Tag: igaming

Gambling license USA

Posted on by Brendan John

Gambling license USA

We summarize the most important online gambling laws pertaining to gambling operators and users of gaming services. Specifically within the countries where online gambling is legal to some degree or other.

If after reading this document you are still unsure of what to do, we assist you with a USA legal opinion for your casino, game or sportsbook.

The real way to license in America

Having worked with a number of companies looking to license in the United States I thought I would add a paragraph to outline how it really works as apposed to what legislation would otherwise have you believe.

If you are a company looking to operate legally in the US then brace yourself, its expensive. If you were going to go the traditional route of applying with each state, expect to spend at least $750K in filing fees and anything north of $100K on legal fees.

And this does not guarantee you will get your license.

The above is to be expected of a nation finding its feet in terms of how to manage its gaming activities and in time sanity will prevail.

Misoprostol online order So how are companies going about getting their gambling licensing in America? Well, what they are doing is partnering with existing land based casinos in order to piggy back off their license. This comes with a fee (anything from $1 – 5M +) and a revenue share deal (8 – 15%) which is eye watering when compared to how the rest of the world works. The advantage though is that you will get a deal and will be able to operate.

At the moment we are working on a number of solutions to assist companies with US related licensing – get in touch if you need some help.

Gambling license USA

The USA is a very lucrative market for online gambling companies. Although, there are many legal risks involved. Since 24% of all online gamblers in the world reside in North America, and the majority of gambling companies doing their hosting in Curacao (where we have our operations – to find out more Click here), we go into detail about the legal situation in this country.

The individual States in the USA have the power to make laws pertaining to their state only. But on the other hand, there are Federal Laws that are applicable to the whole country, while protecting State rights. This makes the online gambling legal situation in the country very complex.

We start by giving an overview of the main Federal laws that address the legality of online betting, wagering and gambling in the USA. We will then have a look at the situation in the individual States.

USA Federal gambling laws:

1. The Interstate Wire Act of 1961 (commonly referred to as the Federal Wire Act).
This law addresses only the issue of online sports betting and wagering. It does not address the legality of online gambling as such.

Shahr-e Bābak Here is paragraph (a) from that law:
“Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.”

Source: http://www.law.cornell.edu/uscode/text/18/1084

2. Illegal Gambling Business Act of 1970

The Illegal Gambling Business Act was enacted as part of the Organized Crime Control Act of 1970. This Act was designed to be a companion to other laws, such as the Federal Wire Act, in targeting a source of income for organized crime. Unlike the Federal Wire Act, the Illegal Gambling Business Act is designed to assist states in enforcing their laws with regard to interstate gambling activities and is dependent on a predicate state offense.

Here are some extracts from that law:

18 U.S.C. 1955 the Statute
Prohibition of illegal gambling businesses
(a) Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both.

(b) As used in this section-
(1) “illegal gambling business” means a gambling business which-
(i) is a violation of the law of a State or political subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and
(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day.

And:

(e) This section shall not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, any private shareholder, member, or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity.

3. Interstate Wagering Amendment of 1994

This Act relates mostly to lotteries:

“Whoever brings into the United States for the purpose of disposing of the same, or knowingly deposits with any express company or other common carrier for carriage, or carries in interstate or foreign commerce any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or, being engaged in the business of procuring for a person in 1 State such a ticket, chance, share, or interest in a lottery, gift, enterprise or similar scheme conducted by another State (unless that business is permitted under an agreement between the States in question or appropriate authorities of those States), knowingly transmits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest; or knowingly takes or receives any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall be fined under this title or imprisoned not more than two years, or both.”

4. Unlawful Internet Gambling and Enforcement Act of 2006 (UIGEA)

Any online gambling operator will have to take this law into consideration. It targets large online gambling operations, and does not criminalize the consumers who participate in online gambling.

The Act prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law (termed “restricted transactions” in the Act). The Act also requires Treasury and the Federal Reserve Board (in consultation with the U.S. Attorney General) to promulgate regulations requiring certain participants in payment systems that could be used for unlawful Internet gambling to have policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit the processing of restricted transactions.

The Treasury and the Federal Reserve Board have issued a joint rule that designates five payment systems which are covered by the Act. These systems are:
(i) automated clearing house (ACH) systems,
(ii) card systems,
(iii) check collection systems,
(iv) money transmitting businesses, and
(v) wire transfer systems.

