International Association of Gaming Regulators Multi-Jurisdictional Business Form Guidance Notes

Transcription

1 Operating Licence International Association of Gaming Regulators Multi-Jurisdictional Business Form Guidance Notes Who should complete this form? Anyone who wishes to provide facilities for gambling or manufacture, supply, install, repair or adapt a gaming machine or gambling software (unless an exception applies) needs to apply for an Operating Licence from the Gambling Commission. Submitting this form alone is not sufficient to apply for an Operating Licence from the Gambling Commission. You MUST also complete and submit the British Gambling Commission Rider. Your application will not be considered unless both forms have been submitted. Before completing this form please check whether you require an Operating Licence. Information about the need for a licence is available on our website or by contacting our Contact Centre on An Operating Licence is either remote or non-remote. Operators may hold a single activity Operating Licence or a Combined Operating Licence authorising more than one gambling activity. However, a licence can only contain remote or non-remote activities and not a mixture of the two different types. An operator can hold both remote and non-remote licences but they will always be separate licences. General information This guidance has been written to help you complete the International Association of Gaming Regulators (IAGR) Multi-Jurisdictional Business Form when making an application to the Gambling Commission for an operating licence. Please read this document carefully before you attempt to answer any questions. If there are any changes to your circumstances or if any of the information contained within this form changes during the period between submitting your application and your application being determined, (for example, if you are charged with or convicted of an offence) you must notify the Gambling Commission immediately. Your application will not be considered unless all relevant questions have been completed and the application fee has been paid in full. Failure to provide the relevant information or to provide further information when requested by the Gambling Commission may result in your application being determined based on the information available at the time which may affect the outcome of your application, including whether a licence can be granted. If you misrepresent, or fail to reveal information that you are asked to provide, you may have committed an offence under Section 342 of the Gambling Act What the Gambling Commission expects from applicants for licences The Gambling Commission expects applicants for licences to: Be able to demonstrate that they can meet the Gambling Commission s suitability assessment; Ensure that the activities they plan to carry out will be conducted in a manner which minimises the risks to the licensing objectives; Work with the Gambling Commission in an open and cooperative way; and Disclose to the Gambling Commission anything which we would reasonably expect to know. How is your application assessed? The Gambling Commission will take a number of factors into consideration whilst processing your application. Your application will be assessed against five basic areas: Identity and ownership The identity of the applicant and any person(s) relevant to the application will be established and verified using appropriate official documentation. The ownership of a corporate applicant will be investigated and all major shareholders identified. The Gambling Commission will check company and director records to ensure that the correct entity is being licensed, and also to check any related companies or directors. The Gambling Commission will also wish to establish who benefits from the gambling services and facilities provided, and therefore requires that any shareholder with a 3% or more share is listed and that those with over a 10% share complete an Annex A form to enable further checks to be carried out on them. If the beneficiary of any business is a Trust, we will require details of the beneficiaries of that Trust. If the applicant is a company based overseas, or part of the company structure is based overseas, we require a full description of the company structure, and may carry out checks with overseas regulators. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 1 of 27

2 Finances The past and present financial circumstances of the applicant and any person(s) relevant to the application will be investigated in order to ensure that sufficient resources are in place to carry out the licensed activities. The source of funding for the applicant, their business plan, and their projections of future financial performance will also be used to assess this application. The Gambling Commission will ask for accounts from existing businesses or financial projections where the applicant is a new business. Our main focus is on assessing the source of funding and the resources likely to be available to enable a licensee to carry on the licensed activities. Integrity The integrity of the applicant and any person(s) relevant to the application will be assessed using a variety of means. The Gambling Commission will consider whether the information it collects raises any concerns about integrity. This includes an assessment of an applicant s criminal record, and any past involvement in civil or regulatory investigations or proceedings. We will also consider the manner by which the applicant has conducted their business with specific regard to the provision of gambling in other jurisdictions. The Gambling Commission will also review any complaints about the applicant and/or investigations by other regulators, and we will investigate any history of business failure. Competence The experience, expertise, and qualifications of the applicant and any person(s) relevant to the application will be taken into consideration when rating their overall competence to hold an Operating Licence and minimise the risks to the licensing objectives. The Gambling Commission will take up references and may review the CVs of the applicant or other relevant persons to assess their work experience and the training they have received which demonstrates their competence to carry out the role required of them. Criminality Any prior offences committed by the applicant and any person(s) relevant to the application will be taken into account when assessing an application for an Operating Licence. Any previous offences do not mean that the application will automatically be refused. Each case will be considered on its individual merits, and consideration will be given to the seriousness, relevance and date of the conviction. In evaluating the seriousness and relevance of an offence, the Commission s assessment will focus on whether the conviction has a potential bearing on suitability to hold a licence and will have regard to the public interest, which includes taking account of: The protection of the public; The maintenance of public confidence; The importance of upholding proper standards of conduct and competence by licensees. These will be assessed using both the information provided as part of the application and also information available from other sources (eg government departments, overseas regulators). Further information on how your application is assessed can be found in the Licensing, Compliance and Enforcement Policy Statement which is available on our website For every application, the Gambling Commission has the power to: Grant a licence on a remote or non-remote basis; Limit the scope of licensed activities that can be carried out in accordance with a licence; or Refuse a licence where there are reasons to do so. What the Gambling Commission expects from licensees: The Gambling Commission has three licensing objectives: Preventing gambling from being a source of crime and disorder, being associated with crime and disorder, or being used to support crime; Ensuring that gambling is being conducted in a fair and open way; and Protecting children and other vulnerable persons from being harmed or exploited by gambling. The Gambling Commission expects licensees to conduct their gambling operations in a way that does not put these licensing objectives at risk. The Licence Conditions and Codes of Practice (LCCP) are designed to ensure this. The Gambling Commission also expects those holding licences to: Conduct all their business lawfully; Conduct all their business with integrity; Act with due care, skill and diligence; Take care to organise and control their affairs responsibly and effectively, and have adequate systems and controls to minimise the risks to the licensing objectives; Maintain adequate financial resources; Have due regard to the interests of customers and treat them fairly; Have due regard to the information needs of customers and communicate with them in a way that is clear, not misleading, and allows them to make a properly informed judgement about whether to gamble; Manage conflicts of interest fairly; Work with the Gambling Commission in an open and cooperative way; and Disclose to the Gambling Commission anything which we would reasonably expect to know. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 2 of 27

