Re: [gnso-vi-feb10] DAGv4 is out

[Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>]

From section 2.9 of the new registry agreement:


Registry Operator must use only ICANN accredited registrars in registering 
domain names. Registry Operator and its Affiliates (or any person or entity 
acting on their behalf) shall not act as a registrar, reseller or any other 
form of distributor with respect to the TLD or any other top-level domain. 
Registry Operator must provide non-discriminatory access to registry services 
to all ICANN accredited registrars that enter into and are in compliance with 
Registry Operator’s registry-registrar agreement for the TLD. Registry Operator 
must use a uniform non-discriminatory agreement with all registrars authorized 
to register names in the TLD, whichprovided that such agreement may set forth 
non-discriminatory criteria for qualification to register names in the TLD that 
are reasonably related to the proper functioning of the TLD. Such agreement may 
be revised by Registry Operator from time to time, provided however, that any 
such revisions must be approved in advance by ICANN. This Section 2.9 shall not 
preclude Registry Operator from registering names within the TLD to itself 
through a request made to an ICANN-accredited registrar. [Registry Operator 
shall not engage or otherwise permit any registrar, reseller or any other form 
of distributor, or any of their Affiliates (or any person or entity acting on 
their behalf) to provide Registry Services for the TLD.] 
(b) Registry Operator and its Affiliates shall not, directly or indirectly: (i) 
control any ICANN-accredited registrar or its Affiliates, (ii) control or 
acquire greater than 2% Beneficial Ownership of any class of securities of any 
ICANN-accredited registrar or its Affiliates, (iii) be controlled by, or be 
under common control with, any ICANN-accredited registrar or its Affiliates, or 
(iv) except as set forth below in this sub-clause (b), sell or otherwise 
transfer any interest in any security of Registry Operator or its Affiliates to 
any ICANN-accredited registrar or its Affiliates. Nothing withstanding 
sub-clause (b)(iv) above, Registry Operator may sell voting securities to any 
ICANN-accredited registrar or its Affiliates, provided that any such sale will 
not result in such registrar or its Affiliates owning greater than 2% of 
Registy Operator's outstanding voting securities.

For the purposes of this Section 2.9: (i) “Affiliate” means a person or entity 
that, directly or indirectly, through one or more intermediaries, controls, is 
controlled by, or is under common control with, the person or entity specified, 
(ii) “control” (including the terms “controlled by” and “under common control 
with”) means the possession, directly or indirectly, of the power to direct or 
cause the direction of the management or policies of a person or entity, 
whether through the ownership of securities, as trustee or executor, by serving 
as a member of a board of directors or equivalent governing body, by contract, 
by credit arrangement or otherwise, and (iii) a person or entity that possesses 
“Beneficial Ownership” of a security includes any person who, directly or 
indirectly, through any contract, arrangement, understanding, relationship, or 
otherwise has or shares (A) voting power which includes the power to vote, or 
to direct the voting of, such security; and/or (B) investment power which 
includes the power to dispose, or to direct the disposition of, such security.] 

Stéphane


Le 1 juin 2010 à 14:06, Mike O'Connor a écrit :

> thanks Eric!
> 
> on the call, Kurt mentioned that there's also VI language in the Contract 
> section of the DAG.  for extra credit, can somebody post that to the list too?
> 
> mikey
> 
> 
> On Jun 1, 2010, at 4:44 AM, Stéphane Van Gelder wrote:
> 
>> 
>> Thanks Eric,
>> 
>> You win the prize for the fastest DAGv4 reader ;).
>> 
>> Thanks also for reminding us why this group needs to complete its work asap.
>> 
>> Stéphane
>> 
>> Le 1 juin 2010 à 11:25, Eric Brunner-Williams a écrit :
>> 
>>> 
>>> 
>>> See Page 1-17:
>>> "Restrictions on Registrar Cross-Ownership1 -- Applications will not
>>> be considered from any of the following:
>>> 
>>> 1.    ICANN-accredited registrars or their Affiliates;
>>> 2.    Entities controlling or Beneficially Owning more than 2% of any
>>> class of securities of an ICANN- accredited registrar or any of its
>>> Affiliates; or
>>> 3.    Entities where 2% or more of voting securities are beneficially
>>> owned by an ICANN-accredited registrar or any of its Affiliates.
>>> 
>>> Further, applications where the applicant has engaged an
>>> ICANN-accredited registrar, reseller, or any other form of distributor
>>> or any of their Affiliates (or any person or entity acting on their
>>> behalf) to provide any registry services for the TLD will not be approved.
>>> 
>>> “Affiliate” means a person or entity that, directly or indirectly,
>>> through one or more intermediaries, controls, is controlled by, or is
>>> under common control with, the person or entity specified.
>>> 
>>> “Control” (including as used in the terms “controlled by” and “under
>>> common control with”) means the possession, directly or indirectly, of
>>> the power to direct or cause the direction of the management or
>>> policies of a person or entity, whether through the ownership of
>>> securities, as trustee or executor, by serving as a member of a board
>>> of directors or equivalent governing body, by contract, by credit
>>> arrangement or otherwise.
>>> 
>>> A person or entity that possesses “Beneficial Ownership” of a security
>>> includes any person who, directly or indirectly, through any contract,
>>> arrangement, understanding, relationship, or otherwise has or shares
>>> (A) voting power which includes the power to vote, or to direct the
>>> voting of, such security; and/or (B) investment power which includes
>>> the power to dispose, or to direct the disposition of, such security."
>>> 
>>> Eric
>>> 
>>> 
>> 
> 
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