A person who desires to obtain or renew a licence shall apply to the Authority by making use of the relevant prescribed forms published by the Authority. S/he shall also provide all information, documentation and assurances required and shall otherwise fulfil all the licence prerequisites prescribed by the relevant regulatory instruments in force or otherwise required by the Malta Gaming Authority (“MGA”).
Learn more about the Types of Licences in Malta
At the application stage, the MGA assesses whether an applicant:
#1 Is fit and proper to conduct gaming business;
This part of the process entails a thorough due diligence exercise on all key persons, directors of the prospective gaming company and beneficial owners thereof.
#2 Is correctly prepared from a business strategy perspective;
The applicant’s business plan is expected to have a detailed forecast of the operation, inclusive of marketing and distribution strategies, HR plan and growth targets.
#3 Has the operational and statutory requirements to meet the obligations prescribed by law and policy;
This necessitates that the company is duly incorporated and that the business has devised policies and procedures, ready for and capable of implementation. This process includes examining incorporation documents, the games, the business processes related to conducting the games, the rules, terms, conditions, policies, procedures and technical documentation of the gaming and control system.
The applicant must have issued and paid-up share capital as follows before such time that the licence can be issued:
|Type 1||Minimum €100,000|
|Type 2||Minimum €100,000|
|Type 3||Minimum €40,000|
|Type 4||Minimum €40,000|
Companies with multiple types are required to meet the above share capital requirements cumulatively up to a minimum capping of €240,000.
#4 Has correctly implemented and tested, on a technical environment, what has been applied for, before going live.
Upon successful completion of stages 1, 2 and 3, the MGA whilst informing the applicant that the application is successful, will request that the applicant implements and tests the infrastructure, policies and procedures on a technical environment, prior to going live. This ‘System Audit’ is to be completed within 60 days of notification by the MGA. The applicant is to appoint a Service Provider from the MGA’s list of approved auditors to carry out the System Audit, who shall verify the live environment against the application documents having been vetted by the MGA during the preceding stages. At this stage, the MGA expects a minimal deviation from the application.
On successful completion of all the aforementioned stages, the MGA issues a ten-year licence, and the applicant is expected to go live within 60 days from the issuance thereof.
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Licensees will have to undergo a ‘Compliance Audit’ after the first year of operation after being licenced by the MGA, and at any other time as may be notified by the MGA in accordance with the compliance plan the MGA sets up for the licensee. Such audits need to be completed by the = within 90 days from the MGA’s notice to the licencee.
No game, system, software, device, premises, condition, procedure, policy or any other matter approved by MGA shall be amended or substituted unless the licencee would have obtained prior written approval by the Authority or, where notification is sufficient, the licencee would have duly notified the MGA.