EXPERTS GHANA How To Obtain A Gaming Licence (Sports Betting) In Ghana? 1 month ago Samuel Post Views: 181 To obtain a Gaming License in Ghana, one has to go through a three-pronged process. The applicant, with the assistance of Legalstone Solicitors LLP, would have to ensure that the regulatory regime in 3 key government of Ghana agencies is adhered to. These are as follows: Registrar General’s Department of Ghana Gaming Commission of Ghana Ghana Investment Promotion Centre A. REGISTRATION WITH REGISTRAR GENERAL’S DEPARTMENT To operate a “game of chance” business in Ghana, one of the conditions that the Gaming Act provides is that an entity must be a Limited Liability Company. The Companies Act, 2019 (Act 992), governs the organization of companies in Ghana. Companies in Ghana may be either public or private (not more than 50 members or debenture holders) and unlimited, limited by shares or limited by guarantee. To secure a license for the business of sports betting (gaming), the particular purpose vehicle shall be a private limited liability company. Company Limited by Shares– an incorporated company with share capital that cannot offer its shares to the public. This is the most popular company structure in Ghana. Generally, a member’s liability is limited to the amount unpaid, if any, on the shares they hold. The Company’s board of directors manages its day-to-day activities. To incorporate a private limited liability company limited by shares with the business of operating microfinance in Ghana, you must: Decide who will act as the Company’s first directors. A company incorporated and registered in Ghana must have a minimum of two directors, both natural persons over 21 years, one of whom must be a permanent resident of Ghana. The directors also appoint the company secretary, who may be a natural person or a body corporate. As part of the new prescription by the companies act, among the persons qualified to be appointed a company secretary is a barrister or solicitor in good standing in the Republic of Ghana. The directors are also mandated to appoint the first auditors of the Company. The Company must choose a business name and must confirm whether the business name is available for the use by the Company. The Company must as well register with the Ghana Revenue Authority for the issuance of tax identification number (TIN) The regulation of the Company must be prepared. The regulation must be signed by one or more of the initial subscribers in the presence of an independent adult witness and must state: *The name of the Company *The Company’s objects or authorized business *That the Company can enter into a legally binding agreement *The name of the first directors of the Company *That the powers of the directors are limited in accordance with the law *The number of shares in which the Company is registered *The number of shares each subscriber will own on incorporation and the amount payable for the shares *A declaration that the liability of the members of the Company is limited If the Registrar is satisfied that the information contained in the application and the supporting documents are accurate, a certificate of incorporation will be issued. Legalstone Solicitors LLP would be responsible for ensuring that your organization meets the above-stated requirements for the registration of the Company at the Registrar General’s Department. Kindly note that there are fees payable to the Registrar General’s Department for administrative purposes. B. REGISTRATION WITH THE GHANA INVESTMENT PROMOTION CENTRE (GIPC) After the said certification from the Registrar Generals Department, we will apply for a certificate of compliance from the Ghana Investment Promotion Centre (GIPC). The Ghana Investment Promotion Centre Act, 2013 (Act 865), requires all entities with foreign participation to register with the center. Registration with the center guarantees some benefits to the foreign shareholder, including guarantees against expropriation, investment guarantees, transfer of capital, profits, and personal remittances. This Act, more importantly, sets the minimum capital requirement for the entity as well as the benefits of an automatic work quota that comes with it. The law requires that, where all the equity of the Company is wholly held by the foreign investor in a company incorporated to offer services, the investor must invest a minimum of not less than FIVE HUNDRED THOUSAND UNITED STATES DOLLARS (USD500,000.00. The minimum capital requirement for sports betting business under the GIPC Act shall be US$500,000.00. This is because the sports betting business is classified as a service business in Ghana. However, where the foreign investor intends to engage in the business of services and the said foreign investor has a Ghanaian partner, the foreign investor is required to invest an international capital of less than TWO HUNDRED THOUSAND UNITED STATES DOLLARS (USD200,000.00) in cash, or money useful relevant to the investment or a combination of both by way of equity participation and the person who is a citizen of Ghana must hold not less than 10% of the equity. The Gaming Act of Ghana makes it mandatory for a Ghanaian to hold a minimum of at least 10% of the share capital of sports betting business. That means, the total shares of a sports betting company cannot be wholly owned by a foreigner. For our work, the business shall be organized as a joint venture to enable us to meet the requirements of the law governing the organization of the sports betting industry in Ghana. To that