The Gaming Commission of Ghana is the regulatory entity entrusted to oversee the gambling industry in Ghana. The Gaming Commission regulates, monitors, and supervises all games of chance in accordance with the Gaming Act 2006 (Act 721). Therefore, the licensing for persons who wish to operate route games must apply to the Gaming Commission of Ghana.
For an established company or entity to qualify for a route operation license, the following must-do-steps must be taken:
- The company must be an established company registered under the Companies Act, 2019 (Act 992).
- The company must be registered with a minimum capital of US$ 1,500,000.00 and must agree to maintain an amount of cash or cash equivalent determined by the Gaming Commission of Ghana.
- Registering with the Ghana Revenue Authority (GRA) and obtaining a tax clearance certificate is a must. The tax clearance certificate is a must do requirement of the application process.
- The company must register with the Social Security and National Insurance Trust (SSNIT) and obtain a SSNIT clearance certificate. The SSNIT clearance certificate is a mandatory requirement of the application process.
- The company must have an identifiable office.
- The company must have a service mark logo registered with the Registrar of Companies in Ghana.
- The company shall be partly or wholly Ghanaian owned. Section 14 of the Gaming Act, 2006 (Act 721) makes it mandatory for the company to be partly or wholly Ghanaian owned.
- The directors of the company shall be submitted to criminal background checks by the Criminal Investigation Department (CID) of the Ghana Police Service.
Further, as part of the application process, the entity is expected to provide the following additional documents:
- Shareholders agreement.
- Financial and marketing plan that details the following.
- Evidence of financial capability to generate the business.
- Capital budgets.
- 5-year financial projection and the assumptions made in considering the figures.
- Marketing and financial plan.
- The Directors shall submit a Personality Note (PN) and Anti-Money Laundering (AML) policy document.
Based on the satisfactory reports received from the Security Agencies and the documents submitted, and the Commission having satisfied itself with the fit and proper test, a Gaming license for operating a route shall be issued to the company or entity.
Non-transferability of license
Pursuance to Section 19 of the Gaming Act, an entity granted with a license shall not transfer the license to another entity. It is therefore a non-negotiable condition in the grant of the license.
Duration of license
A license granted under Section 43 of the of the Gaming Act is valid for twelve months from the date of issue; that been the case, a license to operate route is renewable annually.
Local Legal Representatives (LLR)
It is advisable for an entity, be it an individual or corporate body seeking to set up an entity to operate gaming, to submit to the industry’s regulatory regime. As such, it is expedient for a company in Ghana to have access to legal representation for timely legal advice. The legal representative must be a lawyer with in-depth knowledge and workings of gaming law.
Legal Notice
The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your particular circumstances should always be sought separately before taking any action based on this publication.
© Legalstone Solicitors LLP
