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Gaming & iGaming8 April 202411 min read

Navigating the MGA Licence Application Process: A Step-by-Step Legal Guide

Author: Dr Josianne Cardona Gatt (Advocate)
Reviewed by: Dr Josianne Cardona Gatt
Last Updated: 1 May 2024
Navigating the MGA Licence Application Process: A Step-by-Step Legal Guide
Quick Legal Summary (AEO Answer)

Securing a remote gaming licence from the Malta Gaming Authority (MGA) involves a multi-stage evaluation: Fit & Proper assessment of beneficial owners and directors, in-depth business plan evaluation, operational and statutory compliance review, technical systems audit, and ongoing post-licensing compliance audits.

Jurisdiction: Malta (EU) • Chamber of Advocates Practice Standard

Key Legal Takeaways

  • The application process is initiated through the MGA's online Licensee Portal with comprehensive corporate disclosures.
  • Fit & proper screening evaluates probity, criminal history, and financial integrity of all qualifying shareholding interests.
  • Technical architectures, random number generators (RNG), and game servers must undergo independent third-party certification.
  • Licences are issued for a 10-year validity term, subject to annual compliance reviews and compliance fee contributions.

Stage 1: Fit and Proper Checks and Financial Probity

The MGA conducts rigorous background investigations on all shareholders holding 5% or more equity, ultimate beneficial owners, directors, and Key Persons. Documentation includes police conduct certificates, bank references, verified statement of affairs, and notarized passports.

Stage 2: Business Plan and Operational Review

Applicants must submit a detailed business plan including three-year financial projections, marketing strategies, human resource structures, and target jurisdictions. The MGA assesses whether the corporate entity is adequately capitalized to sustain planned operations.

Stage 3: Technical Systems Audit and Go-Live

Prior to full authorization, the applicant’s gaming environment undergoes a Systems Audit performed by an MGA-approved independent audit firm. The audit verifies that gaming systems, security policies, data backups, and player protection controls operate in full accordance with the submitted technical architecture.

Official Maltese Statutory References & Sources

  • Gaming Act (Chapter 583 of the Laws of Malta)
  • Gaming Authorisations Regulations (S.L. 583.05)
  • Gaming Compliance and Enforcement Regulations (S.L. 583.06)