Michael Killourhy
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
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Insight
29 October 2021
British Virgin Islands
The Gaming and Betting Control Act 2020 (the Gaming Act), which commenced on 9 July 2021 and was further amended in October 2021, seeks to legalise and regulate gaming and gambling activities which were previously banned in the British Virgin Islands (BVI).
Gambling Commission
The Gaming Act provides for the establishment of a Gambling (Gaming and Betting) Control Commission to regulate and oversee gambling and gaming under the Gaming Act.
Activites requiring a licence
Pursuant to the terms of the Gaming Act, a person conducting any of the following activities must have a licence from the proposed Gaming and Betting Control Commission (the Commission):
However, as there is no territorial limit expressly set on where these activities can be conducted, the licensing requirements under the Gaming Act might arguably apply to any BVI incorporated company actively engaged in gaming activities even if such activities take place outside of the BVI.
License categories
There are a several categories of licence that can be applied for:
The categories of licence are helpful, as they add detail to the activities that require licensing, and the last category shows that the Commission may amend and add to the list as required. Any BVI companies involved in gaming activities should assess if they now require a licence following the Gaming Act's enactment.
Comment
The Gaming Act provides further detail on the specifics of which companies and individuals will require licences within the operation of a gaming business and on the different aspects of gaming and betting within the gaming industry. The Gaming Act sets out definitions that go into some detail on gaming, gaming establishment, gambling machines and more. A careful review of the definitions will be required when determining how the Gaming Act may affect businesses acting in that industry.
Michael Killourhy
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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