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Background

A .uk domain name can only be transferred in one of three ways:

  • Completion of our transfer process;
  • By an order made by an expert under our Dispute Resolution Service; or
  • By an order of a court of competent jurisdiction.

Where the registrant of a domain name was a company it no longer legally exists once it is dissolved, so it (and the old directors) cannot authorise a transfer.

If you are aware a registrant is a dissolved company you may wish to consider the following options:

Notify us that the registrant company has dissolved

If we can confirm that the registrant was a particular company and that the company has ceased to exist, we may cancel the domain name with a minimal or nil suspension period.  In all cases, we will send notification of our intentions to the previous registrant and web site user. If we do not know that the registrant has ceased to exist, and the domain name is cancelled for non payment, it may be suspended (registered but non-operational) for several weeks.

Obtain a court order

You should take independent legal advice before undertaking any court action, but in some cases third parties have shown that the dissolved company acted as a trustee of the domain name on their behalf.  In these cases you would obtain a Vesting Order under the Trustee Act 1925 against the Attorney General (in England & Wales).  If you intend to take this course of action you will have to show us the court papers as soon as you have them.

Registrant correction

In situations where (a) a domain name has been registered by one party; (b) it has been in the established use of a second party; (c) current policy would require the domain name to be suspended or cancelled; (d) the second party can produce evidence that they have an established use of the domain name; and (e) no party contests this, we may be able to issue a registrant correction form.

To do this you will need to:

  • demonstrate that the listed registrant is now dissolved
  • provide evidence of your established use of the domain name, this may include:
    • order forms and invoices relating to the domain name
    • evidence of historical use of the domain name e.g. historical web pages showing clear use
    • the ability to receive and respond to emails sent to an email address at the domain name
  • confirm that there is no dispute or third party claim that you are aware of
  • provide an indemnity in the event that a third party can demonstrate a claim to the name
  • pay the £30 + VAT registrant correction fee
If you believe that you are in this situation please contact Registrant Services on 01865 332244 or email
 
 
 

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