Online pay to play skill based gaming platform requirements Online pay to play skill based gaming platform requirements

3 years ago

We are an online skill based gaming platform that involves paid participation and prize money. We are aware that online game of skill is prohibited in 5 states and for Nagaland, license is required. Whereas the rest of the states in India allow it. So except these 6 states, is a license required? If not, what are the requirements? I request you to answer, we might hire as well.

Anish Palkar

Responded 3 years ago

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A.I have gone through your query in detail.
Yes, In Nagaland Online Gaming license is compulsory.
1) Gaming license comes under the Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2016. The said act exclusively prohibits gambling which include games involving wagering or betting based on chance and not skill. The act is applicable on all games of skill where there is preponderance of skill, over chance even though they may include placing wagers or bets etc.


2) Licensing Basic Requirements
A) The Applicant is a person or entity incorporated in India and has substantial holding and controlling stake in India.
B) The Applicant should not have any criminal record.
C) The controlling stakes and decisions are to be made in India.
D) The Application in the prescribed format is to be submitted along with the application fee of Rs.50,000/-

3) The Applicant must have
A) Company Incorporation and tax related documents with the application of all the partners of Pvt. Ltd. Co./ LLP
B) (RNG- Certification) Random Number Generation Certification
C) Software certification
D) Payment of Fees of Rs.10 lakhs Per Game OR Rs.25-30 Lakhs for Multiple games, valid for 3 years.
E) The license-holder company has to pay a Royalty gaming tax of 0.5% of the gross revenue generated, minus any service tax, bonus, cashback, payment gateway online charges etc.

4) NEW BUSINESS START-UP/ Company Incorporation (Refer-3-A) DOCUMENTS REQUIRED FOR ALL PARTNERS/ Directors
1) 4 Latest Photograph
2) PAN CARD
3) ADHAAR CARD
4) CANDIDATE FULL NAME
5) DATE OF BIRTH ( School/ College leaving certificate Compulsory)
6) Gazette Copy (IF ANY)
7) CASTE CERTIFICATE (IF ANY)
8) ADDRESS PROOF (TEMP)
9) IF PERMANENT ADDRESS PROOF (If Different)
10) 6 Months Savings Bank Statement / Passbook of Residence Address (It Should be Same of Adhaar Card/ Voter Card/ Driving License)
11) VALID MOBILE NO. AND EMAIL ID for OTP & Company Formation process

PROCESS TO BE COMPLETED
1) Class 2 digital Signatures for all partners
2) Partner Identification & DPIN - (Designated Partner Identification Number)
3) LLP Name finding & Approval for the same
4) LLP Deed Drafting
5) Incorporation Fees of 1 lacs Share Captial
6) SBI Current Account / DBS Current Account
7) LLP Incorporation Kit with Ledgers Software
8) Form 8 & 11 filing
9) GST Registration
10) Website with payment gateway

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ADV. ANISH PALKAR (High Court)
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
It has to be under go several tests before it is considered as Skill Game. Needs detailed discussion.
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