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Malta - iGaming Regulations,
Licensing & Compliance Services
www.acumum.com | info@acumum.com | Skype: acumum
A Fiscally Competitive Jurisdiction | Single Application |
Efficient, Accessible Regulator
Why Malta?
As the first EU jurisdiction to welcome gaming - back in
2000 - Malta is an established, well reputed jurisdiction in
which to start, relocate, or be based in order to expand
your gaming operations.
Since then, a whole industry has been built around the
gaming industry with numerous suppliers, online
payment providers, an advanced communications
infrastructure. and a multi—lingual workforce
An ex-British colony, English is an official language - but
this is just one of many languages of the highly skilled
work-force .
Its strategic location in the Mediterranean allows for
access into the rest of the EU. Part of the Eurozone, the
currency is Euros; decreasing currency risk.
The Malta Lotteries &
Gaming Authority
(LGA), is a single
regulator, providing a
consistent, efficient
point of contact for all
applications and
ongoing relationships.
Malta
A full EU member
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
The Process
The LGA has in place a singular application process for
registration of iGaming operations. On successful
completion, a gaming license is granted for 5 (five)
years; subject to on- going compliance.
Pre-Application
It is highly usual and we strongly advise that preliminary
discussions take place with the LGA before formal
application. We can advise and prepare you as to
what matters will be required to be disclosed in the
discussions or, if you prefer, discuss your situation
directly with the LGA.
Application
Part of the LGA’s determination of whether to grant a
licence or not, is whether the applicant:
 Fit & proper to conduct gaming business.
Assessment of and enquiries with third parties in
respect of persons involved in the management
and financial operations of the business will be
undertaken.
 Is correctly prepared from a business strategy
perspective. The business plan of the proposed
operations will be analysed. Sufficient and detailed
information needs to be submitted along with
forecasts and strategies.
 Has the operations & statutory requirement to meet
the legal obligations expected by Maltese law.
Examination of the legal foundation, terms and
conditions and procedures will be looked at, as
well as the application & system architecture
The LGA undertakes that the assessment of stages 1- 3
should be completed within 12—16 weeks.
Your Business is Global… So Is Our Advice
Description of Classes
Class 1: Casino games, lotteries, slots Class 2: fixed odds,
pool betting
Class 3: Poker, betting exchanges, skins, tournaments,
bingo
Class 4: Provision of remote gaming platform to other
licensees (B2B)
Classes 1 on 4, 2 on 4, or 3 on 4 for hosted operations
Acumum - Leaders in Gaming & Intellectual Property
Geraldine Noel, Managing Partner - granted the 1st ever virtual trademark by the United States Patent & Trademark Office (USPTO)
Schengen Area (EU) | Schengen Area (Non—EU) |
Will implement later | EU State outside of Schengen
The Schengen area allows for free movement of
persons within its borders and includes the territory of
the following 26 European Union countries and
associated countries:
Austria, Belgium, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary,
Iceland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherland, Norway, Poland,
Portugal, Slovakia, Slovenia, Spain, Sweden,
Switzerland.
Bulgaria, Cyprus, Ireland, Romania and the United
Kingdom do not participate in the Schengen
cooperation.
The Key Official Requirement
Undertaking core compliance and reporting
responsibilities, the Key Official is an essential function in
every gaming operation.
Acumum can assist you by recommending a pre –
authorised Key Official, or if you wish to nominate such a
person within your own operations, can assist that
person in achieving Key Official status, including:
 Guiding you through the regulatory requirements of
the decommissioning or installation of hardware,
addition of new games or partners, changes in the
stakeholders of your operations, or other incidents
that may occur within the gaming system or your
operations
 Helping you in the preparation of the financial
reports that must be submitted to the AML from time
to time
The importance of the role of a Key Official cannot be
emphasised enough; his or her duties include:
 Sealing of servers, ensure that the seals are not
broken and reporting to the LGA if they are and
subsequently re-sealed
 System review / certification of compliance
 Incident reports – within 24 hours the LGA must be
notified of any changes made to either the
hardware or software of the gaming company by
signing and submitting the Incident reports
 Keeping the LGA updated of in respect of any
changes to be made, to the pre-approved set-up of
the authorised gaming operations
 Monthly submission of gaming tax and annual
gaming li-cense fee
 Submission of the gaming licensee’s management
accounts alongside the annual audit financial
statements
 Monthly reports ensuring players’ funds are securely
and adequately held by the gaming licensee at all
times – both at the control and bank account levels
 Data protection compliance as a data processor
 Submission of National Statistics
Shared Gaming Operations
Many operators find it beneficial
to share business operations.