3 Completing the form This form is designed to be completed electronically as it contains information fields which will only appear when the relevant cross box for the question has been selected. For example: A number of questions within the form have two cross box options to enable you to provide a response to the question. Some questions have Check this box to add fields and Not Applicable as the two options. Whereas a number of other questions have Yes and No as the two options. When the Check this box to add fields cross box or Yes is selected the form will expand to show additional fields which must be completed. Where you have multiple sets of information to provide, select the Add button, this will expand the form further to show another set of fields. You can select Add multiple times until you have sufficient sets of fields to provide all of the required information. Due to the functions of the form (as shown above) it is not designed to be printed and completed manually. However, if you do wish to print it, please go through the form and select all of the relevant cross boxes to expand the questions sufficiently to allow you to provide all of the required information prior to printing the form. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 3 of 27

4 Summary of Application The Summary of Application is designed to pull data from Section A of the Multi-Jurisdictional Business Form, therefore please complete only the fields indicated below. Please indicate what type of business registration number you have provided. FEIN = Federal Employer Identification Number for an organisation registered in the United States. UEN = Unique Entity Number for any organisation registered in Singapore Others for any organisation registered elsewhere. Please indicate the type of application. Please note, Renewal is not applicable for the Gambling Commission. Please select United Kingdom for the State or Jurisdiction of Application. The Application ID and Licence ID are only applicable for updates of outstanding applications. For all other circumstances please select NIL. The Gambling Commission does not require you to complete the Name of Associated Company section. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 4 of 27

5 Section A: Applicant General Information Question A1 Please provide the name of the applicant (operator name). Where this is an individual please provide the full name of the individual. Where this is a partnership please provide the full names of all of the partners. Where this is a registered company please provide the registered name of the company, not any trading names which may be used. Question A2 Please provide the registered address of the applicant (if applicable) and the head office address of the applicant. Registered address: if the applicant is registered with an organisation such as Companies House, the Charity Commission or an overseas equivalent, please provide the address the business has registered with this organisation (do not provide the address of the organisation you are registered with). Please note the registered address is not required for sole proprietors or partnerships (excluding Limited Liability Partnerships). Head office address: this is required for all applicants. Your head office address should be the main address you trade from and/or carry out administration duties from. This address will appear on your Operating Licence and will be used to issue annual fee invoices, regulatory documentation, etc. For sole proprietors your head office address should be your home address, not the address of your accountant or similar. If the address types in the drop down list are not applicable, please select NIL from the bottom of the list. To add the head office address and any additional premises, select the Check this box to add fields cross box. This will expand the form to show the address fields you must complete for your head office address. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 5 of 27

