REQUIREMENTS FOR A GAMING LICENCE
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- Marybeth Cunningham
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1 REQUIREMENTS FOR A GAMING LICENCE The conditions for granting of a Licence by the Gaming Commission of Ghana as stipulated states, a person qualifies for a Licence if that person: 1. Has an identifiable office 2. Has a service mark logo registered with the registrar of Companies 3. Has the required minimum stated capital (Assets and Property) of US$2,500,000 (Casinos), US$ 2,000,000 (Sports Betting), US$ 1,500,000 (Route Operation) and has agreed to maintain the amount of cash or cash equivalent determined by the Commission 4. Has submitted a tax clearance certificate,( proof of tax Registration) and 5. Is partly or wholly Ghanaian owned. Upon meeting the conditions above, the applicant shall write officially to the Commission to apply for a License. Applicant must attach copy of: 1. Business Proposal. Must include: a. Address of registered office, proposed branches and locations b. Name and profile of directors c. Tax clearance certificate of all Directors d. Description of operations and management structure e. Online sports betting industry analysis * 2. Details of sports betting/online sports betting Must include: a. Approximate odds to be used* b. Number and frequency of games/sports* c. Prize and prize structure* d. Operator game rules and participant code of practice 3. Certificate of Incorporation 4. Certificate to Commence Business 5. Financial and marketing plan. Must include: a. Evidence of financial capability to operate the business b. Capital budgets c. 5 year financial projection and the assumptions made in considering the figures d. Marketing and financial plan *Applicable to Sports Betting and Online operations only. Page 1
2 Directors of the company shall be required to complete Personality Note (PN) and Anti-Money Laundering (AML) forms which shall be submitted to the Security Agencies for background checks and Vetting. The Commission shall introduce applicants to the Bureau of National Investigations (BNI) and the Criminal Investigation Department (CID) for criminal checks to be conducted. In the case of foreign applicants/directors, introduction shall be made to INTERPOL, Research Department of the Ministry of Foreign Affairs and Regional Integration and the Financial Intelligence Centre (FIC). The Commission may also carry out further due diligence beyond Ghana s boarders on foreign national applicant(s). Based on the reports received from the Security Agencies and the Commission having satisfied itself with the fit and proper test, a Gaming License shall either be granted or refused. ADDITIONAL REQUIREMENTS 1. Not-withstanding, the Commission shall satisfy itself with but not limited to the following: a. The identity (ies) of new applicants b. The passports or any national ID of the applicant(s). c. The business registration documents. d. Conduct further due diligence on senior managements 2. Details of game software system/information on software providers (i.e. Name and country of a. Origin). Certification of software* b. Illustration of gaming interface/platform* c. Detailed information on technical solution providers 3. Details of planned corporate social responsibility. *Applicable to Sports Betting and Online operations only. Page 2
3 LICENSE RENEWAL-PROCESS 1. The Commission shall send a letter two (2) months before License expiration, outlining the renewal process. 2. Notwithstanding (1), it is the operator s responsibility to apply for the renewal of a license before expiration date. Operators are obliged to inform the Commission of any changes on their inventory and operations. 3. Pass Fit and Proper Test. 4. Submit Tax Clearance Certificate of company and directors. 5. Complete and submit Anti Money Laundering Form to prove source of funds or additional funds. 6. Clearly indicate the Direct Beneficiary of Company. 7. Updated certification of software* 8. Any update/changes to company details (shareholder/directors/registered address/key Employees) during the preceding year 9. Audited Financials of the company. Page 3
4 CLASSIFICATIONS OF GAMING LICENCE CLASS CLASS ONE (1) CASINO CLASS TWO (2) SPORTS BETTING A. LAND BASED B. ONLINE C. BOTH LICENSE CLASS THREE (3) ROUTE OPERATIONS CLASS FOUR (4) PROMOTIONAL GAMING REMOTE GAMING (eg. Bingo) CLASS FIVE (5) MOBILE OR INTERACTIVE GAMING a. Class one (1) - Casino b. Class two (2) - Sports Betting i.e. Land based, Online Betting or both c. Class three (3) - Route Operations d. Class four (4) - Marketing promotional gaming with elements of Games of Chance i.e Bingo, Raffles, Virtual Gaming, digital gaming etc e. Class five (5) - Mobile or Interactive Gaming Page 4
5 GAMING COMMISSION OF GHANA AML FORM Pursuant to section 27(1) of the Anti-Money Laundering Act, 2008 (Act 749), the Commission is mandated to ask the following questions to help structure systems for the effective implementation of the law. Please complete the sections below: Tick Where applicable. COMPANY S PROFILE 1. Name of company 2. Address of Company 3. Previous name of company (if applicable) 4. Physical business address of the company 5. Postal address of the company 6. Telephone number 7. Facsimile number 8. Date and Place of Incorporation of Company 9. Company Registration number 10. GPS Address Page 5