Subject to review of the joint-
venture agreements by the LGA,
Malta rules allow for such
economies of scales and co-
operation between business
parties. Submission to the LGA of
both the joint-venture agreement
and business plan must occur.
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
Maintaining Malta’s reputation as a trusted, reputable
gaming jurisdiction is in everyone’s interest. After all—
being licensed by a reputable jurisdiction, results in
added customer confidence and thereby additional
revenue for you.
Compliance Audits
Ongoing compliance audits undertaken by the LGA at
a fixed market cost (see Administrative Fees below), are
an integral feature in ensuring that Malta’s reputation as
a trusted gaming jurisdiction is retained. Audits take
place:
 After 1st year of operation
 On third year of operation
 Upon significant changes to the gaming system
At the discretion of the LGA upon suspicion of (i) failure
to abide by regulations, operational nature of the
license or, (ii) misconduct.
Financial & Operating Activity Reporting
As part of on-going compliance and in conjunction with
the assistance of the Key Official, a number of reports
must be filed with the LGA:
 Incident reporting
change requests to infrastructure, upgrades &
maintenance of gaming equipment
 Decommission
to obtain LGA approval to remove or move the
gaming equipment
 Yearly audited accounts
providing a comprehensive overview of the
gaming company’s operations and finances
 Monthly reports as follows:
Gaming tax report
Gaming logs
Player balances in the gaming system
Players bank account statements
Anti-Money Laundering (AML) & Know Your
Customer Requirements (KYC)
Malta takes its responsibility to and position within the
global prevention of terrorist and criminal activities
seriously.
All prospective and licensed gaming holders must
comply at all times with appropriate AML and KYC
requirements and procedures. The LGA must be
provided with all necessary due diligence documents in
respect of its key officials, directors and shareholders.
Acumum can assist you in establishing, documenting
and maintaining sufficient and appropriate compliance
processes and manuals:
 Role & Responsibilities of the Key Official
 Role & responsibilities of the Money Laundering
Reporting Officer (MLRO)
 Human Resources Roles & Responsibilities
 Payout management procedure
 Fraud Management Procedures
 KYC & AML procedures
Acumum’s experienced gaming lawyers, consultants &
account-ants, can assist you at every stage of the
process.
Accounting & Back Office
Acumum can provide you with full back office services
 Preparation & submission of accounts & tax
statements & reports
 Provision of virtual office services: registered office,
answering customer calls
For more information, please contact us.
Malta - Income Tax - 15%
For senior employees - holding certain titles, employed
under a qualifying contract, with gaming operations
licensed with the LGA, Malta’s income tax has been
reduced to just 15% for those earning over €78, 207
(ordinarily 32% at progressive tax bands). The reduction
of income tax applies for a period of 5 years and is one
of the lowest income tax rates within the EU.
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
Malta - A Fiscally Competitive Jurisdiction
Malta’s competitive tax regime provides for an effective corporate tax rate of only 5% - one of the lowest rates
within the EU, following tax credits and refunds. A Malta limited company (LTD) is the most popular trading and
holding vehicle for gaming operators.