6 Question A3 Please provide the business telephone number and fax number for your head office address, the business website address, and the full name and address of the person with whom the Gambling Commission should correspond with regarding all matters relating to your Operating Licence (if your application is successful). If you wish to have a separate contact for the application this information can be provided within the British Gambling Commission Rider. Please also provide the details of an alternative person the Gambling Commission should correspond with if the main contact is not available. Question A4 Please provide the entity type of the applicant, such as sole proprietor, partnership, private limited company, noncommercial society, etc. and the date of incorporation. If the applicant is a sole proprietor the date of incorporation will be the date you established the business. If the applicant is a partnership the date of incorporation will be the date the Partnership Agreement was formalised. If the applicant is registered with an organisation such as Companies House, the Charity Commission or overseas equivalent, the date of incorporation is the date you were formally registered with the organisation. In addition to the above information, the Gambling Commission requires identification documents for the applicant entity. If the applicant is an individual we require personal identification documents (please see the Personal Licence Application Form Guidance Notes or Annex A Personal Declaration Guidance Notes for details). If the applicant is a partnership we require the Partnership Agreement and any amendments thereto. If the applicant is a registered organisation such as a private limited company, a non-commercial society, a corporate body, etc. we require the Certificate of Incorporation, Constitution, Memorandum of Association, Articles of Association or any other constitutional documents, as applicable, and any amendments thereto. Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation, and provide the document name and/or brief description of the document in the Attachment Description text box. Question A5 Please provide the country in which the applicant was registered/established (country of incorporation), the address of the organisation the applicant is registered with (place of incorporation), such as the address of Companies House, Charities Commission or overseas equivalent and the applicant s registration number. Please note, sole proprietors and partnerships (excluding Limited Liability Partnerships) are not required to provide a registration number or the place of incorporation. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 6 of 27

7 Question A6 In order to assess the financial aspect of an application the Gambling Commission requires a business plan. The information provided here should enable us to gain an overview of the applicant's business, its plans within the gambling industry, and identify the financial resources available to the business. The following is not an exhaustive list, but outlines the type of information that should be considered when providing a business plan: How will the initial set up of the business and the first 12 months trading be funded? (eg profits, personal wealth, banking facilities, parent companies.) What will be the main activity of your business? Are there any plans to change it in the next year? (eg introduce new licence activities.) What services will you deliver? (eg how many machines do you offer, how many gaming tables do you have, what types of lottery do you run?) Who will your target clientele be? (eg regular local clientele, holiday makers.) What is the size of your operation? How many premises will you have? How many employees will you have? Where will you operate from? (eg home, pitches, premises.) Which jurisdictions do you currently provide, or intend to provide, gambling services or facilities to? If you do not hold a licence, permit, or authorisation for any of these jurisdictions, please provide an explanation as to why you do not hold a licence, permit or authorisation. What are the business objectives for the next year? (eg do you intend to continue in a steady state, do you intend to expand?) What management and financial controls are in place? What is the company structure, including any group relationships? (A commentary should be provided within the business plan whilst a diagram of the group structure should be provided as part of question A9) What are your financial projections for the next year and the underlying assumptions for these? (A commentary should be provided within the business plan whilst your projections should be provided as part of the Gambling Commission Rider.) What criteria will you use to measure success? (eg spend per customer, footfall, profit margin.) If the applicant is a new business and has prepared a business plan for the purposes of securing funding, then this may be submitted, or the information can be provided in the text box. If the applicant is a new company or is planning on entering the Great Britain market for the first time, then the applicant must also ensure they specify when they will commence trading in Great Britain. Please note this text box will expand down the page to accommodate all of the information you wish to provide. Question A7 Please provide details of any previous names or aliases the applicant (or any related company) has been known as. Please also provide details of all current and previous trading names and/or trademarks the applicant, its holding company, parent company, and any other related companies have used over the past 3 years. Please note the Employer Identification Number/TIN number is only required for United States entities. To add any trading names or trademarks, select the Check this box to add fields cross box. This will expand the form to show additional fields. If you have more than one trading name or trademark to add, please select the Add button. This will expand the form further to show another set of additional fields. You can select Add multiple times until you have sufficient sets of fields to provide details of all of the trading names and trademarks used by the applicant and any related companies. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 7 of 27

8 Question A8 Please provide full details of any gambling licence, permit or similar applied for, or held, by the applicant (or any related company) from any gambling regulator within the last 10 years. This should include the name in which the licence or permit is/was held. If the licence is no longer held, please provide the reason for the licence or permit ending and the date it ended. This information should be provided as an attachment, please select the Attachment Provided cross box to confirm the information will be submitted and provide the document name or a brief description within the Attachment Description text box. In addition to the above information, the Gambling Commission also requires copies of all licences, permits or similar to be submitted as part of this application. Where a copy cannot be provided an explanation must be given as to why it cannot be produced. Please note, we do not require the details of any individuals who are involved in the management or operation of the casino gaming business, or corporate family tree as requested in the final paragraph of this question. Please note, GR refers to the respective Gaming Regulator in your state or jurisdiction of application, ie the Gambling Commission. Please do not provide the information requested within this paragraph. Question A9 Please provide full details of all of the companies within the applicant s current group structure. This should include all sister companies, subsidiary companies, holding companies, and the ultimate parent company regardless of whether they operate within the gambling industry. In addition to the above information, please provide a copy of the corporate family tree (group structure) detailing the relationship of all related companies. To add any companies, select the Check this box to add fields cross box. This will expand the form to show additional fields. If you have more than one company to add, please select the Add button, this will expand the form further to show another set of additional fields. You can select Add multiple times until you have sufficient sets of fields to provide details of all of the companies within the group structure. Please provide details of the activities the company engages in, including any non gambling related activities. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 8 of 27

