MEXICO Law and Practice Contributed by: Carlos Fernando Portilla Robertson and Ricardo Valdivia González, Portilla Ruy-Diaz y Aguilar
Business Entities Act – are eligible to apply for sports book and land-based casino licences. The Bureau will assess various factors, particularly for sports book and land-based casino licences. It will evaluate the integrity and probity of the applicant’s shareholders and key personnel, the applicant’s expe- rience in operating the relevant product, and the incor- poration of good corporate governance principles in the applicant’s by-laws. The application must also disclose the ultimate beneficial owner. However, the current reality in Mexico is that the regu- latory authority seldom grants new permits for land- based casinos. As a result, any organisation interested in establishing a land-based casino or offering online gambling must partner with one of the 36 authorised licensees. 4.5 Duration of Licences The Gaming Regulations stipulate that land-based casino licences have a minimum duration of one year and a maximum duration of 25 years, with the option of extension for additional 15-year periods. The spe- cific duration of the licence within these limits is at the discretion of the gambling authority. Licences for operating fairs, as well as temporary off- site horse races and cockfighting betting, are granted for a maximum of 28 days or the authorised event period, whichever applies. 4.6 Application Requirements Applications, along with the required information and documentation, must be submitted to the Bureau at its central offices in Mexico City. All documents must be original and in Spanish, with public documents from other jurisdictions requiring an apostille and offi- cial translation. In general, the following information
• an affidavit stating they have no criminal record or history of bankruptcy; and • a credit report from a credit information company. In addition, legal entities must file: • a copy of the incorporation deed, as well as all modifications thereto; and • balance sheets and statements of income. 4.7 Application Timing No specific timeline is provided in the Gaming Law or Gaming Regulations. However, according to Article 17 of the Federal Law of Administrative Procedure, unless a legal or administrative provision specifies otherwise, the regulator must resolve any application within a maximum of three months. If no resolution is issued within this period, it is deemed a rejection of the petitioner’s request. This rejection can be chal- lenged through a judicial procedure. In practice, the regulator has the authority to request additional documents or information as deemed nec- essary, which often results in the authorisation pro- cess exceeding the initial three-month timeframe set by law. 4.8 Application Fees The Gaming Regulations do not impose any fees for applying for a land-based licence or obtaining special According to Article 5 of the Gaming Law, licence holders are required to pay annual fees, referred to as “participation”, ranging from 1–2% of net gaming revenue, in addition to any other taxes imposed by applicable tax laws. 4.10 Personal Licensing Types of Authorisations and Licences Under Mexican legislation, there are no personal authorisations or licences for gaming and gambling. Nonetheless, it is possible for individuals to obtain raf- fle authorisations, normally for fairs or for commercial or charity purposes (also known as lotteries). authorisation for online gaming. 4.9 Ongoing Annual Fees
and documentation are required: • name, nationality and address; • property and financial statements; • a curriculum vitae;
• professional or patrimonial links with other licence holders, shareholders, advisers, beneficiaries or staff members;
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