extent, the minimum capital shall be US$220,000.00. This, therefore, shall mean; the foreign entity be it a corporate body or an individual shall hold 90% equity shares while the local partner shall retain 10% equity shares. INCENTIVES AND BENEFITS UNDER THE GIPC ACT The GIPC Act provides for automatic incentives and benefits as follows: Customs Import Duty Exemptions (There are custom duties exemption for plant, machinery, equipment, and parts thereof) Various Tax benefits (Subject to some conditions) Investment Guarantees (Free Transferability of Capital, Profits and Dividends and immigrant quotas depending on the amount of paid-up capital of the enterprise) C. REGISTRATION WITH THE GAMING COMMISSION OF GHANA Gaming in Ghana, including betting and bookmaking, is regulated by the Gaming Commission. This Commission is set up by the Gaming Act, 2006 (Act 721). The requirements to obtain a license at the Gaming Commission are as follows: The organization must be a Limited Liability Company (as explained above) Organizations must have an identifiable office. Organizations must have a service mark or logo registered with the Registrar of Companies. Organizations must have the required minimum stated capital and must agree to maintain the amount of cash or cash equivalents as determined by the Commission. (The Minimum Capital requirement is provided for in the document attached to this email alongside this document. It must be noted that this amount SHALL NOT be paid to the Commission, but rather it is a condition precedent for the application of the Gaming Licence.) The minimum capital requirement is US$2,000,000.00. The organization must have a criminal clearance certificate in respect of all directors of the Company. (Practically this must be obtained from the Bureau of National Investigations (BNI) of Ghana) The organization must submit a tax clearance certificate Organizations must be partly or wholly Ghanaian owned. Organizations must pay a Licence fee to the Gaming Commission. (The License fees for Casino is $50,000.00, that of Sports Betting is $40,000.00, and that of Route Operation is $30,000.00) Legalstone Solicitors shall assist your outfit in obtaining the required license, be it Casino, Sports betting, and or Route Operations). 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: Has an identifiable office (The law offices of Legalstone shall be initially listed as the office of the Company until a suitable place is found) Has a service mark logo registered with the Registrar of Companies. Has the required minimum stated capital 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 Has submitted a tax clearance certificate, (proof of tax Registration) and It 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 a copy of: Business Proposal. Must include: Address of registered office, proposed branches, and locations Name and profile of directors Tax clearance certificate of all Directors Description of operations and management structure Online sports betting industry analysis Details of sports betting/online sports betting Must include: Approximate odds to be used Number and frequency of games/sports Prize and prize structure Operator game rules and participant code of practice The following must also be included in the application; Evidence of financial capability to operate the business. Capital budgets. 5-year financial projection and the assumptions made in considering the figures Marketing and financial plan 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, an 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 borders on the foreign national applicant(s). Based on the reports received from the Security Agencies and the Commission has satisfied itself with the fit and proper test, a Gaming License shall either be granted or refused. APPROVED FEES CASINOS, SPORTS BETTING, ROUTE OPERATING AND OTHER GAMES OF CHANCE Restricting Eligibility to Licensed Corporate Bodies No person other than a body corporate incorporated in Ghana shall be eligible to apply for a Licence to carry on the business of sports betting in Ghana. No person shall carry on the business of sports betting unless the Gaming Commission licenses it. Domestic partner requirement The Gaming Act of Ghana demands that a foreign party should have a domestic partner whose equity holdings in the Company shall not be less than 10% before the grant of a licensee to offer sports betting business in Ghana shall be considered. More information about obtain gambling license in Ghana find HERE SamuelI am a journalist specializing in gambling in Africa and around the world. I am particularly interested in stories about games and casinos. Facebook Twitter LinkedIn Email Print Tags: gambling law, gaming license, Ghana Continue Reading Previous How new technology is changing sports betting in GhanaNext What does COVID-19 mean for the future of the Gambling Industry? More Stories EXPERTS GHANA Ghana vs South Africa: how do their gambling industries compare? 8 hours ago Samuel EXPERTS HOT NEWS Bridging Digital Divide will positioned the Africa Gambling Industry 2 days ago Adeleye Awakan EXPERTS This is How You Make a Winning Prediction 3 days ago Peter Situma EXPERTS WORLD NEWS Non-gambling checkmate 6 days ago Iwo Bulski GHANA ONLINE Incentive & NewPlay Group strike Africa-focused partnership 1 week ago Szarlot EXPERTS SAGSE Talks launches African edition powered by GBC 1 week ago Iwo Bulski Leave a Reply Cancel replyYour email address will not be published. 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