State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
governing the approval of gambling_v1.0 version 1.0 of 23/01/2012
1. SECTION I
1.1 § 1 Approval for organisation and sales in accordance with the Gambling Act
1.2 § 2 Granting of approval
1.3 § 3 Procedure
1.4 § 4 Obligations, supervisory measures
1.5 § 5 Registration of players
1.6 § 6 Players’ accounts and payments
1.7 § 7 Security of the players’ accounts
1.8 § 8 Limits and barring by the gambling providers
1.9 § 9 Bonus ................................
1.10 § 10 Barrings and closing of players’ accounts
2. SECTION II
2.1 § 11 Reliability, solvency and expertise of commercial gambling brokers
2.2 § 12 Commercial brokering of gambling
2.3 § 13 Player protection
2.4 § 14 Obligation to provide information
3. SECTION III
3.1 § 15 Entry into force and validity period of these regulations
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State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO)
spielgenehmigungsverordnung
(Gambling Approval Regulations)
Ref. : Dictao_GLI_State regulations governing the approval of gambling_
ictao_GLI_State gambling_Draft_v1.0
Version 1.0 of 23/01/2012
This translation is provided to you as a courtesy by
and
2. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
Dictao_GLI_State regulations governing the approval of
ictao_GLI_State
Reference :
gambling_v1.0
Version : 1.0
Date of latest update : 23/01/2012
Confidentiality : RESTRICTED DISTRIBUTION
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3. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
CONTENTS
CONTENTS ................................
................................................................................................................................
..................................................... 3
1. SECTION I ................................
................................................................................................................................
............................................ 5
1.1 § 1 Approval for organisation and sales in accordance with the Gambling Act .................................. 5
1.2 § 2 Granting of approval
approval................................................................................................
..................................................... 5
1.3 § 3 Procedure ................................
................................................................................................
.................................................................... 7
1.4 § 4 Obligations, supervisory measures ................................................................
.............................................................. 9
1.5 § 5 Registration of players ................................................................................................
................................................. 9
1.6 § 6 Players’ accounts and payments ................................................................
............................................................... 10
1.7 § 7 Security of the players’ accounts ................................................................
............................................................... 10
1.8 § 8 Limits and barring by the gambling providers................................................................
............................................. 11
1.9 § 9 Bonus ................................
................................................................................................................................
......................................... 11
1.10 § 10 Barrings and closing of players’ accounts................................................................
............................................ 12
2. SECTION II ................................
................................................................................................................................
......................................... 13
2.1 § 11 Reliability, solvency and expertise of commercial gambling brokers........................................ 13
brokers................................
2.2 § 12 Commercial brokering of gambling ................................................................
.......................................................... 13
2.3 § 13 Player protection ................................................................................................
...................................................... 13
2.4 § 14 Obligation to provide information ................................................................
............................................................. 14
3. SECTION III ................................
................................................................................................................................
........................................ 15
3.1 § 15 Entry into force and validity period of these regulations ................................
........................................................... 15
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4. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
Based on § 4, Para. 8, no.1 and § 5, Para. 3 in combination with § 4, Para. 1 of the Gambling
Act dated 20th October 2011(GVOBl. (Law and Ordinance Gazette) Schl. Schl.-H. S. 280), the
Ministry of the Interior issues the following decree:
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5. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
1. SECTION I
1.1 § 1 Approval for organisation and sales in accordance with the
Gambling Act
1. The organisation of public gambling within the scope of application of these regulations
requires the approval of the responsible authority. Furthermore, sales for frequently held
approval
lotteries in accordance with § 6, Para. 1, no.1 of the Gambling Act, for betting and
online casino gaming require the responsible authority’s approval in accordance with
the provisions of the Gambling Act and these regulations. The rules in Section II of
ns
these regulations apply to the brokering of gambling.
