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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.
