ARTICLE
12 August 2024

Steps And Processes To Obtain A Gaming License In Ghana.

LS
Legalstone Solicitors

Contributor

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.
The company must first be incorporated under the Companies Act, 2019 (Act 992) which governs the establishment of companies in Ghana.
Ghana Media, Telecoms, IT, Entertainment
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  1. Register with the Registrar General's Department

    The company must first be incorporated under the Companies Act, 2019 (Act 992) which governs the establishment of companies in Ghana. The company must be a private company limited by shares with one of the directors being ordinarily a resident of Ghana.
  1. Register with the Ghana Investment Promotion Centre (GIPC)

    Gaming companies wanting to set up in Ghana must register with the GIPC whereby they must meet a minimum capital either in cash or cash equivalent. Thus, for sports betting, the minimum foreign capital requirement is US$500,000.00. If a Ghanaian partner is involved, the foreign investor must invest at least US$200,000.00.
  1. Register with the Gaming Commission of Ghana

    The Gaming Commission of Ghana is the regulator for gaming operators in Ghana. There are requirements to meet to obtain a gaming license from the Commission. First, the company must be a limited liability company. Second, the company must have an identifiable office, and third, the company must have a service mark or logo registered with the Registrar of Companies. It is worth noting that the company must above all things must have the required minimum stated capital either in cash or cash equivalent.

    Other requirements necessary to obtain a license are;
    • Obtain a criminal clearance certificate for all company directors.
    • Submit a tax clearance certificate.
    • The company must be wholly or partly Ghanaian-owned.
    • The company must pay a Licence fee to the Gaming Commission.

Other Mandatory Institutions

Aside registering with the above key institutions, there are other institutions gaming companies wanting to set up in Ghana must register with. They are;

  1. The Ghana Revenue Authority (GRA) – Registering with GRA is essential for the payment of taxes. Companies are issued with tax clearance certificates upon registration and payment of the initial tax assessment.
  2. Social Security and National Insurance Trust (SSNIT) - All incorporated entities to register and make a contribution for their employees towards their retirement.
  3. Data Protection Commission (DPC) – Gaming operators must register with DPC to have a license to collect personal data from individuals.
  4. Metropolitan, Municipal or District Assembly – All incorporated companies must pay and obtain permits from the District, Municipal or Metropolitan Assembly where the business operates.

Furthermore, all incorporated businesses that have met the minimum capital requirement and issued with a GIPC certificate can open a business account. The benefit that comes with it includes transfer of funds out of Ghana.

Also, incorporated companies are to fulfil their corporate responsibility to the government by paying taxes.

Gaming companies are required to pay Gross Gaming Revenue (GGR), Withholding taxes on punters winnings, among others.

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. Legal advice about your particular circumstances should always be sought separately before taking action based on this publication.

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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