Malta Gaming Licence Application - Stage 1

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Malta Gaming Licence Application Process

The process for the attainment of an online gaming licence is kicked off with a three-tier examination being carried out by the Malta Lotteries and Gaming Authority as follows:

  1. Pre-application and application stage - being the subject matter of this write-up
  2. Online gaming operation - systems audit
  3. Online gaming operation - compliance audit

As regards the pre-application and application stage, firstly, an investigation is undertaken in relation to the individuals behind the online gaming project to ensure that they are fit and proper to administer and manage the online gaming operation. Secondly, an analysis of the online gaming project is carried out from a business perspective so as to assess the appropriateness and feasibility of the online gaming venture being proposed. Finally, the Malta Lotteries and Gaming Authority shifts its focus from the team of individuals behind the online gaming company and their plans for the online gaming business, to the project and the operation itself, whereby a technical assessment of the operation is carried out.

Incorporation of Malta Gaming Company

As a start, the company acting as a vehicle for the attainment of the online gaming licence must be incorporated. In this regard, Chetcuti Cauchi Advocates is able to assist you by carrying out all the necessary acts required for the formation of the online gaming company. These include the collection of documents to be submitted to the Malta Financial Services Authority and the Malta Registry of Companies; the submission of the necessary application forms and documentation to same authorities; the drafting of the constitutive documents of the online gaming company and the general liaison with the relevant authorities to ensure a smooth process and the formation of the company in a timely manner. We will also provide assistance in relation to the opening of the bank accounts and the attainment of the necessary declarations from the relevant bank for submission of same to the Malta Lotteries and Gaming Authority.

Fit and Proper Test

In order to ensure that the promoters behind the applicant company are appropriate persons and generally persons of good conduct to be part and manage an online gaming operation, the Malta Lotteries and Gaming Authority requires that certain probity checks are conducted on the personal and professional lives of these individuals. For this purpose, due diligence documentation is required to be submitted to the Malta Lotteries and Gaming Authority for its review and evaluation.

In this regard, Chetcuti Cauchi Advocates will provide you with a comprehensive guide as to which due diligence documents are required for submission to the Malta Lotteries and Gaming Authority, as well as the form in which they are to be presented. Our role also extends to assisting you in compiling these documents. A preliminary examination of these documents is carried out by us prior to submitting same to the Malta Lotteries and Gaming Authority so as to ensure completeness and correctness in the application and consequently prevent, to the maximum extent possible, the rejection and reversion of these documents by the Malta Lotteries and Gaming Authority.

Gaming Business Adequacy & Viability

From a business perspective, the Malta Lotteries and Gaming Authority require that an online gaming project plan, consisting of a comprehensive plan and financial projections for the first 3 years of the online gaming company, is submitted to it for examination. At this point, the Malta Lotteries and Gaming Authority is interested in analysing the manner in which the online gaming business is to be conducted so as to ensure that this is in line with its policies and Maltese law on online gaming, while simultaneously being a viable online gaming project. The online gaming project plan is hence positioned at the core of this exercise. Chetcuti Cauchi Advocates is able to assist you with the drafting of such plan, providing you with the guidance necessary and ensuring that the plan is in line with the requirements of the Malta Lotteries and Gaming Authority.

Gaming Business Technical Ability Assessment

With the remote gaming project plan providing the Authority with a clear view of the intentions of the applicant company, the technical documentation is required to supply the Malta Lotteries and Gaming Authority with an illustration of the manner in which such intentions are to be put into practice. In this regard, through the services that we offer and through our IT collaborators we are able to provide you with all the necessary information and guidance for successful completion of the technical ability assessment to be conducted for the prospective online gaming operation. We are also able to guide you in relation to certain important decisions which need to be made in relation to choice of software and hardware, co-location centres, payment mechanisms and website development, among other issues.

Gaming Website Content Review

Having submitted documentation describing the online gaming project plan from various angles, the applicant must also attach drafts of any terms and conditions applicable to players when making use of the online gaming services being made available to them.

With a clear picture of the gaming project being proposed in mind, Chetcuti Cauchi Advocates is able to assist you with the drafting the terms and conditions for use of the website and participation in the games; the rules and regulations relating to the games and the manner in which they are played; as well as ancillary policies to these terms and conditions such as anti-money laundering policies, privacy policies, security policies and responsible gaming policies.

Gaming Vendors & Contracts

The Malta Lotteries and Gaming Authority shall require a degree of insight into the contractual relationships and obligations that the applicant is entering into or proposes to enter into. In particular, it shall require information related to the duties and responsibilities that the company shall be taking on as well as the rights that it will be gaining through such relationships.

We are able to assist you with making sure that in any contractual relationship that the online gaming company enters into, the interest of the online gaming company are safeguarded. Our iGaming lawyers will also ensure that the contracts being entered into by the online gaming company are in line with online gaming rules in force in Malta or any policies of the Malta Lotteries and Gaming Authority.

On a general level, as part of the services for the completion of the application process, we also offer guidance with regard to certain minimum requirements which are to be met through the day-to-day operation of the business in order for your project to be fully compliant with the rules and regulations established by law as well as any directives issued by the Authority.

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