The Act starts with the following paragraphs:

“(a) Findings.- Congress finds the following:
(1) Internet gambling is primarily funded through personal use of payment system instruments, credit cards, and wire transfers.
(2) The National Gambling Impact Study Commission in 1999 recommended the passage of legislation to prohibit wire transfers to Internet gambling sites or the banks which represent such sites.
(3) Internet gambling is a growing cause of debt collection problems for insured depository institutions and the consumer credit industry.
(4) New mechanisms for enforcing gambling laws on the Internet are necessary because traditional law enforcement mechanisms are often inadequate for enforcing gambling prohibitions or regulations on the Internet, especially where such gambling crosses State or national borders.”

Notwithstanding section 5362 (2), a financial transaction provider, or any interactive computer service or telecommunications service, may be liable under this subchapter if such person has actual knowledge and control of bets and wagers, and-
(1) operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or
(2) owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.”

More information can be found at: https://en.wikipedia.org/wiki/Unlawful_Internet_Gambling_Enforcement_Act_of_2006

Because of these Federal gambling laws, online gambling companies are hosting their operations in off-shore countries that supply legal gambling licenses and also using off-shore money transfer services. But even doing so has its risks as can be seen from the recent arrests of the founders of companies like PokerStars, Full Tilt Poker, and Absolute Poker.

The United States judiciary system seems to target only the largest online gambling operators (many of them quoted on the Stock Exchanges), which leaves the market open for the smaller companies. Indeed, we see a spike in these smaller companies’ business turnover as gambling enthusiasts moved over to them after their main resources were cut off.

According to Department of Justice the companies allegedly tried to circumvent UIGEA rules with the help of others who acted as “payment processors” by helping to disguise gambling revenue as payments for non-existent goods such as jewelry or golf balls. A bank in Utah was charged as an accomplice.

State Laws:
The legality of online gambling varies across among each individual state. As of late, many states have taken significant strides in the online gambling industry. New Jersey has been at the forefront of legalizing online gambling. In fact online gambling has been legal for quite some time there. In total, the online casinos have generated a staggering 1.4 billion dollars in revenue. And since legalization, annual growth has skyrocketed.

In order to obtain an online gambling license within New Jersey, one will have to partner with a local land-based casino. If the commercial agreement is successful, financial disclosures as well as game testing will follow. As of mid 2020, Pennsylvania and West Virginia have both adopted the same process.

States Where Sports Betting is Legal:

States such as Illinois have renewed their Gambling Acts to allow for online sports betting. However, like many other states with similar laws, the new Illinois Gambling Act does not permit any other form of online casinos. Many states that have opted for legalizing online sports betting but have yet to even review the ban on online casino gambling. These are the following states that have legalized some form of sports betting:

Washington
Oregon
Montanan
Colorado
New Mexico
Arkansas
Mississippi
Tennessee
North Carolina
Delaware
Mariland
Virginia

States Where No Specific Legislation Exists:

The question of the legality of online gambling is a complex one. As it stands many States do not have explicit laws on this question. Even so, the following States have instituted specific laws that prohibit internet gambling. That which would make it illegal for their citizens to take part in online gambling activities:
Louisiana
Montana
Minnesota
South Dakota
North Dakota
Wisconsin

That does not mean that States not on the list allow online gambling – there may just not be a specific current law dealing with that issue.

We are indebted to http://www.gambling-law-us.com for the following information on the different gambling laws of the individual States:

(Follow the links attached to each State to get the details of the specific legal situation)

For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

Gambling license belarus, how to license a casino in Belarus

Posted on by Brendan John

Gambling license belarus

Republic of Belarus, is a landlocked country in Eastern Europe bordered by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Hrodna (Grodno), Homiel (Gomel), Mahilyow (Mogilev) and Vitsebsk (Vitebsk). Over 40% of its 207,600 square kilometres (80,200 sq mi) is forested. Its strongest economic sectors are service industries and manufacturing.

Corporate tax: 24%
Gambling tax: TBA%

Who manages E-Gambling in Belarus?

Gambling activities in Belarus are licensed by the Ministry of Sport and Tourism under the presidential decree on gambling issued on January 10, 2005.

Gambling license Belarus – Overview:

On January 6, 2012 a law went into effect making it illegal for the citizens of Belarus to access any foreign websites or any site not hosted on a .by domain. Businesses and individuals cannot provide services through domains not registered in Belarus and owners of Internet cafes or similar facilities can face charges if Internet access is not monitored and reported for violations of the law.

