MAR 26 DE NOVIEMBRE DE 2024 - 08:51hs.
According to the Official Gazette

CVM recognizes sports betting sector, but claims to have no competence over the activity

Brazil’s Securities and Exchange Commission (CVM), linked to the Ministry of Finance, has just published the VVM Guidance Opinion 41/2023, intended to clarify the functioning of the Football corporations (SAF - Football anonymous society) and the market. The body recognizes the proximity of sports betting to football, especially sponsorships, but makes it clear that “they are not investments” and that “the CVM has no competence over the activity.”

To guide the implementation of the Football corporations (SAF), the Executive Management of the Securities and Exchange Commission, linked to the Ministry of Finance, edited Guidance Opinion CVM 41/2023, which sets out the guidelines for the institution and functioning of the associated companies to football clubs.

In the document, there is an entire chapter on the sports betting sector, which indicates that the segment is on the body's radar regarding its existence and how the activity should be viewed.

Chapter 8.2 defines sports betting and its relationship with football:

“Sports betting sites have multiplied, in Brazil and around the world, and this universe is getting closer to the world of football, especially in the form of club sponsorships. Although, for the most part, they are located in other countries, betting sites are able to reach Brazilian citizens through the internet and it is increasingly common for them to join and succeed here.

It is important to note that sports betting is not an investment and does not have characteristics that could classify the numerous betting possibilities as securities, or the companies responsible for their websites as issuers of securities.

Thus, the CVM reinforces that it has no competence over the activity of sports betting sites and that:

  1. there is no formalization of investment when a citizen decides to place a sports bet;
     
  2. the different chances of result do not arise from a market regulated by CVM; and
     
  3. there is no record of the bet placed in any registering entity authorized by the CVM or the Central Bank of Brazil.”
     

Source: GMB