Domain Names (Web Site Addresses)
One novel aspect of the expanding volume of
Bona Vacantia cases is that the QLTR now deals in domain names (ie web site addresses) which belonged to dissolved Scottish companies.
Below is the text of Guidance on domain names which the QLTR Unit sends out to members of the public who enquire about such acquisition.
Relevant info required by QLTR for specific inquiry
- Company Name
- Company Number
- Domain Name
1. This document contains information about domain names on which you may wish to take professional advice. The information is provided for guidance only. The QLTR reserves the right to depart from this guidance and may disclaim the name or allow the registration to lapse, without prior notice.
2. Where a company has been dissolved its extant property and rights (but not its liabilities) vest in the Crown as bona vacantia. If the company's last registered office was in Scotland, the QLTR is the Crown's nominee for dealing with its domain names but only those registered in the UK as "…….co.uk." or " …. .org.uk". (Domain names ending in "……. com" are registered in the USA.) For the name to have vested as bona vacantia the company must have beneficially owned the name (i.e. not held it on behalf of another party at the time it was dissolved). The name must also have been registered prior to 25 October 2004 and not have been renewed since that date.
3. The QLTR Unit will make enquiries of Nominet UK, the registration authority for the UK, to confirm that the company was the registered owner of the domain name and for the QLTR's interest in the name to be noted by Nominet. (Nominet UK has a very helpful and detailed website -
http://www.nominet.org.uk./)
4. If the name has vested in the Crown, the QLTR will dispose of it either by way of sale or disclaimer, or will allow its registration to lapse.
5. Depending upon the date on which the company was dissolved, it could be restored to the Companies Register and the name would automatically re-vest in the restored company. Before making any decision as to disposal, the QLTR Unit may therefore enquire whether the former members of the dissolved company intend to restore the company.
6. To sell a domain name, the QLTR will normally set a minimum price of £250. In addition to the agreed purchase price, the purchaser will also be required to pay the QLTR's legal costs of £250 and any outlays.
7. The QLTR may advertise the domain name for sale in the National press or elsewhere, but such advertisement does not commit him to sell it.
8. If the name is sold, subsequent registration is dealt with by the purchaser. A transfer form will be supplied by
Nominet UK to the QLTR for this purpose. The purchaser is also responsible for the transfer of registration fee (and any outstanding renewal fees).
9. The QLTR Unit is located in Edinburgh and can be contacted at 0844 5613805 or 0844 5613804 or by fax on 0844 5614276.
10.
The QLTR gives no express or implied warranty regarding the ownership of the name or the validity of the transfer of the name to the purchaser.
QLTR UNIT, CROWN OFFICE, 25 CHAMBERS STREET , EDINBURGH , EH1 1LA
June 2006