According to Article 3 of the Uniform Act relating to Commercial Companies and Economic Interest Groups in Cameroon, any person, whatever their nationality, wishing to engage in the form of a company shall choose a form of company, which suits the activity, envisaged from among those provided by the Organization for the Harmonization of Business Law in Africa (OHADA) Law.
The regime and activities of a Betting company in Cameroon is regulated by Law No. 2015/012 of 16 July 2015 which lay down regulations governing entertainment game, money games and games of chance in Cameroon and Decree No. 2019/2300 of 18 July 2019 precising the modalities of application of the 2015 law fixing the regime for games of amusement, money and chance.
What is a Bet under Cameroon law?
A Bet in accordance to section 4 of law No. 2015/012 of 16 July 2015 which lay down regulations governing entertainment game, money games and games of chance in Cameroon is defined as a game in which winnings in cash depends on predicting the result or outcome of a race, contest or competition.
What is gaming under Cameroon law?
Gaming in accordance to section 4 of law No. 2015/012 of 16 July 2015 which lay down regulations governing entertainment game, money games and games of chance in Cameroon is defined as a leisure activity carried out as a distraction or for winnings in kind or cash, and whose outcome depends, as the case may be, on the player’s dexterity or skills, or on chance.
What is entertainment game under Cameroon law?
An entertainment game according to section 4 of law No. 2015/012 of 16 July 2015 which lay down regulations governing entertainment game, money games and games of chance in Cameroon is defined as a game which sole purpose is distraction, without seeking any winning in kind or cash.
What is money game under Cameroon law?
This is the game in which, in hope of winning, a player wagers money which he cannot recover.
What is game of chance under Cameroon law?
This is the game with the probability of winning in kind or cash, in which chance predominates over skills.
What is online game, online betting or cyber game under Cameroon law?
This is a game or betting in which participation is exclusively through an online public communication service. A bet or game engaged in through terminals used exclusively or mainly for providing gaming, in private premises open to gamblers, in private premises open to the public shall not constitute online gaming or betting.
What is Mutual Bet under Cameroon law?
This is a bet following which the winning players share the total amount staked, pooled in a pot prior to the start of the event concerned, less sundry levies provided for by the laws and regulations inforce and by the operator, with the later being neutral and disinterested as to the outcome of the bet.
What is Odds Betting under Cameroon law?
This is a bet in which, prior to the start or in the course of sporting competitions, the operator offers players odds corresponding to his assessment of the probabilities of occurrence of the results of such competitions on which the players bet. The winnings are fixed, expressed as a multiplier of the stake and guaranteed the players by the operator.
Does a Betting company in Cameroon need approval?
Yes, from the minister in charge of gaming in Cameroon through a concession agreement.
What is the duration of a concession agreement for a Betting company registered in Cameroon?
10 years renewable
Under what conditions can a concession agreement be granted to a registered Betting company in Cameroon?
In line with section 26 of the 2015 law, the registered betting company in Cameroon has to fulfil the following conditions before a concession agreement can be granted;
- Betting type and Technical specifications.
- Protection of minors.
- Training and informing bettors.
- Transparency and security of bettors.
- Employment of nationals.
How many shareholders should a betting company have upon registration in Cameroon?
The betting company can have as many shareholders as possible. The shareholders can be physical persons or legal persons. However, the shareholders should not be prohibited by the factors of being a convict, bankruptcy or not legally qualified to own shares in a company.
What should promoters look out for prior to register a betting company in Cameroon?
The promoters should ensure that they are qualified to be awarded a license/authorization to operate by the Ministry in charge of gaming in Cameroon.
The promoters should ensure that the services their company seeks to offer meet the required technical standards of the industry.
The promoters should also ensure they are not barred from registering a company under Cameroon law.
Under what type of company can a betting business be registered in Cameroon?
A betting business can be registered under two forms of companies. A private limited company and a public limited company. This will be based on the minimum share capital to be contributed by the founders upon incorporation of the company.
Are there any financial requirement to be granted a concession agreement to operate a betting company in Cameroon?
Yes. They are as follows;
Category A – 100,000,000FCFA
Category B – 50,000,000FCFA
How many concession agreements are granted to a registered betting company in Cameroon?
Two types as follows;
Category A concession agreement for operators having a turnover of above 3 billion francs cfa.
Category B Concession agreement for operators having a turnover of below 3 billion francs cfa.
What are the contributions to be paid to the capital of a betting company in Cameroon?
Cash contribution, Service contribution and Contribution in kind.
Can a shareholder of a registered betting company in Cameroon be a manager?
Yes.
Can a foreign national own 100% shares of a betting company in Cameroon?
Yes
What are the mandatory requirements for promoters wishing to register a betting company in Cameroon?
Promoters wishing to register a betting company in Cameroon must fulfil the following mandatory requirements;
- Must possess a valid Passport or National Identity Card.
- Must be of age 18 years and above.
- Must not be bankrupt from their country of origin.
- Must provide an authorizing document from the parent company if a subsidiary company to be registered in Cameroon.
- Must not suffer from insanity.
- Must possess good criminal records, which is evidenced by a non-crime certificate.
Can a betting company in Cameroon be registered but not operate?
Yes. If the company has not been granted the authorization/concession from the Ministry in charge of gaming.
What is the prove that a betting company registered in Cameroon is operational?
For a betting company registered in Cameroon to be fully operational, it must show proof of the following;
- A certificate of Incorporation
- An MO Form registration license
- A tax payer’s registration number
- A notarized lease agreement
- A location plan
- A certificate of non-indebtedness
- An attestation of Bank account creation
- A physical office location
- A matriculation number from the National Social Insurance Fund for the newly registered company in Cameroon
- A matriculation number per staff/worker from the National Social Insurance Fund
- An authorization/concession from the ministry in charge of gaming.
What information is required to register a betting company in Cameroon?
To register a betting company in Cameroon, the corporate attorney is enjoined by law to request some mandatory information from the company promoters/ founders. This information enables the registration the company in Cameroon to be successful irrespective of whether the founders/promoters are in Cameroon or abroad.
In accordance with section 262 of the Uniform Act relating to commercial companies and economic interest groups of the OHADA Law, the following information is required from the company founders;
- Name of company
- Form of company (Public Limited Company or Private Limited Company)
- Objectives of the company
- Copy of shareholder(s) identification documents
- Non-crime certificate
- Company startup capital
- Copy of identification document of company Manager or General Manager etc.
What documents have to be established by the corporate attorney? Legal assistance to register a betting company in Cameroon.
The corporate attorney is to establish the following documents which will be subject to registration;
- Memorandum and Articles of Association of the company
- Notarized statement of subscription and payment of shares
- Notarized certificate of appointment of company manager
- Declaration of Regularity and Conformity with the OHADA Law
- Notarized list of company shareholder (s) and company manager (s)
- Location sketch of business premises.
Documents delivered upon completion of the registration process
- A certificate of Incorporation
- An MO Form registration license
- A tax payer’s registration number
- A notarized lease agreement
- A location plan
- A certificate of non-indebtedness
What are the administrative bodies involved of the registration process?
- The Court of First Instance
- The Stamp Duty Office
- The Tax Office
- The Company Registration Office
- The Ministry in charge of gaming.