2. An approval in the sense of Paragraph 1 may only be issued or prolonged if the
applicant has been proven to be reliable and solvent in terms of these regulations and
solvent
has the required expertise at the time of submitting his application. The approval for the
organisation and sales of gambling in accordance with §§ 4 and 5 of the Gambling Act
must be rejected where the organisation or the sales of gambling is contrary to the aims
of § 1 of the Gambling Act or where the applicant is unreliable.
3. In accordance with § 4, Para. 1, sentence 2 of the Gambling Act, agreement must be
reached with the specialist advisory council before approval to organise betting on the
results or progress of sporting competitions is granted. Should the specialist advisory
council not have been convened at the time of making a decision regarding the
application, the specialist advisory council must be involved retrospectively after it has
been convened. Approvals are dependent upon the specialist advisory council giving its
agreement and are only of a provisional nature until such time.
1.2 § 2 Granting of approval
1. Approval may only be granted where
a. (Extended relia
reliability)
i. the ownership and participation circumstances of the organisers and
the sellers have been fully disclosed and for partnership companies,
the identity and addresses of all partners, shareholders and other
capital investors, for legal entities in private law, of those who hold a
vate
controlling shareholding and for legal entities in private law, of those
who hold a controlling shareholding and golden shares in the capital
stock or have a controlling shareholding and golden shares in the
voting rights and generally, all trustee relationships must be disclosed.
ii. the organisers and the sellers and the appointed responsible persons,
who possess the reliability and expertise required to organise public
gambling and provide the guarantee for the gambling particip
participants and
the responsible authority that the event is carried out properly and
transparently for the participants and the responsible authority and for
legal entities and partnerships, all persons authorised to represent
them must be fulfill the requirements of reliability and expertise and
s
iii. the lawful origin of the funds required for the organisation of public
gambling is disclosed,
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6. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
b. (Solvency)
i. the organiser and the seller possess sufficient own funds for long term
business activity, a suitable organisational structure and at the same
time offer a guarantee for faultless business conduct. A confirmation
from an independent auditor, that initial capital has been paid up, is free
of rights of third parties and can be freely disposed over by the persons
authorised to represent must be presented as evidence of sufficient
d
funds for the business activity applied for,
ii. the profitability of the intended gambling activity has been presented
taking the information into account and,
iii. security payments have been made,
c. (Transparency and security of gambling)
parency
i. the transparency of the operation is assured and it is guaranteed that a
supervision of the sales network is possible at any time and cannot be
prevented by third parties or participants in the operation,
ii. the organiser and the sellers, insofar as they do not have their
headquarters within the area of application of these regulations, advise
the responsible authority of the names persons authorised to receive
and represent them who have their domicile within the scope of
application of these regulations and who possess the reliability in the
lication
sense of Number 1 letter b,
iii. the organisers and the sellers of all gambling and payment transactions
set up their own accounting systems,
iv. for protection against manipulations and reduction in levies, the
reductions
organisers and the sellers structure and organise the operational
processes in such a way that the complete accounting system and the
recording of business transactions in the sense of §46 of the Gambling
Act is assured and that the operational process is organised in such a
ional
way that all conclusions of gambling contracts, games, payment
transactions (betting and payouts) and their recording each constitute a
complete unit and the responsible authority is provided with the
opportunity for scrutiny and control at all times and
rutiny
v. compliance with the organisational obligations in accordance with
generally recognised national and international standards is assured.