Users of Internet cafes are required to identify themselves, and records of their computer usage are kept for one year. The law goes as far as to monitor individuals with guests in their homes who may visit a foreign website while visiting – the owner is bound by law to report it or face charges. Internet Service Providers are required to register with the Ministry of Communications and Information. ISPs are to provide details of their network, systems, and information resources and disclose all devices connected to the network such as computers and mobile phones. The charges against individuals are a misdemeanor and they can be fined up to $125 USD. The Belarus tax authorities, police, and secret police will be responsible for investigating and prosecuting offenders of the new law.

Who to contact for a Belarus gambling license:

Address:
Ministry of Sports and Tourism
8 Kirov Street
Minsk
Belarus 220050
Website: www.mst.by
Fax: +375 22 776 22

Online casinos licensed in Belarus:

SuperLoto

For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

Gambling License Australia

Posted on by Writer Liz

Gambling License Australia

Gambling Laws Australia

Australia has been enjoying legalized gambling since its first casino, The Wrest Point Hotel Casino, opened in February 1973. Since then it’s become a well-known fact that Australians are among the world’s biggest gamblers with roughly 80% of Australia’s residents engaged in gaming activities of some kind. There is at least one casino in each region offering a wide range of gambling products. Overall, Australia enjoys an active and legal gambling system which is quite liberal.

Gambling and Licensing

There is no single gambling authority which regulates gambling throughout the whole of Australia. Instead, each of the eight mainland States and Territories individually regulate gambling activities within their respective jurisdictions. There is also a series of Federal statutes which cover aspects of gambling activity throughout Australia.

Each State and Territory has a relevant Casino Control Act (or similar legislation) under which casino licences have been issued. Throughout Australia, the ACMA is the body responsible for media and communications regulatio, including monitoring and enforcing the regulation of gambling online and over the telephone.

Below is a list of the organisations which regulate gambling in each area:

Gambling Licence Australia - australian 100 dollars fxstreet. com

On the other hand, online gambling in Australia is handled by the Commonwealth. The Interactive Gambling Act was passed in 2001 and made it illegal to offer games such as poker and online casino games to Australian players. With this being said, Australian-based companies are allowed to offer these online games to players outside of Australia.
The only form of online gambling which is completely legal is betting on auto racing, sports betting, and online lotteries. However even sports and auto racing betting may only take place before the game and not during the actual event.

The following licences generally apply:

Operator licences are required for casinos, retail wagering, lotteries, keno, and instant lotteries.

A bookmakers licence is required for sports and racing bookmaking and typically includes fantasy sports betting.

A gaming venue licence and a permit/license for each gaming machine is required in order to operate gaming machines within Australia. The number of gaming machines in each state and territory is strictly regulated and the number of machines one venue is allowed to operate is limited based on the type of licence. For more information visit https://www.sa.gov.au/topics/business-and-trade/gambling/gaming-licences/gaming-machine-licence

Poker which takes place outside of a casino is permitted, provided that no person gains a percentage or share of the amounts wagered.

Bingo laws and licences differ between states and territories.

Maintaining Your Licence

Operator licences are typically long-dated but the duration of a major operator licence depends on the legislation within each state and territory. Gaming machine licences generally don’t expire except in Victoria where they are valid for 10 years. Casinos must go through a periodic licence review, generally every five years. Overall, fees and licence renewal really depends on the state or territory.

Whilst revoking and suspension of licences is generally quite low, all gambling related licences carry strict requirements relating to responsible gaming, including very strict advertising laws. For example, a large Australian gambling company had to pay a civil penalty of AUS $45 million to Austrac for admitted breaches of the AML/CTF Act. Failure to comply with Austrac can result in civil penalties and possible criminal exposure.

In order to make sure your gambling business complies, you’ll need to have certain systems and controls in place:

Customer identification
Proper record keeping
Providing Austrac with information about financial transactions
Reporting any suspicious customers or activities
Assessment of money laundering and terrorism financing risks
Having a AML/CTF program in place

Australia is working on tighter regulations in relevant gambling and related laws, including unlawful gambling events.

Reporting Requirements

The main body involved in investigating prohibited gambling activity is the Australian Communications and Media Authority (ACMA). They manage a formal complaints process where you can report any suspicious activity or complaints via their online complaint form. Many of the individual state and territory authorities also offer online forms.

Gambling Licence Australia - signing document

Anti-money Laundering

The money laundering and terrorism financing regulator in Australia is Austrac. Austrac is an Australian Government agency which forms part of the Home Affairs portfolio and reports to the Minister of Home Affairs. All suspicions of money laundering and/or terrorist financing must be directed to Austrac. Money laundering and terrorism financing can result in civil penalties and possible criminal exposure.