9 Question A10 Please provide full details of all of the companies which have previously been part of the applicant s group structure over the past 10 years. This should include all dormant, dissolved, and sold companies. Please note the companies detailed in response to question A9 do not need to be detailed here. Please provide details of the activities the company engages/engaged in. Please provide the reason why the company is no longer part of the group structure. If the company has been dissolved, please provide the circumstances surrounding this, including if it was voluntary or compulsory. Question A11 Please provide full details of any individual or organisation who has a 3% or more share in the applicant, along with full details of any individual or organisation who has a controlling interest in, or significant influence over, the applicant. To add any shareholders, select the Check this box to add fields cross box. This will expand the form to show additional fields. If you have more than one shareholder to add, please select the Add button. This will expand the form further to show another set of additional fields. You can select Add multiple times until you have sufficient sets of fields to provide details of all of the shareholders. In addition to the above information, the Gambling Commission requires a diagram detailing the ownership structure. We will use this information to establish the ownership of the applicant until one of the following is reached: The point at which no entity owns 3% or more because the interest in the applicant has been diluted through the corporate layers to below 3%; An identified person; or Another regulated entity that satisfies the Gambling Commission s probity requirements. This is on a case by case basis, but in the past has included shareholders regulated by the Financial Conduct Authority (FCA). Example structures are shown on page 10. The ownership structure will vary between applicants, but should enable us to determine every company or individual who has an interest of 3% or more in the applicant. Where any of the companies within the structure are registered abroad, please provide the registration number of the company and the name of the country in which they are registered. Where there are any trusts or beneficiaries within the structure, the Gambling Commission requires the name and date of birth of all beneficiaries, and evidence of the trust such as a copy of the letter of wishes, registered agents documentation and/or a letter of authority to the trustee. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 9 of 27

10 Question A11 (continued) Example 1. Simple group structure Owners a and b must be named and submit Annex As Owners 1 and 2 must be named and submit Annex As Owner 3 must be named Owner 4 does not need to be named Minority shareholders do not need to be named All parent companies must be named Example 2. Complex group structure Owner 1 must be named Owner 2 must be named and submit an Annex A All parent companies must be named The beneficiaries of the family trust must be named and their date of birth provided if their interest translates into more than 3% in the applicant The beneficiaries of the family trust must submit an Annex A if their interest translates into more than 10% in the applicant IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 10 of 27

11 Question A12(i) Please provide details of any previous registered addresses and previous premises addresses from which the applicant has provided gambling services or facilities in the past 10 years in. Please also provide details of any premises addresses you intend to provide gambling services or facilities from. Registered address: if the applicant is registered with an organisation such as Companies House, the Charity Commission or overseas equivalent, please provide any addresses the applicant has previously been registered to in the past 10 years (not the address of the organisation you were registered with). Please note the current registered address detailed in response to A2 does not need to be detailed here. The registered address is not required for sole proprietors or partnerships (excluding Limited Liability Partnerships). Premises addresses: these are required for all applicants. Gaming machine suppliers do not need to include the premises you supply gaming machines to. Please note you will be asked to provide additional information about these premises in the British Gambling Commission Rider. Question A12(ii) Please provide details of all directors, secretaries, principal executive officers, executive officers and senior management personnel who are involved in the management and operation of the applicant. In addition to the above information, the Gambling Commission also requires a copy of your up to date corporate management structure. Further details of the requirements and an example diagram are provided on page 13. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 11 of 27

