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 casino gaming 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 casino under Cameroon law?
A casino 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 gambling establishment also engaging in shows or catering, where so-called counterpart games and circle games are played and slot machines operated.
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.
Does a casino gaming 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 casino gaming company registered in Cameroon?
10 years renewable
Under what conditions can a concession agreement be granted to a registered casino gaming company in Cameroon?
In line with section 19 of the 2015 law, the registered casino gaming company in Cameroon has to fulfil the following conditions before a concession agreement can be granted;
- Technical requirement of quality, comfort and security of premises must be according to internationally acceptable standards.
- The number, type and specification of gaming machines, apparatuses and other equipment to be used must comply with the model approved by the Ministry in charge of gaming.
- The casino’s operating as well as administrative and functioning conditions must be subscribed to an annual insurance policy.
- The casino’s operator’s arrangements for contributing towards financing economic, socio-cultural, health or sports development projects and programs in the community concerned etc.
How many shareholders should a casino gaming company have upon registration in Cameroon?
The 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 casino gaming 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 casino gaming business be registered in Cameroon?
A casino gaming 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 casino gaming company in Cameroon?
Yes. They are as follows;
Category A Casino – 250,000,000 FCFA
Category B Casino – 100,000,000 FCFA
Category C Casino – 50,000,000 FCFA
Category D Casino – 25,000,000 FCFA
What are the contributions to be paid to the capital of a casino gaming company in Cameroon?
Cash contribution, Service contribution and Contribution in kind.
Can a shareholder of a registered casino gaming company in Cameroon be a manager?
Yes.
Can a foreign national own 100% shares of a casino gaming company in Cameroon?
Yes
What are the mandatory requirements for promoters wishing to register a casino gaming company in Cameroon?
Promoters wishing to register an casino gaming 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 casino gaming 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 casino gaming company registered in Cameroon is operational?
For a casino gaming 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 casino gaming company in Cameroon?
To register a casino gaming 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 casino gaming 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.