Promethean Advisory Limited’s qualified staff of lawyers and members of our licensing team, regularly assist and provide operators with the necessary consultancy in obtaining remote gaming licenses across all classes.

All operators of remote gaming in or from Malta ought to possess a valid license in relation to the pertinent class as set out in the First Schedule of the Malta Remote Gaming Regulations.

Applicants must satisfy a number of requirements so as to obtain a gaming license in Malta. Including:

• the registration of a Malta company;
• applicants must satisfy the “fit and proper persons” test which involves rigorous due diligence checks on all persons (individual or corporate) having a substantial stake in the Malta gaming enterprise;
• be able to demonstrate suitable business, financial and technical ability to carry out the gaming operation in Malta; and
• Be able to demonstrate the operation’s solvency in order to ensure player winnings and deposit returns, are adequately safeguarded.

The application process for a Gaming License from the Malta Gaming Authority (“MGA”) is divided into three distinct stages:

Stage 1 - Fit and Proper test and Business Plan Review

The first stage comprises a thorough investigation conducted by the MGA into the management and financiers of the operation. An analysis of the viability of company’s finances and business plan would also be conducted. By and large this stage is completed within four weeks.

Stage 2 - Business and Technical Ability Assessment

This second phase involves the examination of the applicant’s ability to conduct a successful operation within the parameters of the legislation. During this stage applicants must submit their incorporation documents for approval, together with the games, a detailed description of the business processes related to conducting the remote games, the rules, terms, conditions and procedures of the games and the application architecture and system architecture of the gaming and control systems.

Generally, the MGA takes between four and six weeks to process this stage of the application. Upon successful completion of this stage the operator is provided with a Letter of Intent that enables him to launch his services commercially.

Stage 3 - Compliance System Review

The Letter of Intent constitutes a provisional license, valid for a time frame of six months, during which time the applicant is expected to establish his pertinent business. The licensee will undergo a Systems Review conducted by the MGA, subsequent to operations being established. Such process will establish whether the operator has fully and correctly implemented the procedures in Stage 2.

Upon the completion of the third Stage, the MGA will issue the applicant with a licence for a five-year period. The license is renewable for further five-year periods thereafter. The applicant will be requested to pay its annual licence fee of €7,000.

In the case of a Class 4 license there is no fee for the first six months, €2,300 per month for the second six months and €4,600 per month from the thirteenth month thereafter. The applicant is subject to regular reporting obligations. Moreover, the applicant is obliged to liaise with the MGA throughout the validity of the licence. To this end the applicant must appoint a key official, generally of Maltese residence, who has access to the system and is involved in the decision-making process of the operation. Such person fulfils the role of a contact point or for the MGA in relation to the licence holder.