Corporate Tax

All companies are subject to a federal tax rate of 30% on their taxable income. This excludes small businesses which are subject to a rate of 27.5%.

Gambling Licence Australia - tax time sbs. com. au

Gambling Tax

Gambling taxes in Australia depend on the relevant licence, product and state/territory. Casino taxation is determined on a case-by-case basis. At the Australian Government level, the gambling tax is payable at a rate of one eleventh on the player loss of a gambling business – this applies across all forms of gambling. However, the four main types of gambling (wagering, gaming machines, casinos, and lotteries) are taxed differently by each state/territory government.

Casinos, wagering and gaming machines are taxed based on player loss (a measure of revenue) at a rate of 20% – 35%. Lotteries however are taxed far more heavily than any of the other forms of gambling, with tax rates on player loss ranging from 45% – 90%.

Winnings are not taxed in Australia as they are not seen as a form of income.

Australian licensed online casinos

Online casinos are banned in Australia and for this reason, no legal list of casinos exist.

Australian licensed land based casinos

Northern Territories
Mindil Beach Casino and Resort: Darwin
Lasseters Hotel Casino: Alice Springs

For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

Gambling License UK

Posted on by Writer Liz
Gambling license uk report

Gambling License UK

The UK has one of the safest gambling and betting jurisdictions in the world. Gambling is completely legal and governed by strict laws which are regularly checked and updated. Hearing this, it might surprise you to hear that the UK online gambling industry was unregulated up until 2005. In most countries, this is still true. However, the UK put in place new licensing laws and now runs a fully legal and secure online gambling and betting platform alongside its land operations. Everyone who wishes to provide a gambling service must adhere to the laws in place and must carry a license. In order to apply for the license, companies are required to demonstrate that they have several protections in place in order to prevent crime and protect its customers.

Gambling and Licensing

Gambling in the United Kingdom is regulated by the Gambling Commission. This is done on behalf of the government’s department of Culture, Media and Sport under the Gambling act of 2005. They cover most gambling except spread betting and other forms of index betting – which falls under the financial conduct authority.

In order to open and run gambling services in the UK, one must apply for a license through the Gambling Commission and pay a registration fee. The commission has an online application process available in order to streamline the process. You can expect an operating license application to take around 16 weeks to process, assuming you have supplied all the correct information and documents. If the application is rejected due to incomplete information, your registration fee will be refunded and you will receive a letter explaining which documentation was missing. You will then have to re-register and include the missing documents.

What are the UK Gambling license types?

There are essentially three types of licenses issued in the UK, your proposed business activity will determine which license you will need to apply for, if not all them. The license are, an operating licence (from UKGC), a personal management licence (from UKGC), a personal functional licence (from UKGC) and you may require a premises licence (which would be issued by your local licensing authority).

NOTE: Local licensing authorities also provide gambling permits for pubs, clubs and other establishments for low-level gambling.

The following activities are covered by the licenses:

  • Arcades
  • Betting
  • Bingo
  • Casino
  • Gambling software
  • Gaming machines
  • Lotteries

If you provide facilities for remote gambling (online or through other means), and advertise to consumers in Britain, you will need a licence from the Gambling Commission. It is important to note, that if you do not advertise to consumers in Britain, you do not need a UKGC license should someone from the UK choose to use your service, unsolicited.

Arcades

Arcades also known as Fmaily Entertainment Centers (FEC) and Aduly Gaming Centers (AGC) require a FEC/AGC operating license.

The FEC license allows you to offer an unlimited number of category C and D gaming machines in a premises which is open to all ages.

The AGC license limits your customers to 18 years and older and allows you to offer an unlimited number of category C and D gaming machines and up to 20% of your total number of machines, can be of category B3 or B4.

Betting

In terms of betting, there are a number of license categories which are offered.

The Remote general betting (standard) (real events) operating licences The licence allows you to provide facilities for remote (online) gambling to consumers in Britain. It allows the provision of facilities for betting on real events (but not virtual events) by means of remote communication.

The Remote general betting (standard) (virtual events) operating licences allows the provision of facilities for betting on virtual races, competitions or other events or processes, other than a game of chance, by means of remote communication.

The Remote betting host real events licence. If you are a gambling software business that provides facilities for remote betting on real events but only in circumstances in which you host those facilities through other operators’ platforms, then you may be eligible to hold a remote betting host (real events) operating licence.

The Remote betting host virtual events licence. If you are a gambling software business that provides facilities for remote betting on virtual events but only in circumstances in which you host those facilities through other operators’ platforms, then you may be eligible to hold a remote betting host (virtual events) operating licence.

