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.
The Dispute Resolution Service cannot be used as the contract of registration that existed between us and the registrant ended when the dissolution took place.
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.
In situations where (a) a domain name has been registered by one party; (b) a domain name 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 complete a dissolved registrant correction process.
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
- complete an online correction process, which will cost £30 plus VAT.
In cases where you are claiming more than one domain name from a single dissolved company, we may be able to issue a separate correction form. Please note that a mass correction is charged at £60 plus VAT.
If you believe that you need to use our dissolved registrant correction process, please contact Customer Services on 01865 332244 or email email@example.com