12 Question A12(ii) (continued) The Gambling Commission requires a diagram illustrating the corporate management structure for the applicant which details the names of individuals who are involved in the management and operation of the applicant. An example of the type of diagram we require is included on page 13. This diagram will vary between applicants, but it should illustrate the structure of key people within the business, showing reporting lines down to area manager level. Please ensure the diagram includes the nominated officer for anti-money laundering and associated purposes within the structure and that their reporting line is clearly illustrated (further details regarding the nominated officer are provided below). The structure should also identify the people with overall responsibility for the management functions (qualifying positions). The management functions (qualifying positions) are: Overall strategy and delivery of gambling operations; Financial planning, control and budgeting; Marketing and commercial development; Regulatory compliance; Gambling related IT provision and security; Management of the licensed activity for a particular locality or area in Great Britain in which you have five or more sets of premises for which you hold a premises licence; or Management of a single set of casino or bingo licensed premises. A commentary should also be provided within the business plan which gives a summary of the applicant s management and financial controls. This should describe the decision making and reporting procedures and include any contingency plans to cope with any disruptions. You should also state if you intend to change this over the next year and how. Nominated officer for Anti-Money Laundering and associated purposes For the Gambling Commission's purposes the role 'nominated officer for anti-money laundering and associated purposes' refers to the person who would be responsible for the applicant's anti-money laundering (AML), countering terrorist financing (CTF) and Proceeds of Crime Act 2002 (PoCA) activities. Please note, the individual who performs this role may have a different job title, such as Money Laundering Reporting Officer. For ALL casino applicants As part of the Money Laundering Regulations 2007, all remote and non-remote casinos are required to have a nominated officer for anti-money laundering. The nominated officer is responsible for the oversight of all aspects of the operator's anti-money laundering (AML) and countering terrorist financing (CTF) activities at all premises, and they are the focal point for all activity within the operator relating to AML. The individual appointed as nominated officer must have a sufficient level of seniority, and they must hold a Personal Management Licence (PML) issued by the Gambling Commission. Where a nominated officer is temporarily unavailable, another PML holder may deputise. Operators should therefore consider the appointment of a permanent deputy nominated officer. Please note, when there is any change in the identity of the person responsible for the applicant's anti-money laundering procedures and/or suspicious activity reporting, this must be reported to the Gambling Commission. For all other applicants Whilst it is only a requirement under the Money Laundering Regulations 2007 for casino operators to appoint nominated officers, the Gambling Commission recommends that all operators should consider appointing a nominated officer, as this can help them meet their obligations under the Proceeds of Crime Act (PoCA) more effectively. The nominated officer should be of sufficient seniority to make decisions on reporting, which will have an impact on the operator's business relationship with its customers and its exposure to criminal, civil, regulatory and disciplinary sanctions. The nominated officer should also have sufficient responsibility to be allowed access to customer information and the operator's business information to enable informed decisions on suspicious activity to be made. Operators with chains of outlets may have an employee who holds a PML issued by the Gambling Commission who would be suitable to appoint as the nominated officer for that chain. In the case of small or solo operators, a person of reasonable standing in the business can act as the nominated officer. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 12 of 27

13 Question A12(ii) (continued) Question A13 Please provide full details of all current and former officers, directors, partners, trustees, company secretaries, and/or members of the board who have ceased to hold office within the last 10 years. Please confirm their name, date of birth, the position held, and the dates from and to. Please also provide details of the reasons why they are no longer a key person, for example retired, resigned from company etc. Question A14 Please provide full details of all auditors and/or accountants engaged by the applicant for the past 10 years. Please also confirm, as far as you are aware, whether the auditors and/or accountants were ever subject to any investigation whilst engaged by the applicant. Please provide confirmation of whether the auditors and/or accountants were subject to any investigation within the reason for resignation field. If they were/are subject to any investigation, please provide as much detail as possible about the circumstances and/ or reason for the investigation. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 13 of 27

14 Question A15 Please provide full details of any legal advisers, solicitors or consultants you have engaged within the last 10 years. Please also include details of any advice that has been undertaken in connection with this application. Please provide details of any advice undertaken in relation to this application within the service rendered field. Question A16 Please provide full details of any joint arrangements that the applicant has been involved in within the past 10 years in relation to the development, ownership, management, or operation of any gambling related business. If there were multiple entities involved with a particular arrangement, select the Add button to add additional fields to the Joint Venture Entities field. You can select Add multiple times until you have sufficient fields to provide details of all of the entities involved with the arrangement. Question A17 Please provide full details of the shares in the applicant which have been issued, the number of shares per issue, and the value of each share. Where you have purchased or offered securities for sale, please provide details of the security, the value, and the details of the purchaser/seller. Question A18(i) Please select the relevant cross box to confirm if the applicant has any branches which have not been detailed in response to any previous questions in Section A. For the Gambling Commission, a branch is a subsidiary, location, division, department, office, etc. which is established under the applicants operating name. If yes, please provide the name, address, and country of the branch along with full details of the activities carried out at the branch including any non gambling related activities. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 14 of 27

15 Question A18(ii) Please select the relevant cross box to confirm if the applicant has any company, individual, or agent who acts on their behalf which have not been detailed in response to any previous questions on this form. If yes, please provide full details of individual and/or company and their involvement with the applicant. This should include agents who work on a commission basis, pro bono, or in return for hospitality or other incentives. Question A19 Please select the relevant cross box to confirm if the applicant (including any individual, related company and/or third party associated with the applicant) has offered or received any form of incentives or inducements to/from any individual or organisation in order to receive favourable treatment of any description in the last 10 years. If yes, please provide full details including the full names of all parties involved, the date the incentive/inducement was offered or received, the total amount of the incentive/inducement (if the incentive/inducement was not monetary please provide an estimated value), and any terms and conditions, along with full details of what favourable treatment was provided. Please note the Gambling Commission does not require the Exchange Rate or USD amounts. Question A20 Please select the relevant cross box to confirm if the applicant (including any individual, related company and/or third party associated with the applicant) has offered or received any form of incentives or inducements to/from any government or public official in order to receive favourable treatment of any description in the last 10 years. If yes, please provide full details including the full names of all parties involved, the date the incentive/inducement was offered or received, the total amount of the incentive/inducement (if the incentive/inducement was not monetary please provide an estimated value), and any terms and conditions, along with full details of what favourable treatment was provided. Please note the Gambling Commission does not require the Exchange Rate or USD amounts. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 15 of 27

