Question: Who is in charge with the gambling activity in Romania? I am interested in opening a business in this area.
Answer: The authorization/organization of the activity of gambling in Romania is governed by State monopoly.
The State can grant the right of setting up the activity of games of chance, according to Romanian gambling laws, on the basis of a license, for the organization of each type of games of chance.
The games of chance are classified as follows:
• lottery games, in the case that they depend on the purely random outcomes of events;
• betting, if it depends on the outcomes of events that do not involve the organizers;
• games of chance characteristic for casinos;
• games of chance characteristic for poker clubs;
• slot machine-type games;
• bingo games played in gaming rooms;
• lottery games organized and transmitted via any communication system;
• casino-type games;
• fixed betting;
• counterpart betting – a correlation of online bets between various players;
• bingo and keno games;
• a tombola;
• any other type of games of chance, including new games or combinations of games defined so far;
• temporary games of chance ( those defined paragraphs c), e) and f), that take place in tourist resorts or on leisure crafts.
Question: What is the Romanian law that regulates the gambling activity as a business?
Answer: An organizer of games of chance can be any company, legally registered in Romania and authorized to conduct the activity of games of chance, in accordance with the provisions of the Government's Emergency Ordinance no. 77/2009, as well as the Government's Emergency Ordinance no. 92/2014. A gambling organizer can thus be any legal person who is licensed to organize and operate games of chance under the conditions provided by the legislation of the matter. The quality of a gambling organizer can also be acquired by a legally established Romanian legal person, as well as a legal person legally established in a Member State of the EU, or in a state signatory to the Agreement on the European Economic Area, as well as in the Swiss Confederation.
A temporary gambling organizer can be constituted by a legal person, established under the same conditions as the previously mentioned ones, who organizes and operates games of chance in tourist resorts for a period of three months.
Question: What are the required documents in order to obtain the gaming licenses in Romania?
Answer: Please note you need the following documents in order to receive the license for gambling activities in our country:
• A formal letter through which the company requests to the authorized commission to concede the authorization for the activity of games of chance. In this letter there should be added a series of details such as: the type of games of chance, the manufactures series of the electric, electronic machines, equipments, and also the location where the company will conduct this activity and where the equipments will be placed. The required letter must contain also the list of all documents that exist in the dossier. Beside that, it must be written and type scripted in Romanian and it must also be signed by the administrator or the director of the company. This address must contain also the location of the registered office, the telephone number of the company and the stamp;
• The Constitutive Document of the company, which should contain as object of activity CAEN code 9271: games of chance, and also all subsequent modifications registered with the Registry of Commerce;
• The company’s contract, according to the case, and also all subsequent modifications registered with the Registry of Commerce;
• The Registration Certificate;
• The Fiscal Code;
• The document which attests that the company has deposited the share capital according to the law;
• A detailed description of the activity, including a sketch of the location where the activity will take place, and also a sketch of how the machines, the equipment will be placed in the location;
• The rules of game, which must include the percentage given to the winners from the total influx of money;
• A personal statement, regarding the experience of organizing this kind of activity, a good understanding of the law of the activity of games of chance, the legality of the money invested in order to develop this activity, proof of the necessary economic power to carry out this activity, any previous sanctions for developing this kind of activity of games of chance;
• The criminal record of the administrator and the executive directors of the company;
• The documents which attest the rights of ownership or the rights to use of the location where the activity will take place;
• A technical-economic study of efficiency, drawn up for the period of authorization for the activity of games of chance;
• The internal regulations for the development of this activity, in which the following must be specified: the tasks and obligations of the personnel, the bookkeeping system, the means to provide the security for documents and valuable goods.
• A document which must attest the technical verification of the electronic, electric machines, equipments, released by specialized companies in this field, which are acknowledged by the commission;
• A document which must attest the functionality of the location where the activity of games of chance will be carried out, released by the Ministry of Finances, local authorities and a written approval from the Ministry of Internal Affaires. The necessary documents for obtaining the authorization of functionality are the following:
• The documents which attest the legal provenience of the electronic equipment\machines;
• The document which proves the deposit of the warranty fund;
• The fiscal certificate;
• A receipt from the Chamber of Labor that the company has no debts to the State.
Question: Are there any conditions that have to be met in order to obtain the license?
