RE: [ga] Domain is expiring within next 60 days , you CAN'T transfer

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Here's another scenario that could come into play with regard to why a
name may not be transferred after it has expired:
 
"The Registrar of Record may deny a transfer request only in the
following specific instances:

1.	. . . 
2.	. . .  
3.	. . .  
4.	. . . 
5.	No payment for previous registration period (including credit
card charge-backs) if the domain name is past its expiration date or for
previous or current registration periods if the domain name has not yet
expired. In all such cases, however, the domain name must be put into
"Registrar Hold" status by the Registrar of Record prior to the denial
of transfer. "

I suggest that you look at the full list of allowable reasons for not
transferring a name as well as the full list of unallowable reasons;
they can be found in Section 3 of the Transfer Policy.
 
Chuck Gomes
 
"This message is intended for the use of the individual or entity to
which it is addressed, and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. Any
unauthorized use, distribution, or disclosure is strictly prohibited. If
you have received this message in error, please notify sender
immediately and destroy/delete the original transmission." 
 


________________________________

	From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx]
On Behalf Of Gomes, Chuck
	Sent: Friday, March 30, 2007 6:31 AM
	To: kidsearch; Bashar Al-Abdulhadi; ga@xxxxxxxxxxxxxx
	Subject: RE: [ga] Domain is expiring within next 60 days , you
CAN'T transfer 
	
	
	Chris,
	 
	It's been several years when I worked on the development of the
Registrar Transfer Policy so my memory is probably not perfect but I
will try to answer your question.  One of the reasons for restricting
transfers for 60 days after a transfer occurred was to minimize
complexity of transfer dispute resolutions; if you look at the Transfer
Policy, you will see that the transfer dispute resolution process could
be greatly complicated if multiple transfers occurred within a short
period of time.  The policy requires a transfer dispute to be filed
within six months so the restriction could have been six months instead
of 60 days but that seemed excessive and it was assumed that most
disputes would occur in the first 60 days.  One reason for restricting
transfers during the first 60 days is that new registrations are
sometimes registrations of previously registered names; in cases where
there may have been an error in deleting a name, it would be much easier
to resolve the problem if it didn't also involve registrar transfers.
There was also awareness that some names were being registered by one
registrar and then shortly thereafter executing a transfer; as stated
above, this complicates any possible transfer disputes that may be
filed.
	 
	I am sure there were other reasons but these are all that come
to mind now.  I am sure registrars would be able to share others because
they deal with it everyday.  If the restrictions need changes, they
could be considered in the Transfer Policy review that apparently will
be reignited.
	 
	Chuck Gomes
	 
	"This message is intended for the use of the individual or
entity to which it is addressed, and may contain information that is
privileged, confidential and exempt from disclosure under applicable
law. Any unauthorized use, distribution, or disclosure is strictly
prohibited. If you have received this message in error, please notify
sender immediately and destroy/delete the original transmission." 
	 


________________________________

		From: kidsearch [mailto:kidsearch@xxxxxxxxxxxxx] 
		Sent: Thursday, March 29, 2007 6:25 PM
		To: Gomes, Chuck; Bashar Al-Abdulhadi; ga@xxxxxxxxxxxxxx
		Subject: Re: [ga] Domain is expiring within next 60 days
, you CAN'T transfer 
		
		
		Chuck the question is why should I not be allowed to
transfer my domain name anytime I want. Can you give me good reasons why
a registry or registrar should be able to tell users when and if they
can transfer their domain names and can you show me where this is good
for consumers?
		 
		Chris McElroy aka NameCritic
		http://www.articlecontentprovider.com
		 

			----- Original Message ----- 
			From: Gomes, Chuck <mailto:cgomes@xxxxxxxxxxxx>

			To: Bashar Al-Abdulhadi
<mailto:bashar@xxxxxxxxxxxxx>  ; ga@xxxxxxxxxxxxxx 
			Sent: Thursday, March 29, 2007 5:16 AM
			Subject: RE: [ga] Domain is expiring within next
60 days , you CAN'T transfer 

			Bashar,
			 
			In case you are not aware, the transfer policy
can be found at http://www.icann.org/transfers/
			 
			Note in particular the following exerpt in
Section 3, Obligations of the Registrar of Record:
			 
			"Instances when the requested change of
Registrar may not be denied include, but are not limited to: 

			*	. . . 
			*	Domain name registration period time
constraints, other than during the first 60 days of initial registration
or during the first 60 days after a registrar transfer."

			 
			Chuck Gomes
			 
			"This message is intended for the use of the
individual or entity to which it is addressed, and may contain
information that is privileged, confidential and exempt from disclosure
under applicable law. Any unauthorized use, distribution, or disclosure
is strictly prohibited. If you have received this message in error,
please notify sender immediately and destroy/delete the original
transmission." 
			 


________________________________

				From: owner-ga@xxxxxxxxxxxxxx
[mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf Of Bashar Al-Abdulhadi
				Sent: Wednesday, March 28, 2007 6:47 PM
				To: ga@xxxxxxxxxxxxxx
				Subject: [ga] Domain is expiring within
next 60 days , you CAN'T transfer 
				
				

				Dears,

				I noticed some registrars DENY accepting
domain transfers that are expiring within 60 days at their registrars.

				
				

				is this allowed by ICANN/registries? is
it allowed to set certain rules with the latest Transfer Policy?

				
				

				
				

				Best Regards,

				--

				Bashar Al-Abdulhadi

				CEO, KuwaitNET.net