16 Question A21 Please select the relevant cross box to confirm if the applicant (including any individual, related company and/or third party associated with the applicant) has made any political contributions within the past 10 years. If yes, please provide full details, including the full names of all parties involved, the date the contribution was offered and/or accepted, the total amount of the contribution (if the contribution was not monetary please provide an estimated value), any terms or conditions of the contribution, and what was received in return. Please note the Gambling Commission does not require the Exchange Rate or USD amounts. Question A22 Please select the relevant cross box to confirm if the applicant (or any related company) has any other bank accounts that have not already been declared as part of this application. This includes: expenses accounts, investment accounts, corporate or entertainment accounts, overseas accounts, etc. If yes, please provide full details. Please note you do not need to include any accounts that appear in the financial information you have submitted as part of this application. Please provide full details of what the account is used for and the full names of the authorised signatories within the Details field. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 16 of 27

17 Question A23 Please select the relevant cross box to confirm if the applicant (or any related company) has any financial institution accounts that are not held in the name of the applicant. These include numbered accounts where the account name is withheld, accounts that are held in proxy or nominee names, or any other accounts that are not immediately identifiable as belonging to the applicant, its subsidiaries or holding companies. If yes, please provide the full name of the account holder along with full details of the bank account. This should include the full name of any nominees (if applicable), the date the account was opened, any terms and conditions for the account, what the account is used for, and the full names of all of the authorised signatories for the account. Question A24 Please provide details of any individual (present or former employee or third parties) not already named within this application, who would have knowledge of information relating to any of the questions in Section A. Please provide full details of the current relationship status between the individual and the applicant. Question A25 Please provide a copy of your most recent credit rating. The reports you provide must be from legitimate organisations such as Dun & Bradstreet, Creditsafe, or overseas equivalent. Please note for sole proprietors and partnerships, the Gambling Commission will require personal credit reports to be carried out. Please refer to the Annex A or Personal Licence Application Guidance Notes on our website for further details. Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 17 of 27

18 Section B: Applicant Track Records The Gambling Commission has to consider whether an applicant has the necessary financial resources available to be able to provide gambling services or facilities in a manner consistent with the licensing objectives of the Act and the Licence Conditions and Codes of Practice. Question B1 Please provide audited and/or published financial statements, including the notes to the accounts and annual reports, for the applicant for the past 5 years. Please also provide interim financial information if the audited statements for the current year are not available. For the interim financial information, the Gambling Commission requires financial information/working accounts covering the period from the end of the latest available accounts up to the date of application. Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. Question B2 Please provide the audited and/or published financial statements, including the notes to the accounts and annual reports for any holding company and the ultimate parent company of the applicant (as detailed in Section A) for the past 5 years. Question B3 Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. Please provide the annual returns for the applicant which have been provided to any regulator of the applicant. This includes annual returns to any tax authority, annual returns to Companies House or overseas equivalent, and annual returns to the Charity Commission or overseas equivalent. Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 18 of 27

19 Question B4 Please provide the name, address, and country of any person, company, or institution that has provided a loan to the applicant within the past 5 years. Please provide the date, currency, and amount of the loan along with full details of the loan. This should include the reason for the loan, the term of the loan, any conditions of the loan, and details of any return or incentive the loan provider has received. In addition to the above information, the Gambling Commission also requires a copy of the loan agreement, the security schedule (if a separate document to the loan agreement), any amendment to the loan agreement and/or security schedule, and a copy of the settlement documentation (if the loan has been repaid). Please note the Gambling Commission does not require the Exchange Rate or USD amounts. Please provide the reason for the loan, the term of the loan, any conditions of the loan, and details of any return the loan provider has received within the Purpose of Loan field. Question B5 Please provide a list of all individuals who are being compensated more than 200,000 by the applicant. For the Gambling Commission, compensation refers to dividends, bonuses, salaries, employee contract benefits/arrangements or any other remuneration. Please detail the full name of the individual, the amount of compensation they received during the last financial year, the amount of compensation they are likely to receive during this financial year, and what form the compensation will take. Please also provide the reason the compensation is being paid, the date the compensation started, the date the compensation is due to end, and any terms and/or conditions of the compensation. Please note, where the question wording states USD $250,000, the Gambling Commission requires details of compensation which amounts to more than GBP 200,000. Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. Question B6 Please select the relevant cross box to confirm if there have been any changes to the financial situation of the applicant since the last set of audited accounts. If yes, please provide as much information as possible about the changes that have taken place, the cause of the changes, the impact this has had on the business, and what measures/actions will be taken to overcome any negative/adverse changes. Please note this text box will expand down the page to accommodate the information you wish to provide. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 19 of 27