Answer: Yes, the conditions that must be fulfilled in order to obtain a gambling organizer’s license from the ONJN Monitoring Committee, in the case of traditions games of chance, are as follow:
• the gambling operators must prove that:
- the main purpose of their activity is “organizing games of chance”;
- the police granted their approval;
- the amount of subscribed and paid-up share capital has been met;
• the legal person's legal representatives will submit a selfdeclaration which will state that:
- the gambling operator has no final convictions that have not been served;
- the gambling operator is not incompatible;
- the identity of the real beneficiaries have no final convictions that have not been served and are not incompatible.
- there have been taken no administrative measures the legal person or their representatives in this field and there are no such administrative measures applied for a period of one year prior to the date of submission of the license application;
- for the last three years, the legal person was not a shareholder and/or an administrator for a company that has filed for bankruptcy;
• there is no court decision that resulted in a final conviction against any of the legal person's legal representatives that has not been served, in Romania or in a foreign State;
Question: How long are the license and the authorization valid for?
Answer: If the conditions are met, gambling organizers will be granted a gambling organizer’s license valid for 10 years from the date on which it is granted, except for the temporary games of chance for which the validity will be of three months.
The gambling operator's authorization is valid for one year starting from the date of its granting, except in the case of temporary games of chance, in which case the authorization is valid of a period of three months.
Question: What are the annual gambling fees in Romania?
Answer: The annual gambiling fees for such an activity in Romnia are:
Gambling organizer’s license fees (annual):
• For lottery games: EUR 115 000
• For mutual betting: EUR 45 000
• For fixed-rate betting: EUR 25 000
• For counterpart betting: EUR 25 000
• For games of chance characteristic for casinos: EUR 95 000
• For games of chance characteristic for poker clubs: EUR 15 000
• For slot machine-type games: EUR 20 000
• For bingo games taking place in gambling halls: EUR 10 000
• For bingo games of chance organized via television network systems: EUR 70 000
• For poker festivals EUR 5 000
• for temporary casino-type games (valid three months) EUR 23 750
• for temporary slot machine-type games (valid three months) EUR 5 000
• for temporary bingo-type games in halls (valid three months) EUR 2 500.
Gambling operator's authorisation fees (annual):
- For traditional lottery-type games: EUR 180 000
- For mutual betting – traditional: 16 % of the organizer’s income from games of chance, but not less than: EUR 90 000
- For fixed-rate betting – traditional: 16 % of the organizer’s income from games of chance, but not less than: EUR 90 000
- For counterpart betting – traditional: 16 % of the organizer’s income from games of chance, but not less than: EUR 90 000
- For games of chance characteristic of casinos:
- for each table, in the city of Bucharest: EUR 60 000
- for each table, in locations other than the city of Bucharest: EUR 30 000
- For poker clubs:
- for each premises, in the city of Bucharest: EUR 70 000
- for each premises, in locations other than the city of Bucharest: EUR 30 000
- For each slot machine-type piece of gaming equipment:
- Slot machine Class A: EUR 2 600
- Electronic devices offering limited-risk winnings, Class B: EUR 1 500
- For bingo games taking place in gambling halls: EUR 7 000 for each hall.
- For bingo games of chance organized via television network systems: 16 % of the organizer’s income, but not less than: EUR 115 000
- For poker festivals EUR 20 000
- For temporary casino-type games (valid three months) EUR 10 000
- For temporary Class A slot machinetype games (valid three months) EUR 650
- For temporary bingo-type games in halls (valid three months) EUR 1 750 for each location.
Also, the minimum value of subscribed and paid-up share capital on the date of application for a gambling organizer’s license must be as follow:
- For organizers operating lottery games: minimum RON 2 000 000 RON
- For organizers operating mutual betting: minimum RON 1 000 000
- For organizers operating fixed-rate betting: minimum RON 1 000 000
- For organizers operating counterpart betting: minimum RON 1 000 000
- For organizers operating games of chance characteristic of casinos: minimum RON 1 000 000
- For organizers operating slot machinetype games: minimum RON 30 000
- For organizers operating bingo games taking place in gambling halls: minimum RON 100 000
- For organizers operating the online games of chance presented in h)-m): minimum RON 1 000 000
- For organizers operating bingo games of chance organized via television network systems: minimum RON 1 000 000
- For organizers operating temporary games: minimum RON 1 000 000
- For organizers of poker festivals: minimum RON 1 000 000
Our lawyers in Bucharest are here to help you register a company in this field of activity and to assist you in obtaining the requiered licenses for gambling businesses. We want to make the process hassle free for you, so call us anytime for a free consultation.