Luke Attard
Establishing a gaming entity in Malta is attractive for an abundance of reasons that confidently include the facts that Malta is an EU member state offering attractive tax systems, has the Euro as its currency, is geographically positioned at the centre of the Mediterranean and is represented by a diverse, highly skilled and multilingual workforce driven by a professional work ethic.
BDO Malta has, for several years, acted as consultants, tax advisers and auditors to numerous gaming and betting companies, both private and publicly quoted. We also have extensive experience in advising such businesses during the application process required to obtain a remote gaming licence and accordingly assist with all of the information and documentation required by the Malta Gaming Authority (MGA). We have a package of services to assist our clients through the application process, including the actual incorporation of the gaming company, such as:
- Initial meeting/exchanges with the MGA to outline requirements, discuss strategy for Malta operation;
- Collection, review and collation of due diligence documents;
- Identifying the applicable type/s with respect to the proposed operation
- Assistance with drafting the business plans and financial projections, demonstrating the structure, organisation, systems, governance arrangements and internal control systems of the proposed company which validates that these arrangements, control mechanisms and procedures are proportionate, appropriate and adequate;
- Assistance with drafting the requisite policies and procedures in line with Maltese regulations and the expectations of the MGA.
- Assistance with completing as well as reviewing the application forms, personal declaration forms, and other requisite documentation;
- Submission of licence application and supporting documents for and on behalf of the Company
- Liaison with MGA up to issue of official licence;
- Provide post-licensing compliance support to ensure that the company complies with its obligatory requirements in addition to regular auditing, accounting and taxation matters, we have extensive experience in advising and assisting gaming entities with:
- Business and strategic planning;
- Data-centre requirements;
- Corporate financing;
- Property and corporate acquisitions and disposals;
- IT controls, environment reviews and systems improvement advice;
- Corporate and legal services
BDO’s global organisation extends across 164 countries and territories. Our gaming team is also equipped to assist companies with obtaining foreign gaming licenses in Europe and Canada.
Key functions
Key Functions are important roles within a licensed activity, requiring approval, for direct scrutiny and targeted supervisory controls, thereby raising the bar for persons of responsibility within a gaming operation. BDO Malta has the requisite expertise and experience to undertake Key Function roles, which include inter alia:
- The technological affairs of the licensee, including but not limited to the management of the back-end and control system holding essential regulatory data, and the network and information security of the licensee
- Compliance with the obligations of the licensee as may be applicable by virtue of the Act and any binding instrument issued thereunder
- The legal affairs of the licensee, including but not limited to, matters relating to contractual arrangements and dispute resolution
- The adherence to applicable legislation relating to data protection and privacy;
- Internal audit