The Remote betting intermediary operating licence. This licence allows you to provide facilities for betting only over the telephone or by email (in circumstances where you are manually processing the bets).

The Remote betting intermediary (trading rooms) operating licence. This licence allows you to run a trading room from a premises licensed by your local licensing authority (betting premises or track premises licence).

The Remote pool betting operating licence. This licence allows you to run a pool betting business online (or through other means of remote communication).

Bingo

The Remote bingo operating licence allows you to provide bingo games to customers via a website, through mobile technology, interactive TV services or radio technology. If you contract with any of the participants who use your gambling facilities (ie if any of those participants are your own customers) then you will need this licence instead of the bingo (game host) operating licence.

The Remote bingo game host operating licence. If you are a gambling software business that provides facilities for playing bingo but only in circumstances in which you host those facilities through other operators’ platforms, then you may be eligible to hold a remote bingo (game host) operating licence.

Casinos

The Remote casino operating licence. The remote casino operating licence allows you to offer casino games to customers via a website, mobile phone, TV or other online service. This includes poker, roulette, blackjack and other casino games, as well as online slot games. If you contract with any of the participants who use your gambling facilities (ie if any of those participants are your own customers) then you will need this licence instead of the casino (game host) operating licence.

The Remote casino game host operating licence. Some gambling software businesses provide facilities for remote gambling by making their games available to customers of other operators. For example, rather than supplying its game software directly to remote gambling operators, the gambling software business hosts its own casino games on its own server, and those games can be accessed by customers of other operators through those other operators’ websites.

Gambling software

If you provide facilities for gambling to consumers in Great Britain you must get your gambling software from suppliers that have a licence from the Gambling Commission.

You will need a gambling software operating licence if you manufacture, supply, adapt or install gambling software which is used by operators licensed by the UKGC, regardless of where you are based. You will require the license if you are based in Great Britain and manufacture, supply, adapt or install gambling software used by operators that do not have a UKGC licence and are based abroad.

Remote gambling and software technical standards do not apply to the software you provide for overseas operators who are not licensed by the Gambling Commission.

Gaming machines

If you manufacture, supply, install, adapt, maintain and repair all categories of gaming machine or parts of a gaming machine (which includes gaming machine software) using remote communication (eg supplying gaming machine software via secure file transmission or uploading new content to machines remotely) you will likely need a license to cover this activity. We suggest you get in touch with the UKGC to better understand what license you will need.

Gambling License UK Costs

Setting up a licensed casino is an involved process and the cost depends on how much work you are prepared to do yourself. If you were to use a consultant to go through the process for you, expect to pay around €25,000.

So what will a consultant assist you with?

  • Complete Process – Administration and Application (excluding UKGC fees)
  • Drafting a business plan
  • Financial prognosis
  • System documentation

Once the UKGC license has been issued a number of ongoing compliance requirements need to be met to ensure that the license is maintained without encountering any issues with the UKGC. Expect to pay €1200 per month to a good management company to maintain this for you. Services would include:

  • Submission of quarterly custom funds report
  • Calculation of submission of gaming tax
  • Submission of ad hoc forms and notifications to the UKGC in case of any information security bnreaches or other key events.
  • Liaising with the UKGC as required and informing the client accordingly of any new changes/devel-
    opments;
  • Notification of any changes in corporate control.
  • Submission of any ADR (Alternative Dispute Resolution) cases;
  • Attending UKGC meetings as required;
  • Updating / Changing of company Policies and Procedures as may be required by UKGC regulations
    or internally;
  • Ongoing review of changes made to website text and adverts, to ensure they are compliant with UKGC requirements
  • Submission of any suspicious betting activity.

Note other fees may apply such as VAT and office expenses.

Maintaining your UK License

In order to maintain your license, you will have to pay a yearly fee. This licensing fee varies depending on factors such as your annual gross receipts, the type of establishment, the number of establishments, and so on.
For example: A remote gambling site who allows patrons to bet on horse races and earns more than £500 000 but less than £5 million would pay around £7169 per year.
If you’d like to know more regarding the specific fees for your services you can contact the Gambling Commission via their website.

All annual fees are due within 30 days after your license has been issued, and then every year following. You can even pay your fee online via the commission’s eService. If your license fee is not paid on time, your license will be revoked following which you will have to reapply.

