SWITZERLAND Law and Practice Contributed by: Simon Planzer and Florian Furger, PLANZER LAW
be extended or renewed. With regard to large-scale games, the operator’s licence and game authorisa- tions ( Veranstalter- und Spielbewilligung ) may be lim - ited in time and renewed; the same is true for small- scale games ( Kleinspiele ). 4.6 Application Requirements According to Article 8 of the Gaming Act, a licence for casino operations may be granted in the following • is a public limited company under Swiss law and its share capital is divided into registered shares; • presents a security concept and social concept; • submits economic viability calculations that cred- ibly show that the casino is economically viable; • sets out the measures to be taken to create the conditions for the proper assessment of the casino duties; and circumstances. • The applicant: • presents the economic benefits of the casino for the region in a report.The applicant and its main business partners, as well as their beneficial own- ers and the holders of shares and their beneficial owners, have a good reputation and provide a guarantee of proper business conduct and inde- pendent management. • The applicant, the holders of shares, the beneficial owners of the shares, and, at the request of the ESBK, the most important business partners have sufficient funds of their own and can prove the law- ful origin of the available funds. • The by-laws, the organisational structure, and the contractual obligations guarantee the proper and independent conduct of the casino business. • The canton and municipality, in which the location is situated, support the operation of a casino. Large-scale games such as lotteries, sports betting, and skill gaming require inter-cantonal authorisation and are subject to supervision by the inter-cantonal authority Gespa. Small-scale games only require can- tonal approval. While the Gaming Act further outlines the conditions under which operations of large-scale lotteries and betting can be authorised, the cantons have de facto monopolised this sector, and Gespa cannot grant further licences to other applicants. The
conditions outlined under Article 22 of the Gaming Act are therefore of interest primarily to skill game operators. Such authorisation can be granted if the operator: • is a legal entity under Swiss law; • enjoys a good reputation; • outlines its economic situation; • discloses any financial or other form of participa- tion in other companies; • proves the lawful origin of the available funds; • guarantees impeccable management and its inde- pendence vis-à-vis third parties; • has sufficient funds and guarantees that the win- nings are paid out to the players; and • has a security concept and a social concept. Key Differences Between Application Requirements for Land-Based and Online Operators According to Article 9 of the Gaming Act, the fed- eral government may extend the land-based casino licence to include the right to conduct casino games online if the applicant fulfils the conditions set out in Article 8 (1)(a)(1) to (4) and (b) to (d) with regard to the online offer. Such application may also be submitted during the ongoing licence term. Various technical requirements must be met in order to be allowed to offer online casino games. According to the Gaming Ordinance, the EJPD can issue technical require- ments, notably in relation to games, jackpots, online gaming platforms, jackpot systems, the electronic accounting and control system (EAKS), and the data recording system (DZS). It is noteworthy that the international business part- ners of land-based casinos and lotteries do not need to seek establishment in Switzerland, but online skill gaming operators must do so in order to qualify for an authorisation. Key Application Requirements for Directors, Owners, or Senior Management The main business partners of casinos must, inter alia, fulfil the following criteria. • Good reputation – the main business partners must, in principle, fulfil the “good reputation”
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