Applicant Evaluation: submitting an application on behalf of a yet-to-be-formed entity

[Amadeu Abril i Abril <amadeu.abril@xxxxxxxxxxx>]

Both in the 2000 and 2004 rounds it was possible to submit an application in 
name and on behalf of a yet-to-be-formed entity. In this case, the checks and 
evaluations were performed on the submitting entities, while the future 
Registry had to be defined in all terms, but not yet prove legal existence.

We are unsure whether this is possible under the current DAG. Nothing 
explicitly excludes it, but we would appreciate if ICANN could confirm this 
point.

For the record, we would like submitting two examples where this makes complete 
sense:

Community-based, non-for-profit entities wishing to form a Foundation or 
another type of entity where the funds are not at all recoverable in case of 
dissolution. It would be very irresponsible for the adminstrators of the 
participating entities to establish and fund a new entity for the sole purposes 
of managing a given TLD before ICANN approves it (or even before ICANN 
publishes any final plan and timeline). Foundations, for instance, have 
relativly high funding demands, and once the money is granted to the Foundation 
there is absolutely no way to give it back to the founders, even in case of 
necessary dissolution for cause of lack of object. The funds in that case would 
go to the public authorities charged with their supervision. Under these 
circumstances, no Board or Management should devote funds to such an entity, 
until its object is somehow certain (ie, passing ICANN evaluation).
Similarly, a number of local public administrations are considering applying 
for their city TLD. They might establish a specific agency/entity to manage it, 
but under most public regulations, they are not allowed to establish, fund and 
staff an entity without a verifiable purpose. 

So we ask ICANN to clarify, besides the requirements for the applying entity, 
the required documentation regarding the future designated registry, on behalf 
of which the application is submitted.

Amadeu Abril i Abril
CORE Internet Council of Registrars