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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 sign a transfer form.

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.  If we do not know this, 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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