ORDER №182
ON THE PROCEDURE FOR TRANSFERRING THE RIGHTS OF AN INDIVIDUAL ENTREPRENEUR TO ADMINISTRATE A DOMAIN NAME REGISTERED IN THE NATIONAL DOMAIN ZONE TO A COMMERCIAL ORGANIZATION CREATED BY ITS

REGULATION
ON THE PROCEDURE FOR TRANSFERRING THE RIGHTS OF AN INDIVIDUAL ENTREPRENEUR TO ADMINISTRATE A DOMAIN NAME REGISTERED IN THE NATIONAL DOMAIN ZONE TO A COMMERCIAL ORGANIZATION CREATED BY ITS

1. This Regulation defines the procedure for the transfer of rights of an individual entrepreneur to administer a domain name registered in the national domain zone to a commercial organization created by its, established by one person.

2. For the purposes of this Regulation

the terms are used in the meanings defined in the Instructions on the registration of domain names in the national domain zone, approved by order of the Operative and Analytical Center under the President of the Republic of Belarus dated June 18, 2010 No. 47 (hereinafter referred to as the Instructions);

a commercial organization means a commercial organization created by an individual entrepreneur in accordance with the Law of the Republic of Belarus "On Amendments to Laws on Entrepreneurial Activity";

a lower-level domain is a domain name of the third or any of the subsequent levels.

3. In order to transfer the rights to administer a domain name <*>, the owner of which in the centralized database of domain names registered in the national domain zone, including their owners (hereinafter referred to as the database), is an individual entrepreneur who has created a commercial organization (hereinafter referred to as an individual entrepreneur), such a commercial organization submits to the registrar an application for the transfer of rights.

An application for transfer of rights is submitted by a commercial organization within one year fr om the date of its state registration, but within the validity period of the domain name registration.

In order to exercise the powers of the owner of a domain name, a commercial organization has the right to submit to the registrar the applications provided for in the Instructions after entering information about the new owner of the domain name into the database.

Paragraph 26 of the Instruction does not apply to cases of exclusion of an individual entrepreneur from the Unified State Register of Legal Entities and Individual Entrepreneurs in connection with the state registration of a commercial organization.

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* In paragraphs 3 - 7 of this Regulation, a domain name means a second-level domain name.

4. An application for transfer of rights is submitted in writing.

An application for the transfer of rights may be submitted electronically through the system of interdepartmental electronic document management of state bodies of the Republic of Belarus, or by sending an electronic message via e-mail from the e-mail address of an individual entrepreneur entered into the database, or in another way, provided that the registrar provides multi-factor (using two or more factors) authentication of the applicant, as well as recording the network address used to submit the application.

5. The application for transfer of rights shall indicate:

information about the commercial organization - full name, location (postal address), information about state registration (registration number, name of the body that carried out state registration, date of registration), payer identification number, email address, contact telephone number, last name, first name, patronymic (if any) of the director;

the domain name in relation to which the transfer of rights is being processed.

The application for the transfer of rights by a commercial organization may also indicate the lower domain(s) corresponding to the second-level domain name, the owner of which, according to the database, is an individual entrepreneur.

6. The registrar, no later than three working days from the date of receipt of the application for transfer of rights, verifies the information specified therein with the information from the Unified State Register of Legal Entities and Individual Entrepreneurs (including from the list of registered commercial organizations posted on the web portal) and, if it matches, enters information about the new owner of the domain name into the database. In this case, the mutual rights and obligations of the parties under the domain name registration agreement continue to operate taking into account the change in the owner of the domain name.

If, according to the database, an individual entrepreneur also acts as the owner of a lower-level domain(s) corresponding to the second-level domain name, the registrar enters into the database information about the new owner of such lower-level domain(s).

If the information specified in the application for transfer of rights does not correspond to the information from the Unified State Register of Legal Entities and Individual Entrepreneurs (including from the list of registered commercial organizations posted on the web portal), the registrar notifies the commercial organization of the refusal to enter information about the new owner of the domain name into the database.

7. When the registrar sends a reminder, in accordance with part two of paragraph 22 of the Instructions, about the expiration of the agreement for registration of a domain name, the owner of which is indicated in the database as an individual entrepreneur, the reminder also explains the procedure for transferring rights to administer the domain name.

8. If an individual entrepreneur is listed in the database as the owner of a lower-level domain who has entered into an agreement with the owner of a second-level domain name to ensure the functioning of the lower-level domain, in order to transfer the rights to administer the lower-level domain, the commercial organization sends the owner of the second-level domain name a notice of the need to change the information entered into the database (hereinafter referred to as the notice).

The notification must be sent by a commercial organization to the owner of a second-level domain name within one year from the date of its state registration, but within the validity period of the registration of the lower-level domain (taking into account the time required for the subsequent submission by the owner of the second-level domain name to the registrar of an application to change the owner of the lower-level domain in accordance with part three of this paragraph).

The owner of a second-level domain name, no later than the business day following the day of receipt of the notification, shall submit to the registrar an application to change the owner of the lower-level domain, in which he/she shall indicate the lower-level domain and information about the commercial organization to the extent specified in the second paragraph of part one of paragraph 5 of this Regulation.

An application to change the owner of a lower-level domain is submitted by the owner of the second-level domain name to the registrar in writing.

An application for a change of ownership of a lower-level domain may be submitted electronically through the system of interdepartmental electronic document management of state bodies of the Republic of Belarus, or by sending an electronic message via e-mail from the e-mail address of the owner of the second-level domain name entered into the database, or in another way, provided that the registrar provides multi-factor (using two or more factors) authentication of the applicant, as well as recording the network address used to submit the application.

A copy (electronic copy) of the commercial organization's notification is attached to the application for change of ownership of the lower-level domain.

The registrar, within two business days from the date of receipt of the application for a change in the owner of the lower domain, verifies the information specified therein with the information from the Unified State Register of Legal Entities and Individual Entrepreneurs (including from the list of registered commercial organizations posted on the web portal) and, if it matches, enters information about the new owner of the lower domain into the database. In this case, the mutual rights and obligations of the parties under the agreement to ensure the functioning of the lower domain continue to apply, taking into account the change in the owner of the lower domain.

If the information specified in the application for a change of ownership of a lower-level domain does not correspond to the information from the Unified State Register of Legal Entities and Individual Entrepreneurs (including from the list of registered commercial organizations posted on the web portal), the registrar notifies the owner of the second-level domain name of the refusal to enter information about the new owner of the lower-level domain into the database.

9. The fulfillment of obligations under the agreement for registration of a second-level domain name related to entering into the database information about the new owner of the domain name - a commercial organization, is carried out by the registrar taking into account the provisions of part five of paragraph 18, paragraph 21 of the appendix to the Law of the Republic of Belarus "On Amendments to Laws on Entrepreneurial Activity".

10. Failure to submit to the registrar, on the expiration date of the registration of a domain name, the owner of which is indicated in the database as an individual entrepreneur (including in the case wh ere such date occurs earlier than the expiration date of one year from the date of state registration of a commercial organization), documents and information necessary for formalizing the transfer of rights to administer the domain name to a commercial organization, shall be grounds for the registrar to cancel the registration record of this domain name due to the expiration of the registration.

The presence in the database, after one year from the date of state registration of a commercial organization, but during the validity period of the domain name registration, of information that the owner of the corresponding domain is an individual entrepreneur, is recognized as a violation of the procedure for registering domain names and entails the adoption of response measures provided for by the Instruction.

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