New Rules for Fixed-Odds Betting Authorization in Brazil
On Wednesday (22), the Ministry of Finance’s Prizes and Betting Secretariat published Ordinance SPA/MF No. 827 dated May 21, 2024, establishing rules for fixed-odds betting and conditions for commercial exploitation of fixed-odds lottery betting nationwide. Legal entities in Brazil since Law No. 14,790/2023 must comply with new provisions by December 31, 2024, or face penalties starting January 1, 2025. Only legal entities authorized by the Prizes and Betting Secretariat can operate fixed-odds lottery betting nationwide, adhering to Brazilian laws with headquarters and administration within the country. A national entity, subsidiary of a foreign firm, following Brazilian laws with management and headquarters in Brazil, may gain authorization if at least twenty percent of its capital is Brazilian-owned. Branches or subsidiaries of foreign firms abroad are ineligible. Authorization is limited to limited liability companies or corporations. New Ordinance Allows Legal Entities to Operate Up to Three Online Betting Brands for Five Years at R$30 Million The authorization, costing R$ 30 million, allows a legal entity to operate three commercial brands on electronic channels for five years. It’s personal, non-negotiable, and non-transferable. Entities may request authorization following established procedures anytime. SPA/MF may review authorization during mergers, splits, acquisitions, transformations, or changes in corporate control. Operators must submit documentation within thirty days of such changes to prove compliance. Operators can consult SPA/MF before corporate changes to avoid affecting authorization. SPA/MF will analyze such requests within 150 days, ensuring due process. Authorization applications must digitally include documents verifying legal, tax, and labor qualifications, integrity, economic-financial capability, and technical qualifications. Foreign documents must be translated into Portuguese by a sworn Brazilian translator. Legal qualification requires various documents. Economic-financial qualification involves data security, safe betting system operation, integrity, compliance, customer service, and Ministry of Finance communication. Responsible individuals must hold director-level positions. The requesting entity must register with the Commercial Registry under CNAE 9200-3/99, focusing on “Fixed Odds Betting Exploration.” Comprehensive Documentation and Integrity Proof Required for Regulatory Compliance The regulation mandates demonstrating integrity through various documents, declarations, and certificates. These include declaring the lawful origin of resources comprising the entity’s share capital, those of its controllers, ultimate beneficial owners, directors, and legal representatives, including foreign nationals. The entity must submit certificates from the Federal Police, state or Federal District Civil Police, and federal and state courts to prove the absence of convictions barring access to public office. Foreign nationals must provide equivalent documents from their countries of origin. The entity must maintain records proving the lawful origin of resources accessible to SAP/MF. Economic and financial qualification will be assessed through documents and certificates, including proof of a financial reserve of at least R$ 5 million, evidence of fully paid minimum share capital of R$ 30 million, proof of a minimum net worth of R$ 30 million, and a declaration of controllers’ economic and financial capacity (Annex X). Companies established less than a year ago must furnish an opening balance sheet, projected cash flow for the next two financial years, and a report detailing economic and financial assumptions, signed by the financial director or equivalent. Essential Integrity and Financial Requirements for Legal Entities in Betting Sector To operate more than three commercial brands, entities must make additional payments and follow procedures. Each extra authorization requires paying R$ 30 million, establishing a financial reserve of R$ 5 million, paying R$ 15 million in currency, and maintaining a net worth equal to the share capital. To demonstrate technical qualification, the entity must provide either a request protocol or a technical certificate of the betting system from a laboratory recognized by SPA/MF, confirming adherence to specified technical requirements. Comprehensive Compliance and Integrity Requirements for Betting Operators in Brazil The operator must declare (Annex IX) and implement policies, procedures, and internal controls to: prevent money laundering and terrorism financing; promote responsible gambling and prevent gambling disorders; adhere to a code of conduct and promote good practices in advertising and marketing; ensure bet integrity and prevent fraud; manage liquidity risk per SPA/MF payment regulations; maintain IT continuity as per SPA/MF betting system requirements; and establish suitable corporate governance. Additionally, the operator must detail the customer service structure in Brazil, offering support in Portuguese through free electronic and telephone channels, available 24/7 for handling complaints and inquiries. Proof of gaming, betting, or lottery experience is required from at least one member of the controlling group, including three years’ professional experience or current involvement in sector-related companies. Furthermore, evidence of compliance with administrative position requirements, registration on Consumidor.gov.br, affiliation with responsible advertising oversight organizations, and association with national and international bodies monitoring sports integrity to prevent match-fixing is mandatory. Detailed Licensing and Integrity Requirements for Fixed-Odds Betting Operators in Brazil The operator must provide a list of all licenses for the operation and commercialization of fixed-odds betting in other