2. Evidence of reliability in the sense of Paragraph 1, 1 can be provided by means of a
police conduct report in accordance with § 30 Para. 5 of the German Federal Register
Act in the notified version dated 21st September 1984 (BGBl (German Federal Law
Gazette) I.S. 1229, report 1985 p 195), recently amended by Article 1 of the law dated
15th December 2011 (BGBl. I.S. 2714) or a comparable document from the applicant’s
h
headquarter state (e.g. criminal record), which is not older than three months on the
date of application. In addition, an excerpt from the German Central Commercial
Register or a comparable document from the state in which the applicant has his
r
headquarters and which is not older than three months must be provided. Anyone who
has been legally convicted of a crime, theft, embezzlement, blackmail, dealing in stolen
goods, fraud, breach of trust, unauthorised organisation of gambling activities,
participating in unauthorised gambling activities or of an offence in accordance with §
12 of the German Youth Protection Act dated 23rd July 2002 (BGBl. I S. 2730) recently
amended by Article 3 of the Act dated 31st October 2008 (BGBl. I S. 2149) or
Article
comparable offences - even outwith the Federal Republic of Germany` does not
Germany`-
possess the required reliability. Persons against whom proceedings are being brought
for insolvency, for the provision of a sworn declaration, for gross negligence in reducing
provision
taxes or for tax evasion or against whom similar proceedings are being brought or have
been brought within the last three years - even outwith the Federal Republic of
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7. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
Germany - do not posses the required reliability. This shall apply equally in the case of
required
all companies ever managed by the applicant. Where the applicant is a legal entity or a
partnership, the evidence according to Paragraph 1, no.1 must be provided with respect
to the person entitl to represent.
entitled
1.3 § 3 Procedure
1. The application must be made in writing. An electronic form is excluded. It must contain
all data, information, evidence and documents in the German language, which are
required for verification in accordance with § 2. The evidence must be provided by
evidence
presenting suitable illustrations, concepts and certificates. Without such documents, the
responsible authority is not obliged to conduct its own investigations. In particular, the
documents to be presented include:
a. an illustration of the applicant’s direct and indirect participations and his capital
illustration
and voting right circumstances and his affiliated companies in the sense of the
German Stock Corporation Act and information concerning relatives in the
sense of §15 of the German tax code in its notified version dated 1st October
2002 (BGBl. I S. 3866, report 2003 p. 61) recently amended by Article 5 of the
law dated 22nd December 2011 (BGBl. I S. 3044) amongst the participants.
The same applies to representatives of the person or par partnership and to
members of an organ of a legal entity. In addition, the applicant’s Articles of
Association and his legal statutory specifications as well as such agreements
as exist between the applicant and the direct or indirect participants and which
relate to the organisation of gambling must be presented,
elate
b. an illustration of the measures for ensuring public safety and other public
matters taking particular account of IT and data security in addition to required
certifications (security concept),
c. a concept for the secure processing of payments (payment processing
concept
concept),
d. a concept for combating and avoiding money laundering (money laundering
concept),
e. a concept for combating manipulations and fraud (fraud combating concept)
f. a social concept including measures for ensuring the exclusion of minors and
measures
barred players,
g. an illustration of the profitability taking the levy obligations into account
(profitability concept): this includes the business plan, financial data/balance
sheets for the last three years, evidence of the credit rating/creditworthiness,
payment service contracts, profit and loss account, cash flow statement,
sensitivity analysis, core planning assumptions and an overview of the
anticipated financing instruments,
h. an agreement to take over the cost of verifying the security, payment
the
processing, money laundering, fraud combating, social and profitability
concepts and, where necessary, other documents provided by experts or
auditors, appointed by the responsible authority,
i. the applicant’s agreement not to organise or broker unauthorised gambling in
agreement
Schleswig-Holstein
Schleswig Holstein himself or through affiliated companies and
j. a written declaration by the applicant that the documents and data provided are
complete.
Evidence and documents from another federal state or from another member state of the
European Union or from another member state of the Agreement on the European Economic
Region have equal status where they show that the requirements stated in sentence 3 have
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8. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
been fulfilled. The documents must be presented as officially certified copies and officially
certified German translations at the cost of the applicant.
