GHANA Law and Practice Contributed by: David Yaw Danquah, Legalstone Solicitors PRUC
4.9 Ongoing Annual Fees The annual fees for games of chance in Ghana vary, depending on the nature and or class of licence. The fees are contained in Fees and Charges (Miscellane- ous Provisions) Act 2022 (Act 1080), and LI 2481. However, as set out in 4.8 Application Fees , the Gam - ing Commission has recently signalled its determina- tion to cause a reduction in the fees structure down- ward. Thus, a new fees Act is on the horizon. It intends to lower generally the fees applicable to the licensing of games of chance in Ghana, more specifically create a lower licence fee for entities wholly owned by Gha- naians for the purposes of gaming licences. This is a new addition to the existing fees schedule in Ghana. These significant changes are aimed at positioning Ghana as one of the most promising destinations and/or jurisdictions in West Africa for gaming busi- ness investments. 4.10 Personal Licensing In Ghana, game-of-chance licences are granted by the Gaming Commission to corporate entities (private limited liability companies) that meet the minimum requirements. Therefore, primary operational licences are exclusively granted to incorporated private liabil- ity companies that satisfy the statutory requirements under Act 721. Individuals on their own do not qualify for the grant of a licence under the statutory regime regulating the industry. However, it is worth noting that individual sharehold- ers and directors are subject to mandatory criminal background checks and vetting as part of the licence process. This can qualify as a personal licensing requirement under the statutory framework for the industry and ensures that directors, shareholders and key members of senior management meet the integrity and competency standards that align with the Gaming Commission fit-and-proper test standards for individuals and persons seeking to participate in the industry through established corporate entities. Thus, as part of the licensing processes, the corporate veil is pierced to ensure that individuals applying for a licence through the established company are fit to undertake the business to mitigate the risks associ-
may decide to seek redress in a court of competent jurisdiction in Ghana. 4.7 Application Timing Section 16 of Act 721 mandates the Gaming Commis- sion to determine the applicant’s fate for the grant of a licence within 12 months after receipt of the applica- tion. In practice, a licence application should take two to three months to complete in Ghana, depending on the total fulfilment of all the established conditions and standards stipulated by Act 721. Upon meeting the required set of conditions, an appli- cant is expected to formally apply to the Gaming Com- mission of Ghana for the consideration of its licence. 4.8 Application Fees The Gaming Act determines the licence fees for appli- cants of games of chance in Ghana, which it states at 2% of the minimum stated capital of the company determined for each of the categories of games of chance in Ghana. Recently, the promulgation of the Fees and Charges (Miscellaneous Provisions) Act 2022 (Act 1080) and the Fees and Charges (Miscellaneous Provisions) Regulations 2023 (LI 2481) fixed the fees for games of chance in Ghana above the determined rate set by Act 721. There is an apparent conflict regarding the fees for the industry. Notwithstanding the seeming inconsistencies, the Gaming Commission has adhered to the provisions of Act 1080 and LI 481 in the determination of the fees for the games-of-chance industry in Ghana. The Gaming Commission has recently signalled its determination to cause a reduction in the fees struc- ture downward. Thus, a new fees Act is on the horizon. It intends to lower generally the fees applicable to the licensing of games of chance in Ghana and create a lower licence fee for entities wholly owned by Ghana- ians for the purposes of gaming licence. These signifi- cant changes are aimed at positioning Ghana as one of the most promising destinations and or jurisdictions in West Africa for gaming business investments.
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