A Comprehensive Licensing Guide: Curacao, Anjouan and Tobique

Legal requirements

• – Registered company in Curacao with a physical presence and a certificate of incorporation or registration.
• – A unique company name that complies with the Curacao law requirements.
• – Memorandum of Association and Articles of Association documents.

Policies and procedures

• – Developed and implemented anti-money laundering (AML) policies and counter-terrorism financing (CTF) programs.
• – Established a “Terms of Use” policy.
• – Implemented responsible gambling measures in line with relevant regulations.
• – Implemented robust policies and cyber security measures ensuring the protection of player funds and personal data.

Physical presence

• – Mandatory location of at least one physical server in Curacao jurisdiction.
• – Physical office in Curacao.
• – Having a local representative.
• – Minimum one local manager and one local director.

Documents and confirmations

• – A certified copy of the Ultimate Beneficial Owner (UBO) passport.
• – A certified copy of the UBO identification card and utility bill as proof of address.
• – Certificate of no criminal record.
• – Source of wealth declaration.
• – Source of funds certificate and proof of good financial standing.
• – Original letter of recommendation from the bank where the applicant has been a client for over 2 years.

Organizational structure

• – Details and names of all directors and shareholders.
• – Minimum one shareholder (a legal entity or an individual without residency requirements).
• – Minimum one native KYC and AML compliance officer.

Business plan

• – A three-year business plan.
• – Detailed description of all game types.
• – A list of jurisdictions of potential operation.

Financial and technical requirements

• – Sufficient financial resources to meet its obligations to the regulator and players.
• – Implemented a variety of reliable payment processors.
• – Regular software and hardware maintenance audits and technical audits of each game system.
• – Random Number Generator (RNG) software certificate.

Criteria for Directors and Shareholders

• – Proper and fit tests for the director and shareholders.
• – A CV demonstrating the ability to operate a gambling business.

Other

• Available to people over 18 years old.

Criteria of the Applicant

• – An applicant must be a legal entity and not an individual.
• – License is issued to people older than 18 and won’t be available to those who are assumed to be of questionable character.

Business and Operations

• – A business plan.
• – Detailed information about the content that will be offered on the website.
• – Evidence of domain ownership.

Technical Aspects

• – RNG testing certificate.
• – Real-Time Transport Protocol (RTP) agreement.
• – The player databases and servers must be located on Anjouan. 

Documents and Personality Assessment

• – All owners, directors, authorized people, investors, and ultimate beneficiaries must undergo KYC and due diligence checks.
• – Valid passport certified copy.
• – A recently issued utility bill.
• – Certificate of no criminal record.
• – CV or resume.
• – Original banker’s certificate with whom the applicant has been cooperating for over 2 years.
• – Original reference letter from a consultant or lawyer.

Policies and Procedures

• – Copies of AML and CFT policies and procedures.
• – A qualified person is appointed to monitor compliance with AML/CFT policies.
• – Terms and Conditions copies (including KYC, underage, and responsible play policies for players).

Legal requirements

• – Clean criminal record of the company’s director and all shareholders.
• – Minimum one director and one shareholder without residency requirements.
• – Mandatory registered office within Belize.
• – The Belize entity must maintain a registered agent.
• – Evidence of a legally established gaming company.

Financial Aspects

• – A bank account that suits the business type

Technical requirements

• – Certifications from major independent testing agencies.
• – Having a functional and compliant website post-licensing.

Documents and Personality Assessment

• – Proof of residence through utility bills.
• – Demonstration of financial stability (bank statements for the last three months).
• – Proof of experience and qualifications in the online gambling sector.

Policies and Procedures

• – Robust internal policies regarding anti-money laundering (AML), responsible gaming, privacy, and anti-fraud protection.
• – Integrated responsible gambling practices and fair gaming.
• – Implemented KYC procedure.