Hi Gert,
I do actually think that would be a good option, yes.
Alternatively, the NCC should require all or multiple LIR contacts to confirm the request, or at the very least allow specific persons at the LIR to make them only. Ideally, this would mimic the requirements for execution of a contract by the company
(not on its behalf as would be usual for most contracts). These may differ by country (and potentially even by company based on its articles), so the notary option is the easiest way to do this. For most companies, this would likely mean signatures from at
least two directors or a director's signature plus a seal or stamp.
If this is indeed done via notary the procedure would be fairly simple indeed. The NCC already accepts notarized statements in many cases (in fact I have had to make a sworn statement at a notary for a transfer request in the past) and is already equipped
to verify them. If that isn't possible for a specific country or notary, the NCC can also request an apostille which is generally easy to verify.
The transfer lock can have severe financial impact on an LIR and there is a significant risk of it being abused. There must be safeguards against this. The other problem is of course, as Alex raised, that if whatever method the NCC used is found by a court
to not actually be binding on the company, the NCC may be subject to legal liability for refusing a transfer request under it.
—
Maria Merkel
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