SÁB 6 DE JULIO DE 2024 - 03:16hs.
In Finance Ministry website

Secretariat of Prizes and Betting launches website with FAQ link for those interested

The website of the Secretariat of Prizes and Betting (SPA) of the Ministry of Finance is already live bringing together all current legislation for ‘bets’, commercial promotions and lotteries. The web will be updated when needed and has already added the expected Frequently Asked Questions (FAQ) link (in Portuguese) to provide broad transparency of the initial doubts that are being raised about the authorization procedure for operating sports betting and online games.

Secretariat of Prizes and Betting (SPA) is a body of the Ministry of Finance responsible for authorizing, permitting and granting, regulating, standardizing, monitoring, supervising, inspecting and sanctioning, in accordance with the Law:

a) the free distribution of prizes as advertising;

b) the free distribution of prizes carried out by civil society organizations;

c) the early capture of popular savings;

d) fixed odds bets;

e) sweepstakes and lotteries carried out by horse racing promoters.

SPA is responsible for two major areas: Commercial Promotion and Fixed Odds Betting.

The new website (available in Portuguese) site offers the following content:

* FIXED ODD BETS

  + Legislation

All laws and ordinances published until the moment that regulate activity

+ Authorization

-Certifying Entities (Entities authorized by the Ministry of Finance to certify Fixed Quota Betting operators, with the qualification ordinance)

-Annex of the Authorization Ordinances

+ Order List

List of operators that have carried out the authorization request process within the Betting Management System – SIGAP to operate fixed-odd bets, in compliance with the regulations of the Secretariat of Prizes and Betting of the Ministry of Finance.

SIGAP is a technological solution developed by the Ministry of Finance with the aim of allowing the regulation, monitoring and inspection of the betting market in Brazil, based on the provisions of Law No. 13,756/2018 and Law No. 14,790/2023.

Through it, it will be possible to carry out the process of requesting authorization to explore fixed-odd betting, in compliance with the regulations of the Prizes and Betting Secretariat of the Ministry of Finance.

+ Frequently Asked Questions

There are 16 frequently asked questions:

1. Will all companies that submit the authorization request within 90 days, counting from the publication of Ordinance SPA/MF nº 827, of May 22, 2024, begin operation on 01/01/2025?

2. How long will it take for the company to receive a response on its license application?

3. Is the 90-day period to request authorization aimed at companies that were active on the date of publication of Law nº 14.790, of December 29, 2023?

4. Can the terms of the authorization application be amended? In this case, what is the date for term counting purpose, the one contained in the original application or the date amendment? If the amendment occurs after 90 days, authorization may not occur until 31/12/2024?

5. Can customer service in Brazil be outsourced?

6. Can the operating agent request the registration of “bet.br” domains similar to your commercial brand in order to redirect customers who mistakenly enter the wrong address for your website?

7. Do the directors of the applicant legal entity need to be statutory? Or can they be employees hired with the position of director?

8. Can professionals responsible for the areas described in article 8, §2, of Ordinance SPA/MF nº 827, of 2024, be outsourced? Do these professionals need to be Brazilian?

9. Can professionals responsible for the areas described in article 8, §2, of Ordinance SPA/MF nº 827, of 2024, be non-residents in Brazil with an attorney in the country?

10. Are the country's Commercial Boards advised to accept CNAE 9200-3/99? How should applicant legal entities proceed to obtain their registration with the Commercial Boards?

11. Together with the authorization request, the policies mentioned in item II of the caput of art. 12 of Ordinance SPA/MF nº 827, of 2024, or the declaration contained in its Annex IX?

12. In what order will authorization requests submitted to SPA/MF be analyzed?

13. Will there be an administrative appeal for any rejection of the authorization request?

14. Can the declarations required in the authorization process be submitted in bicolumn format (Portuguese and English)?

15. What should I do if the documents required by Ordinance SPA/MF nº 827, of 2024, do not have equivalents abroad?

16. Can a foreign certifying entity, with operational capacity recognized by SPA/MF, operate in Brazil through a branch? In this case, is it necessary to submit a new request for recognition of operational capacity?

* COMMERCIAL PROMOTION

+ Legislation

All laws and ordinances published until the moment that regulate activity

+ Frequently Asked Questions
There are 29 frequently asked questions

* LOTTERIES

+ Legislation

All laws, decrees and ordinances published until the moment that regulate activity

* SPA STRUCTURE
SPA organizational chart and organizational responsibilities

Source: GMB