Administrative Fees € - Euros € - EUROS
Application Fee for new license € 2,330
System Audit - Paid in advance for the
execution by LGA’s approved third
party certifiers / auditors
€ 1,770
Yearly Licence Fee € 8,500
Application fee for Renewal of Licence € 1,500
Approval Fee for Transfer or
Assignment of Licence
€ 1,500
Approval of Share Transfer - Payable
upon approval
€ 1,500
Approval of Simple Contractual
Commercial Agreements Per year, per
contract; total amount not exceed
€30,000 per year
€ 70
Approval of Complex Joint Venture
Agreements - Predetermined
administrative hourly fee, agreed prior
to starting approval process
Compliance Audit—Paid in advance for
the execution by LGA’s approved third
party certifiers / auditors
€ 2,500
Taxes € / % Duration
Class 1 Licence 4,660 First 6 months
7,000 Per month during
licence period
Class 1 Licence operating on a
hosting platform in possession
of a Class 4 Remote Gaming
Licence (Class 1 on 4)
1,200 Per month during
licence period
Class 2 Licence 0.5% Of gross amount of
accepted bets in
remote betting
operations
Class 2 Licence operating on a
hosting platform in possession
of a Class 4 Remote Gaming
Licence (Class 2 on 4)
0.5% Of gross amount of
accepted bets in
remote betting
operations
Class 3 Licence 5% Of real income
Class 3 Licence operating on a
hosting platform in possession
of a Class 4 Remote Gaming
Licence (Class 3 on 4)
5% Of real income
Class 4 Licence hosting and
managing other remote gaming
operators
0 First 6 months
2,330 Per month for next 6
months
4,660 Per month during
licence period
Class 4 licensee hosting &
managing an operator not in
possession of the relevant Class
1, 2 or 3 licence, however
hosting an EEA licensed Business
to Consumer operator
1,165 Per month per
operator, paid by the
Class 4 Licensee
Maximum remote gaming tax
per licensee per each
remote gaming licence
466,000 Per year
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
Malta’s International Legal & Advisory Firm
Uniquely local. Uniquely International.
Located in the EU tax efficient jurisdiction of Malta, Acumum Legal & Advisory employs
Maltese, UK, & international lawyers & tax accountants - with extensive on-location & off-shore
international experience. Providing appropriate, cost effective, bespoke solutions.
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com | Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
Aviation | Corporate Services | Estate & Wealth Management
Financial Services | Gaming | Intellectual Property
Maritime & Yacht | Residence & Citizenship
Trusts & Foundations| Tax Structuring
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
Guidance Purposes Only 2014

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Malta Gaming - Remote Gaming Fact Sheet - How to Set Up a Gaming Operation

  • 1. Malta - iGaming Regulations, Licensing & Compliance Services www.acumum.com | info@acumum.com | Skype: acumum A Fiscally Competitive Jurisdiction | Single Application | Efficient, Accessible Regulator
  • 2. Why Malta? As the first EU jurisdiction to welcome gaming - back in 2000 - Malta is an established, well reputed jurisdiction in which to start, relocate, or be based in order to expand your gaming operations. Since then, a whole industry has been built around the gaming industry with numerous suppliers, online payment providers, an advanced communications infrastructure. and a multi—lingual workforce An ex-British colony, English is an official language - but this is just one of many languages of the highly skilled work-force . Its strategic location in the Mediterranean allows for access into the rest of the EU. Part of the Eurozone, the currency is Euros; decreasing currency risk. The Malta Lotteries & Gaming Authority (LGA), is a single regulator, providing a consistent, efficient point of contact for all applications and ongoing relationships. Malta A full EU member Excellence | Superb Client Service | Cost Efficient info@acumum.com | www.acumum.com Skype ID: acumum Malta Office: +356 2778 1700 260 Triq San Albert, Gzira, GZR 1150, Malta (EU) The Process The LGA has in place a singular application process for registration of iGaming operations. On successful completion, a gaming license is granted for 5 (five) years; subject to on- going compliance. Pre-Application It is highly usual and we strongly advise that preliminary discussions take place with the LGA before formal application. We can advise and prepare you as to what matters will be required to be disclosed in the discussions or, if you prefer, discuss your situation directly with the LGA. Application Part of the LGA’s determination of whether to grant a licence or not, is whether the applicant:  Fit & proper to conduct gaming business. Assessment of and enquiries with third parties in respect of persons involved in the management and financial operations of the business will be undertaken.  Is correctly prepared from a business strategy perspective. The business plan of the proposed operations will be analysed. Sufficient and detailed information needs to be submitted along with forecasts and strategies.  