6 11. Is the Company wholly or partly owned by subsidiary of another Company or partnership? If yes please give details of all holdings, subsidiary and associates of the holding Company. YES NO Name of Company Registration Number and Place of Incorporation Nature of Business Relationship to Company, e.g. holding Company, Company subsidiary, Associate etc Percentage Holding NOTE A corporate family tree diagram detailing the relationship of the holding company to the Company, subsidiary or associate, must accompany the declaration. 12. Is the company a parent company of a group of companies? If yes please give details of all subsidiary and associate companies of the group: YES NO Name of Company Registration Number and Place of Incorporation Nature of Business % Shareholding of Company Subsidiary of Associate Entities Page 6
7 NOTE A corporate family tree diagram detailing the relationship of the company to subsidiary and associate, entities must accompany the declaration. 13. (a) Names, addresses and shareholdings of shareholders holding 5% or more of the issued share capital of the company: Name Address Shareholding Percentage (b) Number of other shareholders with less than 5% shareholding Names and addresses of any lenders, mortgagees or other persons providing finance, and the terms under which they have undertaken to provide funding in respect of this application: Name Address Account/Ref No Type of Facility Amount of Facility Repayment Period Repayment Terms 15. Provide details of any agreement relating to the ownership, operation of the Gaming Licence Applied for, its development or its facilitation or any right or interest therein 16. Has the company or any other company named in this declaration, or any Director, Manager or Officer of such company while acting as such, ever been convicted of an offence? If yes please give details i.e. Court at which convicted, date of conviction, offence and penalty. YES NO Page 7
8 17. Is there any reason to believe that a prosecution against the company or any other named associate or subsidiary companies, directors or officers may be pending YES. NO. If yes give details 18. Details of any civil action taken against the company during the past five (5) years for recovery of money owes? 19. Details of any civil action pending against the company for recovery of money owes? 20. Does the company have any interest, financial or otherwise, in any other company or with any person or business, or has the company ever provided any financial assistance or other support to any other company, business or other body involved with the ownership, administration or management of a gambling related business? Page 8
9 YES. NO. If yes provide full details 21. Name and Address of Bankers (Details of all bank accounts, including foreign accounts, held by the company at any time during the last five years). Name of Bank(s) Account Number(s) Branch Name of Relationship Manager 22. Please attach copies of pages 1 & 2 of the personality note form of directors, key management personnel/officers of the company. 23. Please attach copies of directors who have ceased to hold office for the past 5 years if any. Use pages 1&2 format of the personality note form. 24. Names and address of the company s lawyers/legal advisors, accountants, auditors or consultants. 25. Does the company have any interest, financial or otherwise, in any other company or with any person or business, or has the company ever provided any financial assistance or other support to any other company, business or other body, involved with the ownership, administration or management of a gambling related business? YES. NO. If yes provided full details: - Page 9
10 CERTIFICATION: I hereby certify that the information provided herein is true. NAME SIGNATURE DATE.... PLACE. POLICE REPORT Directors completing this form should apply to the Director, Criminal Investigation Department (CID) for a police report. The Police report should be submitted under the seal of the Director of CID to the following address: The Commissioner Gaming Commission of Ghana Plot 4. 5 th Circular Road Cantonments Accra. GPS Address: GL NB: Under no circumstance should the applicant (Director) himself submit the report directly to the Gaming Commission. (To be completed by Compliance Officer) Name Position Signature Date 1. PLEASE NOTE THAT FIRST TIME APPLICANTS SHOULD ATTACH THREE (3) PASSPORT SIZED PICTURES, SCHOOL CERTIFICATES, MEMBERSHIP OF PROFESSIONAL ASSOCIATION AND ALL OTHER SUPPORTING DOCUMENTS. 2. MUST PROVIDE EMPLOYMENT HISTORY AND ALSO ECONOMIC STATUS. (See section E of Personality Notes Form). Page 10
11 Please attach one recent PERSONALITY NOTE FORM Game of Chance Please type or print your answers in block letters in the space provided below each item SECTION A Personal Details 1.1 Surname 1.2 First and Middle Names 1.3 Previous Names (maiden, aliases, etc.) 1.4 Reasons for change of name (if any) 1.5 Date & Place of Birth 1.6 Hometown 1.7 Present Nationality Previous (if any) 1.8 Passport (If any) Type Number Place & Date of Issue Expiry Date 1.9 Travel History (includes dates) 2.0 Hobbies 2.1 Occupation / Profession 2.2 Parentage provide particulars of parents (where deceased, state date of death) Father Full name Date /Place of birth Hometown Nationality Occupation (last) Residential Address (Include popular spot close to residence) Business Address (If any) GPS Address: Mother Full name Date /Place of birth Hometown Nationality Occupation (last) Page 11
