Companies wishing to operate an online gaming company in or from Malta must possess a valid licence issued by the MGA, being either a B2C or a B2B licence.
The B2C licence is referred to as a Gaming Service Licence and is required for the provisions of both or either of the following services:
offering, provision or operation of a gaming service;
hosting by a person in his premises accessible to the public, the operation or making available for use a gaming device or gaming system.
The B2B Licence is referred to as a Critical Gaming Supply Licence, and the following services shall each constitute a critical gaming supply:
Nexia BT can provide assistance in the licencing application and everything else related to it.
Applicants applying for either a B2C or a B2B Licence can offer one or more of the following game types:
Where a game displays elements which may fall under more than one of the types referred to above, the Authority shall have full discretion in categorising the game in the type it believes closest reflects the nature of the game.
The Authority does not require licensees to obtain a licence for each type of game. Operators that are already in possession of a Gaming Service Licence or Critical Gaming Supply Licence and wish to offer an additional type of game, are required to apply for the necessary approval.
Separate approval is required for each gaming vertical that requires safeguards in order to ensure that it is offered in a manner which adheres to the Law and the regulatory objectives.
A “gaming vertical” means a category of products that require said specific safeguards owing to its characteristics and the distinction between it and other categories of products. The Authority has identified the below as different verticals, not being an exhaustive list.
Where the applicant for a licence is a body corporate, such applicant may apply for a licence either for itself only or for its corporate group. In the first case, a licence and, or material supply certificate may be assigned or transferred to another entity within the same corporate group, subject to the prior written approval of the MGA and in the latter case each member of the corporate group and all of them jointly and severally shall be deemed to be a licensee.
Nexia BT can provide assistance for a portfolio of services in connection with the gaming industry in Malta.
A Material Gaming Supply is a gaming supply of such importance that any weakness or failure in its provision could have a significant impact on the operator’s ability to meet the operator’s obligations under the Act and all applicable regulatory instruments, or to manage the risks related to such supply; or to continue in business.
Any person offering a material gaming supply listed hereunder to an authorised person may request a material gaming supply certificate from the Authority.
The following each constitute a material gaming supply:
A licensee making use of or seeking to make use of a material gaming supply provided by a third party shall ensure either that such a material supplier is in possession of the said certificate, or else assume full regulatory responsibility for such supplies.
The Gaming Authorisations Regulations have classified the below as Low-Risk Games:
Rather than requiring a licence, such games will be required to acquire a Low-Risk Games Permit.
In terms of the Second Schedule of the Gaming Authorisations Regulations, skills games are exempt from the requirement of a licence. Specifically, the law defines the following as exempt:
Whilst the burden of proving that an activity is a skill game shall rest at all times on the party operating or promoting such an activity, the Authority is vested with the sole discretion to classify an activity as a game of chance, a game of skill or otherwise, and may issue a ruling or other binding instrument determining that a game is a controlled skill game if the Authority deems it necessary and/or desirable.
The Authority, in ascertaining the nature of the game, shall consider the following:
Any person offering licensable games in or from Malta without an authorisation issued in terms of these regulations, but under an authorisation issued by another Member State of the EU or the EEA, or a State which is deemed by the Authority to offer safeguards largely equivalent to those offered by Maltese law, shall apply to the Authority for a recognition notice, which shall have the same effect as an authorisation issued by the Authority for the purpose of providing a gaming service, gaming supply, key function, or any other authorisation in or from Malta.
Nexia BT provides a wide range of services ranging from basic company incorporation and compliance to specialised advisory services, audit, tax and accounting, for particular sectors such as financial services, international trade, remote gaming, investment funds, shipping and aviation.
We offer international support including back-office operations and advisory services, in a responsive, proficient and professional manner.
Nexia BT can provide assistance for a portfolio of services in connection with the gaming industry in Malta, including: incorporation and tax advice of the appropriate corporate structures, assistance in the licensing application, provision of key function services, gaming compliance, tax compliance, accounting, assurance and IT Audit services.
Whether you want to start-up your business operations in Malta or you plan to relocate your established business to Malta, we are committed to offer and devise a tailor-made service to your company needs. We understand that the gaming industry has specific needs and our services are intended to cater to them.