Has the operations & statutory requirement to meet the legal obligations expected by Maltese law. Examination of the legal foundation, terms and conditions and procedures will be looked at, as well as the application & system architecture The LGA undertakes that the assessment of stages 1- 3 should be completed within 12—16 weeks. Your Business is Global… So Is Our Advice Description of Classes Class 1: Casino games, lotteries, slots Class 2: fixed odds, pool betting Class 3: Poker, betting exchanges, skins, tournaments, bingo Class 4: Provision of remote gaming platform to other licensees (B2B) Classes 1 on 4, 2 on 4, or 3 on 4 for hosted operations Acumum - Leaders in Gaming & Intellectual Property Geraldine Noel, Managing Partner - granted the 1st ever virtual trademark by the United States Patent & Trademark Office (USPTO)
  • 3. Schengen Area (EU) | Schengen Area (Non—EU) | Will implement later | EU State outside of Schengen The Schengen area allows for free movement of persons within its borders and includes the territory of the following 26 European Union countries and associated countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherland, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland. Bulgaria, Cyprus, Ireland, Romania and the United Kingdom do not participate in the Schengen cooperation. The Key Official Requirement Undertaking core compliance and reporting responsibilities, the Key Official is an essential function in every gaming operation. Acumum can assist you by recommending a pre – authorised Key Official, or if you wish to nominate such a person within your own operations, can assist that person in achieving Key Official status, including:  Guiding you through the regulatory requirements of the decommissioning or installation of hardware, addition of new games or partners, changes in the stakeholders of your operations, or other incidents that may occur within the gaming system or your operations  Helping you in the preparation of the financial reports that must be submitted to the AML from time to time The importance of the role of a Key Official cannot be emphasised enough; his or her duties include:  Sealing of servers, ensure that the seals are not broken and reporting to the LGA if they are and subsequently re-sealed  System review / certification of compliance  Incident reports – within 24 hours the LGA must be notified of any changes made to either the hardware or software of the gaming company by signing and submitting the Incident reports  Keeping the LGA updated of in respect of any changes to be made, to the pre-approved set-up of the authorised gaming operations  Monthly submission of gaming tax and annual gaming li-cense fee  Submission of the gaming licensee’s management accounts alongside the annual audit financial statements  Monthly reports ensuring players’ funds are securely and adequately held by the gaming licensee at all times – both at the control and bank account levels  Data protection compliance as a data processor  Submission of National Statistics Shared Gaming Operations Many operators find it beneficial to share business operations. Subject to review of the joint- venture agreements by the LGA, Malta rules allow for such economies of scales and co- operation between business parties. Submission to the LGA of both the joint-venture agreement and business plan must occur. Excellence | Superb Client Service | Cost Efficient info@acumum.com | www.acumum.com Skype ID: acumum Malta Office: +356 2778 1700 260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
  • 4. Maintaining Malta’s reputation as a trusted, reputable gaming jurisdiction is in everyone’s interest. After all— being licensed by a reputable jurisdiction, results in added customer confidence and thereby additional revenue for you. Compliance Audits Ongoing compliance audits undertaken by the LGA at a fixed market cost (see Administrative Fees below), are an integral feature in ensuring that Malta’s reputation as a trusted gaming jurisdiction is retained. Audits take place:  After 1st year of operation  On third year of operation  Upon significant changes to the gaming system At the discretion of the LGA upon suspicion of (i) failure to abide by regulations, operational nature of the license or, (ii) misconduct. Financial & Operating Activity Reporting As part of on-going compliance and in conjunction with the assistance of the Key Official, a number of reports must be filed with the LGA:  Incident reporting change requests to infrastructure, upgrades & maintenance of gaming equipment  Decommission to obtain LGA approval to remove or move the gaming equipment  Yearly audited accounts providing a comprehensive overview of the gaming company’s operations and finances  Monthly reports as follows: Gaming tax report Gaming logs Player balances in the gaming system Players bank account statements Anti-Money Laundering (AML) & Know Your Customer Requirements (KYC) Malta takes its responsibility to and position within the global prevention of terrorist and criminal activities seriously. All prospective and licensed gaming holders must comply at all times with appropriate AML and KYC requirements and procedures. The LGA must be provided with all necessary due diligence documents in respect of its key officials, directors and shareholders. Acumum can assist you in establishing, documenting and maintaining sufficient and appropriate compliance processes and manuals:  Role & Responsibilities of the Key Official  Role & responsibilities of the Money Laundering Reporting Officer (MLRO)  Human Resources Roles & Responsibilities  Payout management procedure  Fraud Management Procedures  KYC & AML procedures Acumum’s experienced gaming lawyers, consultants & account-ants, can assist you at every stage of the process. Accounting & Back Office Acumum can provide you with full back office services  Preparation & submission of accounts & tax statements & reports  Provision of virtual office services: registered office, answering customer calls For more information, please contact us. Malta - Income Tax - 15% For senior employees - holding certain titles, employed under a qualifying contract, with gaming operations licensed with the LGA, Malta’s income tax has been reduced to just 15% for those earning over €78, 207 (ordinarily 32% at progressive tax bands). The reduction of income tax applies for a period of 5 years and is one of the lowest income tax rates within the EU. Excellence | Superb Client Service | Cost Efficient info@acumum.com | www.acumum.com Skype ID: acumum Malta Office: +356 2778 1700 260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
  • 5. Malta - A Fiscally Competitive Jurisdiction Malta’s competitive tax regime provides for an effective corporate tax rate of only 5% - one of the lowest rates within the EU, following tax credits and refunds. A Malta limited company (LTD) is the most popular trading and holding vehicle for gaming operators. Administrative Fees € - Euros € - EUROS Application Fee for new license € 2,330 System Audit - Paid in advance for the execution by LGA’s approved third party certifiers / auditors € 1,770 Yearly Licence Fee € 8,500 Application fee for Renewal of Licence € 1,500 Approval Fee for Transfer or Assignment of Licence € 1,500 Approval of Share Transfer - Payable upon approval € 1,500 Approval of Simple Contractual Commercial Agreements Per year, per contract; total amount not exceed €30,000 per year € 70 Approval of Complex Joint Venture Agreements - Predetermined administrative hourly fee, agreed prior to starting approval process Compliance Audit—Paid in advance for the execution by LGA’s approved third party certifiers / auditors € 2,500 Taxes € / % Duration Class 1 Licence 4,660 First 6 months 7,000 Per month during licence period Class 1 Licence operating on a hosting platform in possession of a Class 4 Remote Gaming Licence (Class 1 on 4) 1,200 Per month during licence period Class 2 Licence 0.5% Of gross amount of accepted bets in remote betting operations Class 2 Licence operating on a hosting platform in possession of a Class 4 Remote Gaming Licence (Class 2 on 4) 0.5% Of gross amount of accepted bets in remote betting operations Class 3 Licence 5% Of real income Class 3 Licence operating on a hosting platform in possession of a Class 4 Remote Gaming Licence (Class 3 on 4) 5% Of real income Class 4 Licence hosting and managing other remote gaming operators 0 First 6 months 2,330 Per month for next 6 months 4,660 Per month during licence period Class 4 licensee hosting & managing an operator not in possession of the relevant Class 1, 2 or 3 licence, however hosting an EEA licensed Business to Consumer operator 1,165 Per month per operator, paid by the Class 4 Licensee Maximum remote gaming tax per licensee per each remote gaming licence 466,000 Per year Excellence | Superb Client Service | Cost Efficient info@acumum.com | www.acumum.com Skype ID: acumum Malta Office: +356 2778 1700 260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
  • 6. Malta’s International Legal & Advisory Firm Uniquely local. Uniquely International. Located in the EU tax efficient jurisdiction of Malta, Acumum Legal & Advisory employs Maltese, UK, & international lawyers & tax accountants - with extensive on-location & off-shore international experience. Providing appropriate, cost effective, bespoke solutions. Excellence | Superb Client Service | Cost Efficient info@acumum.com | www.acumum.com | Skype ID: acumum Malta Office: +356 2778 1700 260 Triq San Albert, Gzira, GZR 1150, Malta (EU) Aviation | Corporate Services | Estate & Wealth Management Financial Services | Gaming | Intellectual Property Maritime & Yacht | Residence & Citizenship Trusts & Foundations| Tax Structuring Excellence | Superb Client Service | Cost Efficient info@acumum.com | www.acumum.com Skype ID: acumum Malta Office: +356 2778 1700 260 Triq San Albert, Gzira, GZR 1150, Malta (EU) Guidance Purposes Only 2014