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Resolution Of 16 November 2011, The Direction General Of Management Of The Game, Which Approves The Provision Developed By Chapter Iii Of Title Ii Of The Royal Decree 1614 / 2011, November 14 And The Determination Of The I...

Original Language Title: Resolución de 16 de noviembre de 2011, de la Dirección General de Ordenación del Juego, por la que se aprueba la disposición que desarrolla el Capítulo III del Título II del Real Decreto 1614/2011, de 14 de noviembre y la determinación de los i...

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TEXT

Law 13/2011, of 27 May, of regulation of the game establishes the regulatory framework of the activity of play, in its various modalities, that it is developed with state scope in order to guarantee the protection of the order public, fight against fraud, prevent addictive behaviour, protect the rights of minors and safeguard the rights of participants in games.

The exercise of the gambling activities regulated by the aforementioned law is subject to the prior obtaining of the corresponding enabling title, in particular, general and singular licenses. With the main purpose of protecting the participants of the games, the Law establishes a series of measures that the operators that obtain a license must adopt and, among them, highlights the contribution of financial guarantees.

Article 14 of Law 13/2011, of 27 May, of regulation of the game, developed by Chapter III of Title II of Royal Decree 1614/2011 of 14 November, for which the said Law 13/2011 is developed as regards licenses, authorizations and records of the game, provides for the basic regime of the guarantees to be provided by the operators of the game.

For its part, the final provision of the aforementioned Royal Decree 1614/2011, enables the National Gaming Commission, in accordance with the provisions of Article 23 of Law 13/2011, to issue those provisions which are (a) precise conditions for its development and implementation, and therefore, on the basis of the power conferred, the Development Disposition of the said Royal Decree 1614/2011 and the models for the establishment of the guarantees provided by means of guarantee or guarantee caution.

Likewise, article 14.3 of Law 13/2011, of May 27, of regulation of the game, and the various Ministerial Orders for which the basic regulation of the games is established, attribute to the National Commission of the Game the the determination of the amounts of the operator guarantee linked to the individual licences for the different types of game. Accordingly, the approval of the corresponding Disposition is obtained in parallel with the approval by the holder of the Ministry of Economy and Finance of the regulation of the rules of the game.

Any time the National Gaming Commission has not been effectively constituted and in application of the first transitional provision of Law 13/2011, of 27 May, of regulation of the game, it corresponds to this Directorate General of Management of the Ministry of Economy and Finance the approval of the provisions referred to and, among them, the one that develops the basic regime of guarantees.

In its virtue, and prior to the favorable report of the State Advocate in the Ministry of Finance and Finance Secretariat of the Ministry of Economy and Finance, it resolves:

First.

Approve the provision for the development of Chapter III of Title II of Royal Decree 1614/2011 of 14 November, for the development of Law 13/2011, of 27 May, for the regulation of the game, as regards licences, the authorisations and records of the game that are attached as Annex I to this Resolution.

Second.

Approve the operator warranty amounts that are linked to the unique licenses corresponding to the different types of game and listed as Annex II to this Resolution.

Third.

Approve the warranty constitution models listed as Annexes III and IV to this Resolution.

Fourth.

The references that in the provision approving this Resolution are made to the National Gaming Commission shall be construed as the General Direction of the Management of the Game of the Ministry of Economy and Finance or the public body or a management centre to which its powers are legally assigned until the effective establishment of the said regulatory body. References to the President of the National Gaming Commission shall be construed as references to the Director General of the Game Management.

Fifth.

This Resolution shall enter into force on the day of its publication in the Official Gazette of the State.

Madrid, November 16, 2011. -Director General of the Game Management, Immaculate Vela Sastre.

ANNEX I

Provision for the development of Chapter III of Title II of Royal Decree 1614/2011 of 14 November

.

First. Object.

This provision aims at the development of Chapter III of Title II of Royal Decree 1614/2011 of 14 November concerning the requirements and conditions to govern the formation of related guarantees. to the general and singular licenses for the development of gaming activities referred to in Law 13/2011, of May 27, of regulation of the game.

Second. Legal status of guarantees.

