MALTA Law and Practice Contributed by: Andrew J. Zammit and Krista Hili, GVZH Advocates
4.8 Application Fees Licence application fees vary according to the licence/ authorisation being applied for. A one-time, non- refundable administrative fee of EUR5,000 is payable to the MGA upon the submission of any application for a B2C or B2B licence, for the renewal of such a licence or for a recognition notice. Gaming licence applications also include individual applications for directors, beneficial owners and key function role holders, at EUR50 per person and per role. An appli- cation for a material supply certificate and requests for the addition of a new gaming vertical, the addi- tion of a new delivery channel or major changes to an operator’s software and infrastructure involve a fee of EUR1,000. These specifications are found in the Gaming Licence Fees Regulations. 4.9 Ongoing Annual Fees Any person in possession of a gaming services licence issued by the MGA must pay a licence fee of between EUR10,000 and EUR35,000, depending on the class of licence held and the annual revenue. The fees are established in the Gaming Licence Fees Regulations. 4.10 Personal Licensing Types of Authorisations and Licences In accordance with the gaming rules, key function cer- tificates are issued for individuals holding key roles within the company. These roles are in accordance with Part II of the Gaming Authorisations and Compli- ance Directive. Application Process The key application requirements are as follows. • Directors, owners and senior management – any individuals applying for directorship and/or key function roles are required to submit a change in personal details application through the personal timeline of the Licensee Relationship Management System (LRMS). • Disclosure thresholds – such applications are required for shareholding individuals/beneficial owners holding 10% or more, whether directly or indirectly, in the licensed entity. • Timeframes – the MGA does not issue timescales for any type of application. The duration of an application review depends on the completeness
of the personal declaration form and the accuracy of the documentation. • Fees – for key function roles, there is an adminis- trative fee of EUR50 per person and per role. For a beneficial owner application, no additional fees are required (other than the EUR1,500 application fee for the change in structure notification outlined in 10. Acquisitions and Changes of Control ). Ongoing Annual Fees A key function certificate is renewed every three years, with an administrative fee of EUR50 per person and per role. Ongoing Requirements Key function role holders need to accumulate a cer- tain number of continuous professional development (CPD) hours, in line with the MGA Policy on the Eligibil- ity and Ongoing Competency Criteria for Key Persons. Personal Sanctions In accordance with the Guiding Principles for the Application of Enforcement Measures, the enforce- ment measures that the Authority may take consist of issuing an order or a warrant or adding, removing or amending conditions attached to the authorisation held by the relevant authorised person. In the case of a breach that is not an offence against the Gam- ing Compliance and Enforcement Regulations (SL 583.06), the Authority can impose an administrative penalty in accordance with Article 25 (3) of the Act. In the case of a breach that is an offence against the Act, and without prejudice to the possibility of offering a regulatory settlement in lieu of criminal proceedings in line with Article 25 (1) thereof, the Authority can file a report to the Executive Police for the commence- ment of criminal proceedings. The Authority may also suspend or cancel a licence, as the case may be.
5. Land-Based Gambling 5.1 Premises Licensing
Gaming premises must be licensed, and any person renting out or allowing another person to use the prem- ises as a gaming premises must ensure that the lessee is in possession of a valid approval or licence. The Gaming Premises Regulations, which were published
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