2. Furthermore, the application for approval must be accompanied by the applicant’s full
CV insofar as he or she is a natural person or by any legal representative’s full CV
insofar as the applicant is a legal entity in private law. The CV to be submitted in
accordance with sentence 1 must contain the following details:
a. the full name,
b. the name at birth,
c. the date of birth,
d. the place and country of birth,
e. the address of the main place of residence,
f. the nationality,
g. the professional qualification including the examinations passed,
h. the professional experience gained during the last ten years, which must be
listed in chronological order beginning with the current profession occupied,
isted
whereby in each case:
i. the name and headquarters of the company, by which the person is or
was employed,
ii. the nature and duration of employment including secondary
employment with the exception of honorary offices,
he
iii. this person’s representative powers,
iv. his internal decision making competence,
v. the business areas for which he is responsible and
vi. relevant licences (e.g. bookmaker’s licences).
Each CV must be signed personally. Personal creditworthiness reports must accompany the
creditworthiness
CV.
3. In order to verify the conditions stated in Paragraph 1, sentence 3, the responsible
authority can request applicants to provide supplements and present additional
information, evidence and documents in the German language within a set grace
German
period. The responsible authority is entitled to make enquiries concerning knowledge
gained by the security services of the federal government and other countries,
especially concerning the conditions specified in § 2, Para. 1, no. 1, letter c. Where a
Para.
matter relating to events outwith the scope of application of the Gambling Act is of
significance for verification within the framework of the approval process, the applicant
must clarify this matter and obtain the necessary evidence. To this effect, he must
evidence.
employ all legal and actual instruments available. The applicant cannot claim that he
cannot clarify matters or obtain evidence, if he would have had the opportunity to obtain
such evidence or have it obtained as the case may be in structuring his circumstances.
may
4. The obligation to give information and make presentations within the framework of the
approval procedure apply to any change in the essential circumstances, which take
place after the application has been submitted and must be notified immediately to the
and
responsible authority together with planned changes in the participation circumstances
or other influences before the conclusion of the approval procedure in writing but not in
electronic form.
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9. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
1.4 § 4 Obligations supervisory measures
Obligations,
1. With regard to the responsible authority, the revocation of a representation relationship
in accordance with § 2, Para. 1, no.3, letter b only becomes effective upon the
appointment of a new person authorised to receive and represent and its notification in
writing but not in electronic form.
2. In the case of partnerships, any planned change in the participation structure or other
influences and in the case of legal entities, only such as affect the controlling
shareholding and golden shares in the capital stock must be notified in writing to the
responsible authority. The approval holder and those persons participating directly or
indirectly in it are obliged to make notification. The changes may only be confirmed by
the responsible authority as being harmless where an approval could be granted again
as
based on the changed circumstances. Where a planned change is implemented, which
cannot be confirmed as harmless in accordance with sentence 3, the approval must be
revoked in accordance with §4, Para. 7 of the Gambling Act. Notwithstanding the
Para.
obligation to notify in accordance with sentence 1, the approval holder or holders and its
direct or indirect participants are each obliged to provide the responsible authority
immediately after each calendar year with a declaration as to whether and to what
extent a change in the participation and taxation circumstances has taken place during
the past calendar year.
3. Where an approval holder violates an obligation to make notification in accordance with
Paragraphs 1 and 2, sentence 5 or an obligation in accordance with Sections III and V
phs
of the Gambling Act, the responsible authority require him to comply with such
obligations within an appropriate grace period (reprimand). Reprimands are made
public.
1.5 § 5 Registration of players
ration
1. With the exception of lotteries, players must be registered as customers of a gambling
provider. Such registration must give information concerning the first name, surname,
name at birth, date of birth and residence. It is not permitted t register minors as
to
players.
2. The gambling organisers must verify the accuracy of such registration information
before they participate in gambling. The gambling organisers must obtain the required
evidence for the accuracy of the information in accordance with the relevant form of
public gambling.
3. By means of identification and authorisation, the gambling organisers must ensure that
minors are excluded.
4. For casino gambling and gambling on sporting events, the gambling providers must
carry out a comparison with the overriding barring system upon registration and before
each participation in gambling. Players who are barred there may not participate in
casino or sporting gambling. A player’s account may not be opened. Upon barring in the
overriding barring system, players’ accounts already opened must be treated in the
system,
same way as an irrevocable barring of the gambling provider. § 8, Para. 3, sentences 6
and 7 apply accordingly.
