ARTICLE
27 November 2023

Guide On How To Obtain A Gaming Licence (Sports Betting) In Ghana.

LS
Legalstone Solicitors

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Legalstone Solicitors is a top-tier boutique law firm in Ghana, uniquely positioned to help clients achieve their business needs. Its client-focused approach to legal services means clients are assured of technical savvy and reliable legal assistance that guarantees the best results. The firm leverages its talent, innovation and core values to sustain client’s business needs in Ghana and Africa. Its focus is to be the best at providing clients with quality, unmatched legal services. The firm relentlessly pursues the delivery of outstanding results for clients, and represents what clients look for in a law firm- a genuinely committed firm deeply rooted in honesty and integrity. It provides services in the field of gaming law, corporate and commercial, corporate immigration practice, metals and mining, debt recovery and restructuring, real estate, family law, and international commercial arbitration. The firm offers competitive, affordable and practical commercial advice to a broad spectrum of clients.
Obtaining a gaming license for sports betting in Ghana involves a thorough process that requires adherence to regulations from key government agencies.
Ghana Media, Telecoms, IT, Entertainment

Obtaining a gaming license for sports betting in Ghana involves a thorough process that requires adherence to regulations from key government agencies. Here's a breakdown of the process:

1. Registration with Registrar General's Department:

  • Incorporate a Company: The entity must be an incorporated Ghanaian company under the Companies Act, 2019 (Act 992).
  • Private Company Limited by Shares: The structure for a sports betting business should be a private company limited by shares.
  • Board of Directors: Appoint a minimum of two directors who are natural persons over 18 years, with at least one being ordinarily resident in Ghana.
  • Company Secretary and Auditors: Appoint a company secretary, who may be a barrister or solicitor, and the first auditors.
  • Business Name: Choose a business name, confirm its availability, and register with the Ghana Revenue Authority for a tax identification number (TIN).
  • Constitution: Prepare and sign a constitution stating essential details about the company.

2. Registration with the Ghana Investment Promotion Centre (GIPC):

  • Certificate of Compliance: After receiving the certificate of incorporation, apply for a certificate of compliance from the GIPC.
  • Minimum Capital Requirement: For sports betting, the minimum foreign capital requirement is $500,000. If a Ghanaian partner is involved, the foreign investor must invest at least $200,000.

3. Registration with the Gaming Commission of Ghana:

  • Company Requirements: The organization must be a limited liability company, have an identifiable office, and a registered service mark or logo.
  • Minimum Stated Capital: The minimum capital requirement for sports betting is $2,000,000.
  • Criminal Clearance Certificates: Obtain criminal clearance certificates for all directors, submit a tax clearance certificate, and ensure the organization is partly or wholly Ghanaian-owned.
  • License Fees: Pay the license fee to the Gaming Commission

4. Additional Mandatory Registrations:

  • Ghana Revenue Authority: Register for tax purposes and obtain a tax clearance certificate.
  • Social Security and National Insurance Trust (SSNIT): Register and contribute for employees' retirement benefits.
  • Data Protection Commission: Register to collect and process personal data legally.
  • Business Operating Permit: Obtain a permit from the local assembly where the business operates.
  • Business Account: Open a corporate account with the minimum capital requirement.

5. Tax Liabilities:

  • Understand and comply with Ghana's tax structure, covering individual and corporate income taxes, Gross Gaming Revenue, and Withholding Taxes among others.

6. Legal Compliance and Reporting:

  • Ensure ongoing compliance with all regulatory requirements.
  • Regularly report to the relevant authorities as stipulated by the Gaming Commission and other regulatory bodies.

Important Notes:

  • Joint Venture: Sports betting may require a joint venture, and foreign entities must comply with GIPC standards for joint ventures.
  • Fees: Be aware of the various fees associated with registration, licensing, renewal, and operational aspects.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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