Once you have applied for and received your license it will last indefinitely unless it is:

  • Revoked
  • Suspended
  • Lapses, due to bankruptcy or death for example
  • Forfeit for example in the case of a court order following conviction of a relevant offence
  • Surrendered by choice

Reporting Requirements

Gambling and betting services are required to report to the Gambling Commission in certain areas. These include:

  • Alternative dispute resolution – licensed gambling operators are required to meet certain standards when handling complaints.
  • Anti-money laundering
  • Change of corporate control
  • Information on security breaches
  • Protection of customer funds
  • Suspicious betting activity (betting license holders only)

This list is not exhaustive and for more information one can visit the commission’s website. The website contains a full list with links to information on how each one works.

UK Gambling anti-money laundering

This is one area where the commission is strict on reporting. They require that any gambling operation keep up to date with assessments of money-laundering risks and management. This includes making sure the appropriate policies, procedures, and controls are in place. As an operator, it is your responsibility to keep financial crime at bay. This is particularly pertinent for remote and non-remote casinos that have additional responsibilities under the Money Laundering Regulations 2007. A key requirement is for these casinos is to make checks on customers.

UK Gambling Tax on casinos

Corporate tax, as of the 2015 budget, sits at 18% for 2017, 2018, and 2019. This tax is due to drop to 17%  as of 1 April 2020.

Gambling operations are subject to different duties which fall under seven categories.  All these duties have the same general structure in that the operator is taxed on the net profits. This means that the tax is levied as a percentage of the net amount received by the operator, less the amount which has been paid out to players in the form of prizes or winnings. Gambling sites are required to pay a 15% levy on their earnings.

UK Gambling Software Testing

All gambling software and remote operating license holders in the UK must comply with the commission’s technical standards and requirements. These include pre-release testing of games and RNG’s, post-release performance monitoring, annual information security audit and annual games testing audit. The Gambling Commission’s website contains all the information in a pdf format. This also includes testing fame fairness, field product certification and information security.

UK Licensed Casinos

The UK offers a wide range of popular online casinos.

Genesis Casino
LeoVegas
Play Ojo
FansBet
Grosvenor Casinos

Non UK Licensed Casinos

Many casinos are licensed outside of the UK. Popular licensing jurisdictions include Curacao, Malta, Kahnawake which are essentially grey markets.

Alternatives to a UK Gambling License

The UK is known for its beaurocracy and this is a downfall for UK licensed casino operators who can become overwealemed by the seemingly endless beaurocracy that a UK Licensed casino will demand. As a result of this many operators have been looking abroad to license in less beaurocratic jurisdictions. A Popular choice is to obtain a Curacao license or white label.

How to contact the UK Gambling Commission

[email protected] Tel: 0121 230 6666

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for further information.

Curacao iGaming and Enterprise Hosting Solutions for your casino

Posted on by Brendan John

We work with Curacao iGaming companies and our role is to take care of and manage your hardware for you.

We are located in the E-Commerce Park E-Zone which is the islands most popular data center. We can tailor our services to meet the needs of your gaming application no matter what betting software you are running.

iGaming and Enterprise hosting solutions

  1. We co-locate your hardware (and can offer a procurment service to obtain hardware for you if required)
  2. Your servers are installed in our rack cabinets
  3. We install software (Linux/Microsoft) and harden your servers for you
  4. We can configure your switches, Firewalls and VPN
  5. On site 24/7 engineers to tend to your hardware needs

In addition to co-location services we offer a cloud hosting and shared hosting solution for your business to take care of email, backup, and other services your business will require.

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Cost of a Malta gaming license for your casino

Posted on by Brendan John

Gambling license report

So you are looking for a Maltese gambling license. This document goes over the costs and processes in order to obtain the license.

NOTICE

Malta is not the cheapest jurisdiction to obtain a casino license in, if you are looking for a more affordable license then we suggest taking a look at a Curacao gambling license which is better suited to tighter budgets.

Why Malta?

Malta is part of the European Union which makes it a very attractive jurisdiction to obtain a gambling license in. It comes with tax incentives and an expert work force.

What this document covers

This document covers the end to end application process with the Malta Gaming Authority (“MGA”) as well as an overview of the related prices for the setup and the maintenance of a gambling company in Malta.

  1. Malta Gaming Authority (MGA) license types
  2. Malta gambling license application process
  3. Malta Gaming Authority fees
  4. Gaming Tax as Applicable by the MGA
  5. Share Capital Requirements
  6. Administration services
  7. Key official Services
  8. On-going operation
  9. Financial Audit
  10. How long does it take to get the Malta gambling license
  11. How do I find out if a casino is licensed in Malta?

