Regulatory

Any major changes occurring throughout the term of a licence application will require a new licence application to be submitted accordingly.  Major Changes can be defined as:

• Any changes affecting more than 75% equity ownership, control or funding of the prospective applicant
• Any changes that require a new Business Plan to be submitted, such as major changes to the products to be offered or the respective markets, requiring the submission of revised Financial Projections
• Any other changes that would necessitate a new review of the submitted policies and procedures and other documentation.

In order to aid applicants, in cases of major changes, any information submitted to the Authority that would still be valid will not need to be resubmitted again.  However, any other updated documents, forms and/or information, together with the application form details through the LRMS and the respective application fee will still need to be submitted in full.

The Gaming Licence Application form on the LRMS has been revised to reflect the revised System Documentation Checklist as well as other technical enhancements, including a revised process flow as well as some changes to the technical setup aspects of the application.

Any Gaming Licence Applications in progress will be migrated to the new format, and hence applicants will be able to continue filling in the application without any loss of information.

Applications need to be complete, and all the required information needs to be uploaded before an application is submitted.  Once an application is received, it is reviewed and any incomplete applications will be set to a one time ‘Draft’ mode for sixty days.  If the application is not resubmitted in full within this period, the application will be cancelled and the applicant would need to re-apply in full.

Further to the changes within the Gaming Licence Application, the Change in Technical Setup application on the LRMS has also been revised to include the updated technical enhancements. Licensees can now include multiple primary and secondary data centres, more detailed information on Live Studio locations as well as some minor changes to the Games being offered.

All the information previously submitted to the Authority has been migrated to the new format. However, licensees are urged to review the forms and update any missing information, if applicable.

Games, and/or their providers, which are not authorised by the MGA (i.e. either holding a licence issued by the MGA or else a Recognition Notice Certificate), but licensed and offered under the purview of other jurisdictions outside the EU/EEA, on the same website as the MGA-licensed operations, or linked therefrom, are not permissible in view of the critical regulatory risks associated therewith.  Similarly, shared wallet setups with such non-EU/EEA licensed games, whether offered on the same or different domain or sub-domain name, are also prohibited.

Only games supplied by holders of a critical gaming supply licence issued by the MGA, or an equivalent authorisation issued by the competent authority in another EU/EEA jurisdiction, may be offered as part of the MGA-licensed gaming service. Moreover, implementation of such a setup must in no manner prejudice other MGA requirements, inter alia the requirements relating to protection of player funds.

Moreover, in cases where the website of the MGA-licensed operation is also used in connection with a foreign licence, this shall be notified to the MGA forthwith, and such setup shall be allowed only in exceptional circumstances, where the MGA is satisfied that the regulatory objectives are not prejudiced thereby.

The Authority has made available a template Source of Wealth declaration as well as a Statement of Affairs template, accessible from the Downloads page.   These templates will become mandatory to be submitted with any applications submitted as from the 3^rd of May 2022 onwards.

The Source of Wealth Declaration needs to be filled in by all UBOs and/or third parties investing funds into a Licensee/Licence applicant.  This form needs to be supported by detailed and relevant evidence/proof to account for the funds being invested in the operations.

The Statement of Affairs form also needs to be filled in by all UBOs and/or third parties investing funds into a Licensee/Licence applicant.  Evidence to support this Statement of Affairs might be requested by the Authority in case additional information is required for the purpose of processing the application.

Last edited 11^th March 2022

The MGA has issued guidelines on the acceptance of electronically signed documents and certifications.  Going forward, these documents shall be accepted as long as the originally signed document/s, a declaration confirming the validity of the advanced electronic signature, and a copy of the official results generated when validating the signature here are uploaded on the LRMS, as part of the application.

A copy of the required declaration can be accessible here, and should confirm that the advanced electronic signature/s applied to the submitted document/s adhere to the technical and legal requirements delineated by  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC and are ascertained to be advanced electronic signatures.

The declaration needs to be provided by the person signing, certifying and/or translating the documents in question, and a separate declaration for every individual and/or entity needs to be submitted. Specific unequivocal reference must be made to the document/s being certified through the declaration (Example: Passport of Mr. Borg with Passport number…/ ID document number…, etc.) & also including the number of pages each document contains (Example: consisting of 2 pages).

Last edited 16^th March 2022

As of January 2022, applications in draft mode which have not been accessed and updated in the last ninety (90) days will be automatically deactivated, and cannot be retrieved.  This inactivity period has being extended from the previous sixty to ninety days to allow applicants more time to receive and submit any pending documentation, especially Due Diligence related documents.

The MGA has updated the Entity Declaration Form, with changes being done to both the layout and the content.  The revised form can be accessed from the LRMS, whilst the list of enclosures required can be accessed from here.

The Malta Gaming Authority has launched the Personal Portfolio in the Licensee Relationship Management System (‘LRMS’).

Users will now be met with two distinct timelines when accessing the LRMS: the ‘Company Portfolio’ and the ‘Personal Portfolio’.  The ‘Personal Portfolio’ should be used directly by the individual to submit the personal declaration form and accompanying documentation.  Any users who have previously submitted any Personal Declaration Forms (either themselves, or if anyone submitted a Personal Declaration Form on their behalf) might not be able to create a new application.  In such instances, please get in touch with our support team on [email protected] to be able to proceed with the application.

Further to the Personal Portfolio functionality, the MGA has also reviewed the Personal Declaration Form, affecting a number of changes to both the layout and the content.

