Gaming Licence Requirements

Subject to the fulfillment of certain Malta gaming licence requirements, any person, be it a natural person or a body corporate may acquire a licence from the Malta Gaming Authority. In the latter case, it is important that body corporate is established in the European Economic Area.

Typically, an integral part of the acquisition of a gaming licence from the Authority will be the incorporation of a Maltese company which will hold the licence. In fact, many applicants opt to incorporate a Maltese company given the various attractive tax benefits which the Maltese jurisdiction offers.

Gonzi & Associates, Advocates, together with its related company, GA Corporate, may assist with the incorporation of a Maltese company.

As the main objects within the company’s Memorandum & Articles of Association (or other instrument constituting or defining the constitution of the company which will hold the licence) should be the operation of gaming services.

Gonzi & Associates, Advocates can assist in the drafting of your company’s Memorandum & Articles of Association.

A licensee is subject to minimum issued and paid-up share capital gaming requirements. The minimum share capital requirement depends on the licence being applied for and in the case of a gaming service licence, further depends on the game type.

• Type 1 – Minimum €100,000
• Type 2 – Minimum €100,000
• Type 3 – Minimum €40,000
• Type 4 – Minimum €40,000
• Critical Gaming Supply Licence – Minimum €40,000

Companies with multiple type approvals are required to meet the above share capital requirements cumulatively up to a minimum capping of €240,000.

The Malta Gaming Authority will conduct an analysis of the applicant’s financial suitability for holding a gaming licence and carrying on gaming operations under said licence. In this regard, the applicant will be expected to submit a business plan with a three (3) year forecast which will include a marketing & sales plan, a forecast statement of comprehensive income and a forecast statement of financial position, a forecast statement of cash flows and a financing plan.

The Authority must be satisfied that the resources, budgets, investments and financial backing are substantial enough to significantly sustain the business venture.

The applicant is examined on the instruments required to conduct the business. Thus, the applicant will need to have in place the following documents which are to be presented to the Malta Gaming Authority at application stage:

• Incorporation documents
• Documentation providing information on the games and the business processes related to conducting the games and the rules, procedures and terms & conditions of every game, policies, procedures and technical documentation of both the gaming and control system.

Gonzi & Associates, Advocates can assist with the drafting of most of the abovementioned documents.

Every applicant is required to appoint a number of key persons to be responsible for carrying out an important function, role or task in connection with the gaming service or gaming supply.

The key persons must pass a ‘fit and proper’ test involving probity investigations of the individual to satisfy that such person is capable of holding that specific position within the gaming company. The Authority must also be satisfied that said person has the requisite qualifications and/or experience in the relevant field.

Key persons must necessarily be natural persons but need not be employees of the licensee.

The applicant must have in place agreements with business partners and third-parties which are necessary for conducting its business. The Malta Gaming Authority will require oversight over the applicant’s business relations and ensure that it has already made the necessary business connections and relationships it will need to begin its gaming operations. Such contracts include contracts with payment systems/gateways, with software providers, with parent, group of affiliated companies.