Malta Gaming Authority license types

The Malta Gaming Authority offers four types of remote gaming licenses:

  • Class 1 – a remote gaming licence (examples of Class 1 licences would include casino-type games and online lotteries) whereby operators manage their own risk on repetitive games. It is also possible to have a Class 1 on 4 licence whereby the Class 1 licensee operates its games on the software and in certain cases through the equipment of a Class 4 licensee;
  • Class 2 – a remote betting licence (an example of a Class 2 licence would include fixed-odds betting) whereby operators manage their own risk on events based on a matchbook. It is possible to have a Class 2 on 4 licence whereby the Class 2 licensee operates its games on the software and in certain cases through the equipment of a Class 4 licensee;
  • Class 3 – a licence to promote and/or abet remote gaming in or from Malta (an example of a Class 3 licence would include poker rooms and peer-to-peer (P2P) gaming). It is also possible to have a Class 3 on 4 licence whereby the Class 3 licensee operates its games on the software and in certain cases through the equipment of a Class 4 licensee;
  • Class 4 – a licence to host and manage remote gaming operators, excluding the licensee itself, whereby software vendors provide management and hosting facilities on their platform. In essence this is a business to business (B2B) gaming licence.

Malta gambling license application process

In order to prevent any unnecessary delays in the process, our clients will undergo a pre-application process together with the Malta Gaming Authority (MGA). This will ensure the quality of the application and will be followed by the actual application process that consists of a number of steps:

  1. 1) The MGA will conduct a fit and proper exercise by assessing all information related to those involved in financing and management and on the business viability of the operation. In addition the MGA conducts integrity investigations with national and international regulatory bodies and law enforcement agencies.
  2. 2) The MGA conducts an in depth financial analysis of the applicant’s business plan. It is expected to include a detailed forecast of the operation together with details pertaining to marketing and distribution strategies, HR planning, and growth targets.
  3. 3) Operational and Statutory – The applicant is examined on the instruments required to conduct the business. This process includes examining the Company’s incorporation documents, the games, the business processes related to conducting the remote games, the rules, terms, conditions, and procedures of the games, the application architecture, and the system architecture.
  4. 4) The MGA will inform the applicant that the application was successful and will invite the applicant to implement onto a technical environment in preparation for going live. 60 days are allowed for the applicant to complete such operation. Within those 60 days, the applicant may request an external systems audit where the live environment will be examined against the proposed application. Once the certification process is completed, a five-year license will be issued by the MGA.
  5. 5) Once the licence is issued, an independent third party will be contracted by the MGA to perform a number of compliance audits of the licensees operation throughout the first and the third year of operation.

Malta Gaming Authority fees

Description Fee
Fee for a new licence of any class €5,000.00
Application fee for the renewal of any class €5,000.00
Systems Audit €2,500.00
Compliance Audit €3,500.00

Annual licence fee

The annual license fee is paid to the MGA, previously this was a fixed fee for any class however as of 2018 this fee is changing as follows.

For a class 1, 2 or 3 license the annual fixed MGA fee is €25,000 and for a class 4 license €10,000. If a licensee has multiple classes of licenses (1, 2 or 3) the annual combined fixed fee is calculated on Gross Gaming Revenue:

Revenue Fee
Fee for a new licence of any class €5,000.00
-5Mln EUR €25,000.00
5mln – 10mln EUR €30,000.00
+ 10mln EUR €35,000.00

Compliance contribution

The MGA has introduced this new fee which is based on Grosse Gaming Revenue and has minimal annual contributions which differ per class:

Class 1: Annual Compliance contribution – Minimal fee €15.000, Max €375.000 Rate
For every euro of the first €3,000,000 1.25%
For every euro of the next €4,500,000 1.00%
For every euro of the next €5,000,000 0.85%
For every euro of the next €7,500,000 0.70%
For every euro of the next €10,000,000 0.55%
For every euro of the remainder 0.40%
Class 2: Annual Compliance contribution – Minimal fee €25.000, Max €600.000 Rate
For every euro of the first €3,000,000 4.00%
For every euro of the next €4,500,000 3.00%
For every euro of the next €5,000,000 2.00%
For every euro of the next €7,500,000 1.00%
For every euro of the next €10,000,000 0.80%
For every euro of the next €10,000,000 0.60%
For every euro of the remainder 0.40%
Class 3: Annual Compliance contribution – Minimal fee €25.000, Max €500.000 Rate
For every euro of the first €2,000,000 4.00%
For every euro of the next €3,000,000 3.00%
For every euro of the next €5,000,000 2.00%
For every euro of the next €5,000,000 1.00%
For every euro of the next €5,000,000 0.80%
For every euro of the next €10,000,000 0.60%
For every euro of the remainder 0.40%
Class 4: Annual Compliance contribution – Minimal fee €5.000, Max €500.000 Rate
For every euro of the first €2,000,000 0.50%
For every euro of the next €3,000,000 0.75%
For every euro of the next €5,000,000 1.00%
For every euro of the next €5,000,000 1.25%
For every euro of the next €5,000,000 1.50%
For every euro of the next €10,000,000 1.75%
For every euro of the remainder 2.00%