5. The gambling providers must archive the personal data of registered players for fi
five
years after the termination of the customer relationship. Subsequently, the gambling
providers must delete the data.
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10. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
1.6 § 6 Players’ accounts and payments
1. The gambling providers must open players’ accounts for registered players. A player
may only have one account with each gambling provider.
2. The gambling providers must provide players with the opportunity for direct access to
information concerning the balance of their account, their gambling history, (incl. bets
placed, wins and losses), deposits and withdrawals and other related transactions.
withdrawals
Upon identification and authorisation, players must be provided with the information in
accordance with sentence 1 for the previous 30 day period in each case. Players may
only participate in gambling subsequent to their explicit declaration, that they have
their
taken note of the information.
3. Upon the player’s request, the gambling providers must provide account statements for
all transactions in the player’s account during the past twelve months.
4. Only a provisional player’s account may be opened for the player until the gambling
player’s
providers have verified the information stated in § 5.
5. Where a player has given incomplete or false information in connection with his
registration or if he does not present the required evidence f the accuracy and
for
completeness of such information upon request, the gambling providers must close the
provisional player’s account.
6. Funds may not be transferred from a provisional player’s account to his bank account. A
provisional player’s account may not be opened for a player, who is registered as
barred in the overriding barring system.
7. Deposits to or withdrawals from a player’s account may only be transacted via an
account maintained by a bank in the sense of § 1 Kreditwesengesetzes (KWG)
(German Banking Act) in its notified version dated 9th. September 1998 (BGBl. I S.
nking
2776) recently amended by Article 2 of the Act dated 22nd December 2011 (BGBl. I S.
3044) or in accordance with Guideline 2007/64/EC of the European Parliament and the
Council dated 13th November 2007 concerning payment services in the domestic
13th
market, for amending the Guidelines, 97/7/EC, 2002/65/EC, 2005/60/EC and
2006/48/EC and in order to revoke the Guideline 97/5/EC (ABl. EU (EU Official Journal)
no. L 319 p. 1, report 2009 no. L 187 p. 5). The registered player must be the account
holder. Deposits to or withdrawals in cash are not possible in distance selling. Transfers
of money, game points or similar between players’ accounts are not permitted. The
prohibition on providing credi must be observed.
credit
8. The amount paid in by the player must be credited to the player’s account immediately
after the receipt of payment by the gambling providers. Wins must be credited
immediately to the player’s account.
1.7 § 7 Security of the players’ accoun
accounts
1. Funds which players have in their players’ accounts are entrusted funds, which must be
available in a settlement free bank account, must be separate from the gambling
settlement-free
providers’ own funds and must be exclusively at the disposal of the gambling providers
providers.
The funds in the payment account can only be paid out to the players and therefore
may not be used settle claims on the gambling providers. The funds must be secured in
case of the insolvency etc. of the respective gambling provider or the banks holding the
player’s funds. The gambling provider must have this confirmed by an authorised
independent legal or taxation consultant for presentation to the responsible authority.
2. The funds in the settlement free bank account must always correspond to the funds in
settlement-free
the player’s accounts.
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11. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
1.8 § 8 Limits and barring by the gambling providers
1. The gambling providers must provide players with a facility to set daily, weekly and
monthly deposit limits. An application from a player to set a deposit limit enters into
force immediately upon receipt. The gambling providers shall confirm the receipt of the
diately
application. An application to increase a set deposit limit may enter into force forty eight
hours after its receipt at the earliest. An application to reduce a set deposit limit enters
into force immediately. A renewed application to increase such deposit limit after an
application to reduce it has been effected cannot be submitted until a period of one
month has passed.
2. The gambling providers must provide players with a facility to stipulate that wins above
a certain amount are automatically transferred to the player’s account.