The Personal Declaration Form (PDF) (known as the “Change in Personal Details” application), will no longer be accessible through the Company Portfolio. The application will instead be located under the Personal Portfolio application menu (NEW/CHANGE) and will allow the user to create and submit the PDF.

Moreover, a “Request for Involvement Approval” application will be introduced. This application will be automatically created on the Company Portfolio’s timeline. This will be the case when the user links the involvement with an already licensed operator (otherwise, the involvement approval will be in the Involvement step within the Gaming Licence Application). These involvements will be created on the submission of the Change in Personal Details application.  This application will allow anyone with access rights to the Company Portfolio to approve or reject any involvement requests. The approval or rejection of the roles would signify the finalisation of the Company’s responsibilities, and henceforth, the MGA will be required to proceed with the final steps of the process.

The Authority has created tutorial videos in this regard, which can be accessed through the following link. These videos show:

• How to switch between the portal timelines
• How to create a new PDF and add a new involvement
• How to accept or reject a Request for Involvement application
• How to accept or reject a Request for Involvement within a Gaming Licence Application

The revised list of required enclosures can be accessed from here.

The Authority has introduced the e-ID login facility on the MGA’s LRMS. Therefore, anyone holding a Maltese e-ID may opt to access the LRMS by using the e-ID login details.

It is important to note that if an individual does not have the login details but is aware that a PDF has already been created on the portal, the individual should kindly contact the Authority to access the form.

Kindly contact our support team at [email protected] should you require any further information.

Any applications for Key Function Certificates and/or additional Key Function Roles received on, or after the 20 October need to demonstrate to the satisfaction of the Authority that the applicant meets the qualifications and/or relevant experience requirements, in addition to any specific knowledge and proficiency requirements relevant to their role, in accordance with the Policy on the Eligibility and Ongoing Competency Criteria for Key Persons, which can be accessed from here.

Any applications for Key Function Certificates submitted prior to this date, pertaining to any key roles which were changed by virtue of the amendments to the Gaming Authorisations and Compliance Directive (Directive 3 of 2018) effected on 20 October 2021, where the applicant does not fulfill  any of the required qualifications and/or relevant experience requirements, and the role is still relevant as per the updated Directive, will still be processed, however such Key Function Certificate holders would then be required to adhere to the requirements listed in the Third Schedule of the Policy on the Eligibility and Ongoing Competency Criteria for Key Persons.  Hence in view of this, such applicants will not be awarded with a three (3) year Key Function Certificate.

As of October 2021, in view of the amendments to the Gaming Authorisations and Compliance Directive (Directive 3 of 2018), as per article 41(2)(b), Licensees should ensure that the audited financial statements shall, in addition to containing the information required in terms of such international financial reporting standards, include:

(i)           For B2C licensees providing gaming services by remote means, illustrate Player Funds Account Balance separately under the Cash and Cash Equivalents Note to the audited financial statements as well as illustrate player funds under the Trade and Other Payables Notes to the audited financial statements;

(ii)          Contain a reasonable assurance by the auditor that the licensee is compliant with its obligations in terms of the Gaming Tax Regulations and the Gaming Licence Fees Regulations; and

(iii)         For B2C licensees providing gaming services by remote means, be accompanied by a signed declaration from the auditors confirming the player funds, the jackpot funds, as well as the portion of Player Funds Account balance which fall under the Maltese licence.

The assurance and declaration to be provided, as outlined in sub-paragraphs (ii) and (iii) above shall be provided in the form of separate letters of comfort which are, in turn, also distinct from the auditor’s report, to be submitted in terms of international financial reporting standards.

A Key Person shall notify the Authority forthwith, and in any case not later than three (3) working days from the date of resignation or dismissal from exercising a key function for a licensee.

Licensees shall also notify the Authority forthwith, and in any case no later than three (3) working days following the resignation or dismissal of a person exercising one or more key functions; and/or of any changes to persons performing one or more key functions.

The Licensee shall also notify the Authority of the appointment of the replacement of any resigned/dismissed Key Function holders by not later than fifteen (15) working days after such resignation and, or dismissal.

In such cases, the licensee may appoint persons who are not yet in possession of a certificate of approval to carry out a key function on a temporary basis, provided that such persons have the necessary competencies, and apply to obtain their certificate of approval at their earliest.

In cases where no person is approved by the Authority to fulfill any of the required key functions, whether temporarily or otherwise, the responsibility for such key function/s shall vest in the directors of the licensee.

As of October 2021, in view of the amendments to the Gaming Authorisations and Compliance Directive (Directive 3 of 2018), at licence application stage, B2C licence applicants are required to appoint the following key functions, as delineated in sub-paragraphs (a), (c) and (f) of article 6 (1):

• The Chief Executive role, or equivalent;
• Key Compliance with the obligations of the licensee as may be applicable by virtue of the Act and any binding instrument issued thereunder, including but not limited to, obligations relating to responsible gaming, obligations relating to player support, obligations relating to the rules relating to marketing, advertising and promotional schemes, and where applicable, obligations relating to sports integrity;
• The prevention of money laundering and the financing of terrorism;

Similarly, B2B licence applicants are required to appoint the following key functions, as delineated in sub-paragraphs (a) and (c) of article 6 (3):

• The Chief Executive role, or equivalent;
• Compliance with the obligations of the licensee as may be applicable by virtue of the Act and any binding instrument issued thereunder, including but not limited to obligations relating to sports integrity where these are applicable;

The Licensee needs to appoint any remaining key roles within six (6) months from the date of issuance of the Licence.  Enforcement action might be taken if the Licensee does not abide by the stipulated deadlines.