jurisdictions and states, including abroad, for the requesting legal entity or its controllers. This list should include the identification number, issuance date, validity period, and location. Administrators of the requesting legal entity must meet integrity requirements and have at least three years of professional experience in relevant areas or possess a higher education degree compatible with their position. During the evaluation of the authorization request, the Secretariat of Prizes and Betting of the Ministry of Finance may request additional documents or information through the Betting Management System (SIGAP). The requested documents or information must be provided within 15 days of the notification sent through SIGAP. Failure to provide the requested documents or information within the specified period, without justification, will result in the definitive filing of the authorization request. The following proofs may be submitted within 30 days of the notification: payment for the authorization fee, establishment of the financial reserve, full payment of the minimum share capital of R$ 30 million in local currency, a declaration of the lawful origin of the share capital resources, proof of a minimum net worth of R$ 30 million, a technical certificate for those who submitted the request protocol, and implementation of the bettor support system. How
Normative Instruction on Online Betting Social Contribution in Brazil
The Brazilian Federal Revenue Service (RFB) announced a significant change in Normative Instruction on Online Betting RFB No. 2,005, of January 29, 2021. The amendment, published in Normative Instruction RFB No. 2,188, of April 29, 2024, concerns the “social contribution incident on the lottery modality called fixed-odds sports betting.” In other words, this change has direct implications for bettors and the sports betting market as a whole. Let’s better understand what this means. How Normative Instruction on Online Betting Change Directly Affects the Sports Betting Market The social contribution is a tax that applies to the lottery modality called “fixed-odds betting.” Thus, this modality is regulated by item IV-A of § 1º-A of article 30 of Law No. 13,756, of December 12, 2018. Therefore, the contribution is calculated monthly and must be reported in the Federal Tax Debts and Credits Statement (DCTF), under the Social Contributions group. The payment of the social contribution must be made by the 20th day of the month following the calculation. Therefore, payment is made through the Document for Federal Revenue Collection (Darf), with revenue code 9197. If there is no banking business on the 20th, the payment deadline is postponed to the immediately subsequent business day. The inclusion of the social contribution in the DCTF represents an important change for the sports betting market. It implies greater transparency and control over betting operations, which can contribute to the sector’s security and reliability. Moreover, the change can also impact tax revenue, as the social contribution is a source of revenue for the government. The new Normative Instruction comes into effect on the date of its publication in the Official Gazette of the Union. Therefore, it is important for bettors and companies in the sector to be aware of these changes and comply with the new rules. Read more here Need Help for Normative Instruction on Online Betting Understanding? We’re here to help. Send us a message and ond our consultants will talk to you! Originaly posted by igamingbrazil.com by Paulo Cardoso
Restrictions On Financial Transactions In Brazilian Betting Sector
On April 18, 2024, the Brazilian Secretariat of Prizes and Betting of the Ministry of Finance (SPA/MF) published Normative Ordinance SPA/MF No. 615, with the general rules to be observed in payment transactions carried out by betting operators. Among these rules, there are several restrictions for the sector. The prohibitions established in this Ordinance are as follows: See the main points of the restrictions on financial transactions in the brazilian betting: To understand the Normative Ordinance, consult EGS Digital Services. You’ll find the best support for the iGaming business. Licenses, platforms, compliance, bank accounts, and various services to boost your business. Font: Google
New Financial Rules for Transactions In Brazil in the iGaming
The Brazilian Ministry of Finance has implemented financial rules for transactions in Brazil for sports betting and online gaming, so it could enhance security and transparency. Below are the main points of ordinance 615/2024: Safety for Bettors The regulation aims to safeguard Brazilian citizens participating in sports betting or online gaming by overseeing fixed odds betting operators nationwide. Regulated Money Flow The ordinance details the flow of money in bets authorized by the Ministry of Finance, from the transfer of funds to the payment of prizes. Authorized Payment Methods Transfers via PIX, TED, debit cards, or prepaid cards are allowed. However, funds must originate from the registered account with Bet. As a preventive measure against indebtedness, cash deposits, bank slips, cryptocurrencies, or credit cards are not accepted. Prize Payment Deadline Bets have up to 120 minutes after the conclusion of the sports event to pay out prizes to bettors. Therefore, they must be prepared for this. Segregation of Funds The regulation ensures the segregation of bettors’ and operators’ funds, preventing players’ funds from being used for operational expenses or operator debts. Mandatory Financial Reserve Authorized operators must establish a financial reserve of R$ 5 million. So, this reserve ensures payment of prizes and other obligations to bettors, especially during insolvency or illiquidity. To access top-tier services in the igaming industry, visit EGS Digital. Speak with our consultants today to learn more. Font: Google
