Introduction
The gaming industry in Ghana is a fast-growing sector with technology (online gaming) at the centre of it all. Gaming is legal and regulated in Ghana, which is one of the reasons why foreign investors are attracted to the country.
The Gaming Commission of Ghana is the sole regulatory entity to oversee the gambling industry in Ghana, excluding lotteries, which is run by the National Lottery Authority (NLA). The Gaming Commission regulates, monitors and supervises all games of chance in accordance with the Gaming Act, 2006 (Act 721). Licensing for casino, betting operators and other games of chance are done by the Gaming Commission of Ghana.
To obtain a gaming license in Ghana, the following steps must be undertaken:
- Register with the Registrar General's Department
The entity must be an established company registered under the Companies Act, 2019 (Act 992) which governs company incorporation in Ghana. The said company must be a private company limited by shares with one of the directors being ordinarily a resident of Ghana.
- Register with the Ghana Investment Promotion Centre (GIPC)
Entities with foreign participation in Ghana must register with the Ghana Investment Promotion Centre (GIPC). The Ghana Investment Promotion Centre Act, 2013 (Act 865) sets the minimum capital requirement for companies wanting to set up in the gaming industry. This is either in cash, or capital goods or a combination of both.
For sports betting, the minimum foreign capital requirement is US$500,000.00. In case there is a Ghanaian partner involved; the foreigner is expected to invest US$200,000.00. It is the case that the Ghanaian shareholder must hold not less than 10% of the equity.
Currently, the minimum foreign capital requirement is as follows:
- Joint Venture (Foreign & Ghanaian Participation) – US$200,000.00
- Wholly Owned Foreign Business – US$500,000.00
- General Trading Company – US$1,000,000.00
Registering with GIPC guarantees some benefits to the foreign shareholder, including investment guarantees, guarantees against expropriation, transfer of capital, automatic expatriate quotas etc.
- Registering with the Gaming Commission of Ghana
Gaming in Ghana is regulated by the Gaming Commission of Ghana. The requirements laid down by the Commission to obtain a license are as follows:
- The entity must be a limited liability company.
- Must have an identifiable office.
- Must have a service mark or logo registered with the Registrar of Companies.
- Must obtain criminal clearance certificate for all the directors.
- Submit a tax clearance certificate.
- The company must be wholly or partly Ghanaian-owned.
- Must pay a license fee to the Gaming Commission.
- Registering with the Ghana Revenue Authority (GRA)
By law, all incorporated companies in Ghana must register with the GRA for the payment of taxes. Tax clearance certificates are issued to companies upon registration and payment of the initial tax assessment.
- Registering with Social Security and National Insurance Trust (SSNIT)
All incorporated companies are required to register with SSNIT and make contributions for their employees toward their retirement.
- Registering with the Data Protection Commission (DPC)
Data Protection Commission Act, 2012 (Act 843) is an act to protect individual and personal data privacy. All companies that collect personal data from individuals, including those in the gaming industry must register with DPC to have a license to collect such information and know-how to use them.
- Registering with the Metropolitan, Municipal or District Assembly
It is important to note that all incorporated companies in Ghana must pay and obtain permits from the District, Municipal or Metropolitan Assemblies where the business operates.
- Open a Business Account
Gaming companies that have met the minimum capital requirement and issued with a GIPC certificate can operate a corporate account. Transfer of funds out of Ghana is one of the benefits that comes with it.
Gaming companies are required to pay Gross Gaming Revenue (GGR) of 20%. The 2025 budget statement of Ghana saw the removal of several taxes including the 10% withholding tax on betting winnings.
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.
