregistry.com.au&#167;dotau.org]
> On Behalf Of David
> Jones
> Sent: Thursday, 4 January 2007 11:06 AM
> To: .au DNS Discussion List
> Subject: Re: [DNS] Transfer of Domains
> 
> I can't see why a fee should be involved for a
> simple
> change of ABN number if all other details remain the
> same ie business name, ARBN etc. 
> 
> Isn't the domain registered to the business not to
> the
> ABN. ABNs can change quite easily.
> 
> If auDA insists on charging a fee for change of ABN
> then registrants should be made aware that if they
> register the name under the ABN then if they change
> their ABN they will be liable for a fee. That way
> registrants would be more inclined to register a
> domain under the ACN or ARBN which would not change.
> 
> DJ
> 
> 
> 
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