3. The gambling providers must provide players with a facility by which the players can
apply for a short term gambling break, a temporary bar or an irrevocable bar for the
gambling provider’s games. This facility must be available to players for direct selection
from any game function. A player’s application for barring must be carried out
immediately upon application. A short term gambling break (coo (cool-off time) lasts at least
twenty four hours and a temporary bar lasts at least one month. Temporary barrings
and short term gambling breaks result in the deactivation of a player’s account during
this period. The irrevocable barring of a player results in the gambling providers having
to close the player’s account. The player cannot be re registered until at least one year
re-registered
has passed since the closing of the player’s account.
4. Where a player has applied to be barred from participating in gambling providers’
games himself, they must inform him about the opportunities for counselling and the
treatment of gambling addiction in a counselling centre near to the player’s place of
residence. This facility must be available to players for direct selection from any g
game
function. The gambling providers may not send any advertisements to the player during
the period of barring.
5. The gambling providers of casino games and sports betting must provide players with a
facility allowing them to be registered in the overriding barring file. This facility must be
available to players for direct selection from any game function.
6. By the fifteenth of the month following the respective quarter at the latest, the gambling
providers shall notify the responsible authority of the number of players, who have
applied to the respective gambling providers for a temporary gambling break, a
temporary bar or an irrevocable bar for their games during the past quarter. By the
fifteenth of the month following upon the respective quarter at the lat
latest, the gambling
organisers shall notify the responsible authority of the number of players, who have
applied for registration in the overriding barring file or who have been barred by third
party gambling providers. Upon the registration of a player in the overriding barring file,
the
the respective player’s account must be closed immediately. Paragraphs 3, sentence 7
and 4, sentence 3 apply accordingly.
1.9 § 9 Bonus
1. Bonus offers or other benefits in the form of loyalty programs or similar are possible in
exceptional cases. Such bonuses must not relate only to money, game points or similar
ional
in the players’ accounts maintained. Bonus offers from the gambling organisers must
explain all provisions and conditions in a clear and unambiguous manner in direct
connection with the offer.
2. Bonus offers must be made in the same manner to all players of the respective
gambling provider. They may not contain any conditions which only apply for a period of
less than 60 days. A bonus offer must not invite players in a targeted ma manner to
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12. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
increase their gaming activities or regain their losses. Payment of a bonus to players
must be made immediately upon its conditions having been fulfilled.
1.10 § 10 Barrings and closing of players’ accounts
1. Where a player’s account is closed, the gambling providers must transfer the credit
gambling
balance in the player’s account immediately, but at the latest within five working days, to
the player’s bank account. Fees may not be charged for such closing and payout.
2. Upon closing a provisional player’s account, only the funds remaining in the player’s
only
account may be transferred to the player’s bank account.
3. The gambling providers can block a player’s account, if it is suspected that the player
has won illegally or violated legal provisions, e.g. in the area of mon laundering, these
money
present regulations or the provisions governing the player’s account. The player must
be informed of the reasons for the blocking immediately. The gambling providers must
make a decision on the matter within a reasonable period. The pl player cannot close his
player’s account during the blocking period.
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13. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
2. SECTION II
2.1 § 11 Reliability, solvency and expertise of commercial gambling brokers
1. Brokers of public gambling must provide evidence that they are reliable and solvent in
the sense of these regulations and that they have the necessary expertise. §§ 2 and 3
apply accordingly.
2. The brokering of public gambling is dependent on the responsible authority having
granted approval for the organisation of such gambling.
2.2 § 12 Commercial brokering of gam
gambling
1. Regardless of their sales channels, brokers must pass on at lest two thirds of the
amounts collected from players for their participation in gambling to the organiser. This
must be confirmed by an appointed authorised independent legal or taxation co consultant
for presentation to the responsible authority. Before concluding a contract, brokers must
advise the players clearly and understandably in writing of the amount to be passed on
to the organiser in return for their participation in gambling and imm
immediately inform them
of the name of the organiser. The prohibition on providing credit must be observed.