20 Question B7 Please provide details of all bank, building society or similar financial institution accounts that are currently held by the applicant, or have been held in the past 10 years. Please provide the name of the financial institution, the name of the branch the account is held with, the account number, and the name of all of the authorised signatories for the account. If there are multiple signatories for the account, select the Add button to add additional fields to the Authorised Signatories field. You can select Add multiple times until you have sufficient fields to provide details of all of the authorised signatories for the account. Question B8 Please provide details of any securities, such as bonds, debentures, stocks, options, etc. the applicant holds in any gambling related business. Please provide full details of the arrangement. This should include the name of the organisation the arrangement is with, the date the arrangement started, the reason for the arrangement, any terms and conditions, details of any other organisations involved, the outcome, and the date the arrangement ended/is due to end. Question B9 Please select the relevant cross box to confirm whether you will provide, if requested, the listed information. Please note failure to provide information when requested may be deemed sufficient cause for the refusal or revocation of a Gambling Commission Operating Licence. Question B10 Please select the relevant cross box to confirm if any individual currently has, or will have any interest in the ownership of, or a beneficial interest in, the applicant. This could be loans made to the applicant, gifts or services, technologies, equipment, shared resources, use of property, etc. If yes, please provide the full name of the individual and details of their interest. Please ensure you provide as much information as possible regarding the arrangement, when it began, when it is due to end, and the individual s involvement with any associated business and/or licences in any jurisdiction, along with details of what the individual has received/will receive in return for their interest. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 20 of 27

21 Question B11 Please provide full details of any debt equal to or above 75,000 which has not yet been repaid or has been written off/underwritten in the past 5 years. Please provide the name of the organisation the debt is/was owed to, the date the debt began, the date the debt was underwritten (if applicable), and the total amount and currency of the debt. Please note, where the question wording states USD $100,000, the Gambling Commission requires details of any debt which amounts to more than GBP 75,000. Please note the Gambling Commission does not require the Exchange Rate or USD amounts. Question B12 Please provide full details of any insurance claims equal to or above 75,000 made by the applicant in the past 5 years. Please provide the name of the organisation the claim has been made against, the reason for the claim, the date the claim was made, the date the claim was agreed, any terms or conditions of the claim, and the total amount and currency of the claim. If the claim was not paid in monies, please provide full details of what the applicant received following successful outcome of the claim. Please note, where the question wording states USD $100,000, the Gambling Commission requires details of insurance claims which amount to more than GBP 75,000. Please note the Gambling Commission does not require the Exchange Rate or USD amounts. Question B13 Please provide full details of any bonus schemes, profit sharing arrangements, pension schemes, or similar plans operated by the applicant for any employees or individuals involved with the applicant. Please ensure you detail the full terms and conditions of the schemes, who the schemes are available to, and what criteria an individual must meet to qualify for the schemes. Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 21 of 27

22 Question B14 Please select the relevant cross box to confirm if the applicant (or any related company) is publicly listed. If you select yes, you must complete questions B15 to B17. If more than one company is publicly listed please use a continuation sheet to provide answers to questions B15 to B17 for each company that is publicly listed. Question B15 Please select the relevant cross box to confirm if the company is listed on any securities exchanges such as the London Stock Exchange, the NASDAQ, the New York Stock Exchange, etc. If yes, please provide the name of the securities exchange and the country it is located in. Question B16 Please provide copies of all media releases and announcements made to any stock exchange by the company, any related companies, or its ultimate parent company for the past five years. Question B17 Please provide the name of all of the regulators of the publicly listed company. Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 22 of 27

23 Section C: Applicant Compliance Records The Gambling Commission will have regard to the previous history of the applicant and associated individuals when determining your licence application. Therefore, please ensure that details of all investigations, convictions, and cautions are provided in this section. Information declared in this section will not necessarily lead to your application being refused. However, non-disclosure of an offence or investigation which is later discovered may result in your application being delayed or refused, or if issued, the licence being suspended or revoked. All current (ie unspent) convictions must be declared. Convictions for relevant offences, and previous convictions (ie spent) must also be declared. Section 4 of the Rehabilitation of Offenders Act 1974 does not apply to a Gambling Commission licence application. The Gambling Commission will assess and determine the weight it will attach to all offences committed by an applicant/licensee, and will take into consideration the nature and seriousness of the offence, and also the time elapsed since the offence was committed. The Gambling Commission is an organisation named in the Notifiable Occupations Scheme. This means that the Gambling Commission is notified by Police Forces of any arrests or convictions of individuals employed in the gambling industry. Question C1 Please provide details of any prosecution or legal action taken by or against the applicant (or any related company) where the legal costs amount to more than 7,500. Please provide full details of the prosecution/legal action. This should include the name and country of the litigator, the date of the action, the reason for the action, the circumstances surrounding the action, the outcome, and details of any penalties imposed. Please note, where the question wording states USD $10,000, the Gambling Commission requires details of legal costs which amounted to more than GBP 7,500. Question C2 Please provide details of any default judgement entered against the applicant (or any related company) where the legal costs amount to more than 7,500. Please provide full details of the judgement. This should include the name of the individual or organisation who has filed the complaint or petition, the date of the judgement, the reason for the judgement, the circumstances surrounding the judgement, the outcome, details of any penalties imposed, and whether the claim was covered by insurance. Please note, where the question wording states USD $10,000, the Gambling Commission requires details of legal costs which amounted to more than GBP 7,500. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 23 of 27