12 Residential Address (Include popular spot close to residence) Business Address (If any) GPS Address: Page 12
13 2.3 List all professional, social, political parties, charitable organization to which you belong (ed) contribute(ed) or with which your work (have worked)? 2.4 Marital Status (please tick appropriate box) Single Married Widowed Separated Divorced 2.5 Date & Place of Marriage 2.6 Marriage Certificate No (If any) 2.7 Name & Address of one Key Witness 2.8 Spouse (s) details (even if divorced, separated or widowed) Full Name Present Date & Place of Birth Residential/Business Address Occupation/Profession Former Names 2.9 Names and Date of Birth of children with previous spouse(s) Name..... Date of Birth Names and Date of Birth of children with present spouse(s) Name..... Date of Birth Page 13
14 SECTION B Contact Information 3.1 Current Residential Address (Include house #, street, suburb, town, district, state or region) GPS-Address: 3.2 Provide name of any landmark nearest to residence 3.3 Home or mobile phone number 3.4 Fax number 3.5 Your address 3.6 Your Correspondence Address, If different from Previous Residence Address (If any) (Include house #, street, suburb, town, district, state or region & any close landmark or personality) 3.8 Home Town Address (Include house #, street, town, district, region & any close landmark or personality) 3.9 Employment Address (If any) (Include business name, street name, town, state or region & any close popular spot 4.0 Employer s telephone number (s) 4.1 Employer s fax number 4.2 Employer s address Page 14
15 SECTION C Educational History Formal Education (List all educational institutions you attend or have attended) 4.3 Secondary Education (Senior Secondary School & College) 4.4 Higher/Professional/Vocation Education (indicate whether full or part-time study) Name and address of institution Date Attended Subject (s) Studied Or Degree Title Qualification & Grades Achieved Page 15
16 Educational History (cont d) 4.5 List all Examination taken (including remedial, if any) Examining Authority/Board Exam Title & Index No Result Place/Date 4.6 Informal Education (list all training centers or places you acquired a particular training) Name and address of trainer Specialised Skills or Training Acquired Year Page 16
17 SECTION D Employment History (Career) 4.7 Provide particulars of your employment since leaving school including periods of apprenticeship, self-employment, unemployment and National service Dates (from/to include month & year) Organisation full Name and Address (Include telephone number, if any) Post Brief Description of duties & reasons for leaving (if any) Page 17
18 Employment History (cont d) Dates (from/to include month & year) Organisation full Name and Address (Include telephone number, if any) Post Brief Description of duties & reasons for leaving (if any) 4.8 Provide the following details if you serve (d) in any security service Brach of Service/Unit Rank/Position Service Number Date & Place of enlistment Date & Reasons for leaving (if any Page 18
19 SECTION E Economic Status 4.9 Do you own any assets (e.g. immovable property)? Yes No If yes, list and provide particulars (including location) on each and how obtained 4.10 Tax details (where applicable) (Provide evidence of last tax payment (s) on the assets; state type of tax certificate number & date issued) Page 19
20 SECTION F Your Company Profile 5.0 Name & Business Address of Company (include house #, street name, town & any close popular spot) 5.3 Name & Address of Bankers 5.4 Name & Address of Auditors 5.5 Name & Address of other Director (s) of the Company 5.6 Reasons for establishing the Company Page 20
21 SECTION G Associates & Character Referees 5.7 Associates Please indicate full names, business and residential addresses (include popular spot close to the residence) Full Name Business Address Residential Address (Hall of Residence, If student) Current Designation or Position Character Referees Provide full names, business and residential address (include telephone number, address, popular spot close to the Addresses) of two (2) character referees (not relatives or associates already indicated) preferably senior public resident in Ghana: Full names Business Address Residential Address Current Designation or Position Page 21
22 SECTION H Security Clearance & Declaration 5.8 Have you had any brush with the law Yes No If yes, please give details 5.9 Comments (If you need to comment on or provide additional information please do so here. State the number to the question) 5.10 Declaration I declare that the information given on this form is correct and complete to the best of my knowledge and belief; I understand that any false statement or omission may make me liable for punitive action under existing laws Date.. Signature Page 22
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