The licencing application process is divided into three stages and Gonzi & Associates Advocates are the ideal law firm in Malta that can assist you throughout the whole application process when you intend to apply for a licence.

We can assist you by:

1. Aiding in the company formation;

2. Advice as to which class of licence to apply for;

3. Compiling, submitting and following up on all the necessary forms and other required documentation for the application;

4. Acting as your key official; and

5. General support as to legal issues arising

The Three phases in order to apply for an iGaming licence in Malta are:

First phase: Fit and Proper

The LGA conducts an exercise on the applicant and the persons financing and managing the business, together with a financial analysis of the business plan and the business viability.

Normally concluded within 2 weeks depending on the correctness of the documents filed.

Documents required

For each qualifying shareholder appearing on the ownership structure form and key management personnel:

• A true copy of the birth certificate;
• A true copy of the passport;
• Passport size photo;
• A conduct certificate, or a relevant document, issued by a law enforcing authority in the country of origin of the applicant;
• Statement of Affairs;
• Credit and/or financial references;
• Bookmaker licences if issued in other countries;
• A document issued by a legal entity stating that all documentation submitted is a true copy of the original.

A copy of the business-plan must be submitted. The business plan should outline in detail the following:

• The objectives of the operation;
• The proposed company structure including business functions and human resources to be employed (e.g. Risk managers, odds compiler, financial officers, etc.);
• The nature of games to be offered (e.g. betting, pool betting, betting exchange, casino, leagues, etc);
• The technologies to be used to conduct remote gaming (e.g. Internet, telephone, fax, mobile, etc);
• An overview of the application software to be used as gaming and control systems;
• A three-year business plan including:
  - Marketing and sales plan;
  - Forecast balance sheets;
  - A financing plan showing sources of finance, distinguishing between shareholder funds and other funds.

Second phase: Business and Technical Ability Assessment

Once the first phase is concluded the LGA examines incorporation documents, business processes relating to the conducting of games, terms and conditions etc.

Normally concluded within 3 weeks depending on the correctness of the documents filed.

Documents Required

• A Maltese Company Registration Certificate (including an International Trading Company Certificate if applicable);
• Memorandum and Articles of Association;
• Business Entity Information Form;
• A detailed operational manual outlining the application architecture, the system architecture, the software developer, security and control procedures, back-up and disaster recovery procedures;
• The payment methods, the payment system/s and its provider/s;
• Agreements with business partners, affiliates, agents.

Third phase: Compliance Audit

At the end of the second phase the applicant is given a letter of intent to operate remote gaming with the intent of obtaining a certification of compliance within 6 months. The applicant may then establish an iGaming related business here in Malta. On Completion of the third phase a 5 year licence is granted to the operator.

Normally the compliance certification procedure takes two weeks

Documents Required

• A Service Provider Authorisation Form if applicable, including the agreement with the equipment hosting provider in Malta outlining clearly the functions and responsibilities to be carried out by such provider. A site plan of the data floor indicating the location of the equipment must be attached to the agreement. Serial numbers for all equipment installed are to be attached.
• Details or copies of agreements with all third parties which may impact the licensee’s gaming or control systems (these are the gaming software provider, all payment service providers, any odds/results provider used, any other software partners)
• Before certification, the Control System submission will be reviewed and tests made on the live data and procedures. Samples reports from the live system will be requested to show how the management of the betting system is conducted.
• An assessment of the information management in the operations will be made; recommendations may be made to improve security of the players’ data.
• The backup and disaster recovery procedures will be reviewed. Change management procedures will also be reviewed.
• The online website will be reviewed via a test account to see that the site operates in accordance with the Regulations and with the operator’s declared procedures (including notifying changes). The Player Protection measures required by LGA will be confirmed.
• Bank account balances will be compared with online player account balances to ensure that the liabilities are sufficiently covered.
• Routine data submitted on a monthly basis to LGA will be reviewed. Any anomalies will be investigated with the operator to ensure that correct data is available to LGA and rules relating to test data are observed. Spot checks on the odds, payout ratios and randomness as applicable may be made.
• Any agents acting for the operator will be scrutinized for probity. Copies of all relevant agreements and national licenses will be required by LGA for review and filing.
• Staff lists and duties will be checked against the records held at LGA.