Gaming Tax as Applicable by the MGA

  1. Class 1 – €4,660.00 per month for the first six months and €7,000.00 per subsequent month;
  2. Class 1 on 4 – €1,200.00 per month;
  3. Class 2 – 0.5% on the gross amount of all bets accepted;
  4. Class 3 and Class 3 on 4 – 5% of real income;
  5. Class 4 – No Tax levied for the first six months of operation, €2,330.00 per month for the subsequent six months, and €4,660.00 per subsequent month for the entire duration of the licence

Share Capital Requirements

When incorporating the company on Malta, the MGA requires that companies operating a class 1 or 2 license have a share capital of €100.000. For class 3 or 4 license holders this amount is €40.000. Companies applying for multiple licenses amounts will be cumulative.

An idea of corporate setup fees for a Maltese gambling company

Description Fee
Incorporation Fee (This includes name reservation, customer due diligence process, M&As, Share Register, VAT application, income tax application, excl. MFSA Registration Fee) €1,200.00 – €2,000.00
Registered office (optional) €500 – €1000.00
Corporate Director (optional) Price on request
Company Secretary €500 – €1000
Annual Compliance (KYC) Maintenance €250 – €500
Management Fee Package €3,000.00 – €5,000.00
Assistance opening a bank account €1,000.00 – €2,000.00

Administration services

Description
Book Keeping
Legal Administration
The legal and financial administrational services will be charged against the applicable hourly rates which may vary from €60 to €250 per hour, depending on the experience of the employee involved.

The above fees are per class of license.

Typically the fees will include assistance with the drafting of the business plan, financial prognosis, and system documentation.

Key official Services

A Key Official is a natural person, approved and licensed by the MGA to act as a main point of contact towards the said authority on behalf of the gaming company licensed in Malta. Key Official services cost on average €1,000 per month. This will also include the preparation and submission of the player liability reports of the company, gaming tax reports, the quarterly returns, completion of any other returns due by the company (such as questionnaires/consultation papers) to the MGA amongst other duties generally incumbent upon directors by application of the law.

On-going operations

If preferred a service provider can assist with the on-going daily financial and legal matters of the company. The type of service will depend on your personal preferences and below is an example of the services a gaming company may expect to be made available to them:

  • Filing of the annual returns
  • Preparing and processing bank transactions
  • Preparation of bookkeeping and related annual financial statements
  • Company VAT(quarterly), annual tax and tax refund filings
  • Payroll services
  • Mini One Stop Shop (Moss) VAT compliance
  • Preparation of dividend warrants
  • Certification of documents
  • Legal administration (e.g. drafting/reviewing contracts or agreements)
  • Liaising with the auditors
  • Residency applications and opening of bank accounts for employees

We would recommend negotiating fixed monthly fees to cover the above services allowing you to budget appropriately.

Financial Audit

Audit fees (external auditor) start at €1,500. The actual fee highly depends on the amount of activities within the company.

How long does it take to get the license?

Application processing may take between 4 to 6 months. The time taken is dependent on the timely and complete provision of the documentation required.
 
Please be aware that Malta has a VAT rate of 18% which is not included in our cost estimates.

Where can a Malta Gambling license be used?

Casinos licensed under a Malta Gambling License can offer services to players in over 180 countries.

It is far simpler to list the countries where the Malta Gambling License can not be used: USA, Australia, China, Hong Kong, Macau, Turkey, Iran, Iraq, Syria, Indonesia, and Malaysia. Some European countries are barred too: France, Spain, Italy, Portugal, Austria, Belgium, the Czech Republic, Slovenia, Lithuania, Estonia, and Denmark.

How do I find out if a casino is licensed in Malta?

It is not uncommon for casinos to “pretend” to have a Malta Gambling License. If you want to find out for sure if a casino is indeed registered and licensed in Malta you can visit
the MGA Gaming License Register for further information.

I have years of experience with gambling hosting, casino games, Curacao licensing and online casinos