2. Upon contract conclusion, players must be provided with the right to examine the
gambling receipts, which have been brokered on their behalf. Where a p player’s win is
not claimed from the trustee within a grace period of three months, the amount won
must be passed on to the organiser within a further grace period of one month.
3. Brokers are obliged to ensure that upon contract conclusion a trustee entitled to occupy
an authorised legal or tax consultancy profession is appointed to take custody of the
gambling receipts and to claim winnings from the organiser.
4. Winning numbers can be requested from the broker and the trustee.
5. A gambling order may only relate to one organiser. The gambling orders must be
to
delivered directly to the organiser.
2.3 § 13 Player protection
1. Brokers must ensure that minors do not participate in gambling. § 5, Para. 2 must be
applied.
2. In brokering casino games and sporting gambling, the brokers must identify players in a
binding manner before each participation and carry out a comparison with the overriding
barring system. Barred players are not permitted to take part in casino games and
sporting gambling.
3. Tickets and gambling receipts must provide information concerning the dangers of
addiction emanating from the respective gambling form and information on opportunities
for help. At the request of players, brokers must provide information about opportunities
for counselling and the treatment of gambling addiction in a counselling centre near to
treatment
the player’s place of residence.
4. Business relationships with the players must be organised in such a way that all wins
are paid out without delay. This also applies to non monetary wins and roundi
non-monetary rounding
differences in payments to gaming syndicates. Payouts can only be made to an account
maintained with a bank in the sense of § 1 KWG (German Banking Act) or in
accordance with Guideline 2007/64/EC of the European Parliament and the Council
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14. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
dated 13th November 2007 concerning payment services in the domestic market, for
November
amending the guidelines 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and to
revoke the Guideline 97/5/EC. The player must be the account holder. Cash payouts
are not possible.
5. Advertising by means of free gambling is only permitted where it is clearly stated at the
same time that such participation does not depend on placing an order for the brokering
of gambling.
2.4 § 14 Obligation to provide information
1. In addition to the documents in accordance with §2, Paras. 1 and 2 and § 3, Paras. 1
accordance
and 2, brokers shall present the responsible authority with their Allgemeine
Geschäftsbedingungen (AGB) (General Terms of Business (GTB)), the sample
gambling contracts and the sales concept. Amendments to th GTB, the gambling
the
contracts and the sales concept must be notified before their implementation.
2. Within six months of the end of each financial year, a report compiled by independent
auditors concerning the proper transfer of at least two thirds of the tototal amounts
collected from players to the organiser must be presented to the responsible authority.
This report must include the treatment of non monetary wins, wins not collected or
non-monetary
which cannot be delivered and rounding differences resulting from payment to
payments
participants in gaming syndicates. It must furthermore deal with the proper transfer to
the organiser of wins not claimed.
3. At the request of the responsible authority, in individual cases and in response to
complaints from players, the brokers must provide information concerning their activities
provide
and present the necessary additional documents. The cost for preparing and presenting
such documents and reports shall be borne by the brokers.
4. Where brokers violate an obligation imposed by these regulations o where they violate
or
provisions of the Gambling Act, the responsible authority can request them to comply
with the obligations and provisions within an appropriate grace period (reprimand).
Reprimands will be made public.
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Communication, reproduction and use forbidden without prior written permission from Dictao_GLI
15. State regulations governing the approval of gambling
(Glücks-spielgenehmigungsverordnung – GGVO) (Gambling Approval Regulations)
3. SECTION III
3.1 § 15 Entry into force and validity period of these regulations
These regulations enter into force on the day following their notification.
They expire five years after their entry into force.
The above regulations are herby issued and are to be notified.
Kiel, 2012
Klaus Schlie
Minister of the Interior
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Communication, reproduction and use forbidden without prior written permission from Dictao_GLI