24 Question C3 Please select the relevant cross box to indicate if the applicant (or any related company) has ever been, or is currently being investigated, has been charged with an offence, or has assisted with any investigation by a law enforcement authority, government regulator, or gambling regulator. If yes, please provide full details of the investigation. This should include the date of the investigation, the name of the investigating body, the circumstances surrounding the investigation, the outcome, and details of any penalties imposed, along with the type of licence/permit and reference number the investigation relates to (if applicable). Please note, you should include all previous, current, or pending investigations the applicant (or any related company) has been subject to, or assisted with, regardless of whether there has been any type of action or formal outcome. Question C4 Please select the relevant cross box to indicate if the applicant (or any related company) has ever been, or is currently, subject to any derogatory findings arising from a royal commission (public inquiry), judicial inquiry, or other government inquiry. If yes, please provide full details of the inquiry. This should include the name of the organisation carrying out the inquiry, the reason for the inquiry, details of any other organisations involved, the date the inquiry ended/is due to end, and the outcome. Question C5 Please select the relevant cross box to indicate if the applicant (or any related company) has been placed into insolvency, external administration, receivership, or liquidation within the past 10 years. If yes, please provide full details of the arrangement the applicant has entered into. This should include the name of the organisation the arrangement is with, the date the arrangement started, the reason for the arrangement, any terms and conditions, details of any other organisations involved, the date the arrangement ended, and the outcome. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 24 of 27

25 Question C6 Please select the relevant cross box to indicate if the applicant, any officer of the applicant, or any related company has been charged with any offence as a result of an administrator, receiver, or liquidator being appointed. If yes, please provide the name of the individual or company the offence relates to along with full details of the charges. This should include the date of the charges, the circumstances surrounding the charges, any penalties imposed, and the name of the convicting court and country. Question C7 Please select the relevant cross box to indicate if the applicant (or any related company) has entered into any agreement with its creditors to forestall receivership, liquidation, or insolvency. If yes, please provide the name of the organisation along with full details of the arrangement the applicant has entered into. This should include the date the arrangement started, the reason for the arrangement, any terms and conditions, details of any other organisations involved, the date the arrangement ended, and the outcome. Question C8 Please select the relevant cross box to indicate if an administrator, receiver, receiver and manager, liquidator, or provisional liquidator has ever been appointed to the applicant (or any related company) due to insolvency. If yes, please provide the name of the insolvent organisation along with full details of the insolvency order/arrangement. This should include the name of the appointed organisation, the date of insolvency, the circumstances surrounding the insolvency, any other organisations/third parties involved, any terms and conditions of the insolvency, the date of the insolvency, and the outcome or expected outcome. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 25 of 27

26 Question C9 Please select the relevant cross box to indicate if the applicant (or any related company) has been investigated and/or issued with any show cause notices (court order), consent notices, consent agreements, fines, and/or other disciplinary actions by any gambling related authority due to insolvency. If yes, please provide full details of the investigation. This should include the date of the investigation, the name of the investigating body, the circumstances surrounding the investigation, and details of the outcome and any penalties imposed, along with the type of licence/permit and reference number the investigation relates to (if applicable). Question C10 Please provide any quarterly, semi annual, or annual reports prepared for and lodged with any government authority or regulator in the past 10 years. Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. Question C11 Please provide any legally required report the applicant has lodged with any government authority or regulator in the past 12 months regarding any public debt or equity offerings (release of shares). Please note you do not need to include any reports you have already submitted as part of this application. Question C12 Please select the Attachment Provided cross box to confirm you will be submitting the requested documentation and provide the document name and/or brief description of the document in the Attachment Description text box. Please select the relevant cross box to indicate if the applicant (or any related company) has been fined, suspended, or reprimanded for breaches of any stock exchange listing rules in relation to any violation or alleged violation of any law. If yes, please provide the name of the individual or company the offence relates to along with full details of the charges. This should include the date of the charges, the circumstances surrounding the charges, any penalties imposed, the name of the organisation who has made the charges, and the name of the convicting court and country. IAGR Multi-Jurisdictional Business Form - Guidance Notes v1.0draft Page 26 of 27