Malta Gaming License

A gaming license in Malta is a label of quality and trust among the world gaming licenses and one of the best markets to start a business in the gaming area. We are talking not only about obvious benefits that come into force after obtaining a Malta gaming license but also about implicit advantages such as easy contracting with third-party companies. As the first EU country to set up an online gaming regulation, a Maltese gaming license enables one to open bank accounts in respectful EU authorities and obtain much broader opportunities to set up and place games from the most famous and reliable gaming software providers.
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Advantages of the Malta Gaming License

Tax benefits
The corporate tax in Malta is set up at 35% general tax. But, after shareholders pay all taxes and distribute their dividends, the legal entity is entitled to a tax credit. There are two options:
  • a 6/7 effective of CIT (Corporate income tax) rate is 5% regarding the company’s “active” business income;
  • a 5/7 of effective CIT rate is 10% in regarding “passive” income (including royalties).
The mentioned progressive approach regarding taxes allows the gaming market participants to operate with the Double Tax Treaties and reduce the tax burden.
Sustainability
Malta has been recognised as a full-fledged EU member since 2004. So, we can notice a high level of social development, a fast-growing economy and a pro-business environment. Also, local Government provides transparent and clear requirements for business.
Gaming friendly
Malta is home to most of the world’s leading gaming companies. A lot of famous and trustful businesses set up here including: software providers, payment processors, affiliates, marketing and advertising providers as well.
Player trust
Malta Gaming Authority and its high anti-money laundering level of protection bring to the Maltese gaming market a trust and confidence from worldwide players. The top regulation standards avoid the possible risks and allow gaming operators to involve players from respectful jurisdictions.

Malta Gaming License Requirements

The MGA (Malta Gaming Authority) will evaluate the applicants in accordance with following several criteria.
Fit and proper
The MGA provides a fitness and propriety test on the applicant by analyzing all information and documents received from shareholders, UBOs and key persons as well. Please note, that the investigation process can proceed with a close interaction with other national and international regulatory authorities. So, an applicant should be ready and consider the possible risks related to the mentioned inspection provided by MGA.
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Business Planning
The applicant’s business plan must include a detailed forecast of the planning business activities, inclusive general strategies, plan for growing, achieving company goals and involving as well as distribution services.
Operational & Statutory Requirements

The applicant is examined on the methods required to organize and do business. This process includes checking incorporation documents, company’s policies and procedures, the technical control systems, and the technical setup documents. The MGA also can check network and application architecture, the rules, terms, conditions and procedures of the games. Please note, the applicant is obliged to comply with share capital requirements.
Gaming Service License with Type 1 and 2 are required to contribute a minimum share capital of €100,000. Gaming Service License with a Type 3 and Type 4 are required to contribute a minimum share capital of €40,000.
Critical Gaming Supply License holders are required to contribute a minimum share capital of €40,000. Companies with multiple types are required to contribute €240,000.

System Audit
Once successfully passing the previous stages, the MGA will invite the applicant to implement technical environment requirements. The applicant will be allowed 60 days, to complete the mentioned operation. At any point within those 60 days, the applicant may submit a request for an external System Audit (provided by an independent 3rd party from the pre-approved list of Service Providers). The System Audit will review the technical environment and will check the submitted policies and procedures. At this stage, the MGA requires no changes to the data and information provided by the applicant. Otherwise, the application can be cancelled, and the applicant will need to prepare a new application to MGA. After successful completion of the certification process, the Authority issues a ten-year license.
Key functions persons
Legal entities which would pass for obtaining a Malta gaming license are required to appoint the persons responsible for carrying out the Key Functions. Such persons will hold a crucial function, role or task in connection with a gaming service or a gaming supply. Mentioned Key Persons are required to be fit and proper in order to carry out their functions. So, it means that they are required to apply for a Key Function Certificate issued by the Authority. Moreover, each applicant must timely notify the MGA about key persons who will perform the key functions. Please note, key functions should be provided only by natural persons. The list of key persons includes the following positions: CEO, Data protection officer, Gaming Operations, Legal Affairs, Compliance, Technology, AML & CFT, and Internal Audit.

Fees and costs

Let’s discuss the total Malta gambling license cost and fees which applicants must pay during the all-stages process proceeding. License Fees for Critical Gaming Supply set up under Gaming License Fees Regulations (S.L. 583.03 of the Laws of Malta). You can find the key provisions below.

Administrative fees
Application Fee for New License  €5000 Paid upon application for a Gaming License 
Application Fee for Renewal of License €5000 Paid upon application for renewal of License
Key Function Certificate  €50 Applicable per role
Transfer of a Qualifying Interest in a Licensee €1500 Paid upon the request for the transfer
Conversion to a Corporate License or changes to any of the Corporate Entities €1500 Paid upon application for such changes
Annual maintenance fee for a Recognition Notice €5000 Paid yearly in advance
License and Compliance Dues
A Legal entity applying for a license issued by the MGA shall pay a fixed annual license fee. Licensees shall also pay the compliance contribution depending on the type of license issued by the Authority.
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B2C

Fixed Annual License Fee:
  • Non-refundable Fixed Annual License is set up at €25,000
  • Non-refundable Fixed Annual License Fee for operators providing solely Type 4 gaming services is set up at €10,000.
Compliance Contribution for Gaming Service License :
  • B2C – Type 1 Gaming Services (Minimum €15,000; Maximum €375,000)
  • B2C – Type 2 Gaming Services (Minimum €25,000; Maximum €600,000)
  • B2C – Type 3 Gaming Services (Minimum €25,000; Maximum €500,000)
  • B2C – Type 4 Gaming Services (Minimum €5,000; Maximum €500,000)
Please note, that the total Compliance Contribution depends on the revenue per year. MGA set up a flexible approach and the mentioned fee is determined as a percentage of total revenue. For instance, if it comes to the Type 1 Gaming Services B2C license, and total revenue is up to €3000000, we can consider 1.25% as a Compliance Contribution fee. So, if the total revenue per year is more than €10000000, the 0.60% rate would be applicable.

B2B – Critical Gaming Supply

Critical Gaming Supply (Supply & manage material elements of the game)

Annual Revenue Fee Where annual revenue does not exceed €5,000,000

€25,000 

Annual revenue exceeds €5,000,000 but does not exceed €10,000,000

€30,000 

Annual revenue exceeds €10,000,000 €35,000

€10,000

License Fee for Providers supplying solely Type 4 gaming supplies

€10,000

Critical Gaming Supply (supply & management of software)

>Where annual revenue does not exceed €1,000,000

€3,000

Where annual revenue in excess of €1,000,000

€5,000

Gaming tax

Please note that 5% Gaming Tax is applied on Gaming Revenue generated from Malta-based players per year. This rule is defined in Gaming Tax Regulations (S.L. 583.10 of the Laws of Malta).

How do I get a gambling license in Malta?

As we described above, the process of obtaining a Maltese gambling license includes complex phases and stages that requires an appropriate experience, special skill-set and general gambling market knowledge. If it comes to starting from scratch, business decision-makers will face a lot of underlying potential problems and unexpected issues. In this relation, the best decision is to rely on the professionals.
Fintech Harbor lawyers can give You a hand with the full-stage process and preparation of all necessary paperwork. Don’t hesitate to contact us in case of any questions regarding obtaining a gambling license in one of the most respectful and trustful jurisdictions in the world.

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Please provide the date and time to contact you (according to your local time)
*Your contact information will be used for our inner purposes and only with the aim to provide you with the best business solutions.