The legal status of guarantees linked to general and singular licences for the development of gambling activities shall be that laid down in Article 14 and consistent with Law 13/2011, of 27 May, of regulation of the In Chapter III of Title II of the Royal Decree 1614/2011, the various Ministerial Orders for which the Basic Regulation of the gambling activities is adopted, this Disposition and the additional implementing rules which it gives the National Gaming Commission.

Third. Scope of the warranty.

1. The guarantee of the gaming operator, without prejudice to its connection for purposes of calculation to the general or singular licences which it has requested or to which it is a holder, shall be unique and its amount shall be determined in each case in accordance with the established in Royal Decree 1614/2011 of 14 November, for the development of Law 13/2011, of 27 May, of regulation of the game, regarding licenses, authorizations and records of the game and in this provision.

2. The failure to provide the guarantee, its insufficiency or constitution outside the time limit set, or its loss of effectiveness constitutes a cause of refusal or extinction of the title for which it was requested or linked.

Fourth. Constitution of the guarantee.

1. The guarantee linked to the general licence, in accordance with the provisions of Article 42 of Royal Decree 1614/2011, of 14 November for the development of Law 13/2011, of 27 May, of the regulation of the game, as regards licences, permits and records of the game, must be submitted with the application for granting the general licence and shall maintain its amount and validity until the end of the initial period ending on 31 December of the year following that of the grant of the general license.

2. The calculation of the guarantee linked to the general or singular licences and the adjustment in their case of the amount of the operator's guarantee shall be carried out with effect from 1 January of the year immediately following the year of the grant. of the corresponding singular license.

In subsequent years, the calculation and, where appropriate, the modification of the amounts shall be carried out annually with effect from 1 January.

3. The operator shall provide the National Gaming Commission, before 15 February of each year, with the accreditation of the modification of the amounts referred to in the preceding numbers.

4. In the cases of transmission of the licence referred to in Article 9 (3) of Law 13/2011 of 27 May, regulation of the game and Article 6 of Royal Decree 1614/2011, the new licensee must provide new security within three days of the notification of the resolution authorising the transmission of the licence.

Fifth. Amount and calculation of guarantees.

1. In accordance with Annex I to Royal Decree 1614/2011 of 14 November, for the development of Law 13/2011, of 27 May, of regulation of the game, regarding licenses, authorizations and records of the game, the guarantee linked to the the general licence for his initial period shall be EUR 2 million for each general licence granted, except for the form of gambling referred to in Article 3 (e) of Law 13/2011 of 27 May 2001 on the regulation of the game, which will be five hundred thousand euros.

In the years after the initial period, the amount linked to the whole of the general licences for which the operator is a holder, irrespective of his or her modality, shall be EUR 1 million, except in the case of the operator only holds a general licence for the mode of play referred to in point (e) of Article 3 of Law 13/2011 of 27 May of regulation of the game, in which case the amount shall be two hundred and fifty thousand euro.

The amounts referred to in the preceding paragraph, without prejudice to the third subparagraph, shall in turn have the minimum amount of the operator's guarantee.

2. The amount of the security linked to the individual licences of which the operator is a holder shall be calculated by the sum of the amounts resulting from the application of the provisions of Annex II to the resolution approving the This provision.

3. If the amount referred to in the preceding number is greater than the minimum amount of the operator's guarantee, the total amount of the security shall be that of the amount corresponding to the minimum amount, the general licences and the remaining to the singular licenses.

Sixth. Form of lodging of the guarantee.

1. In accordance with the provisions of Article 43 of Royal Decree 1614/2011 of 14 November, for the development of Law 13/2011, of 27 May, of the regulation of the game, in respect of licenses, authorizations and records of the game, the Operator guarantee may consist of:

(a) Cash, deposited in the account established for these purposes by the National Gaming Commission or by the public body or management center to which its jurisdiction is legally attributed.

b) Mortgage incorporated in real estate located in Spain.

(c) Avals submitted by credit institutions or mutual guarantee companies duly authorised to carry out their activity in Spain.

(d) Insurance of caution granted by insurance companies duly authorized to carry out their activity in Spain.

2. The cash guarantees referred to in point (a) of the preceding number shall be denominated in euro and shall not bear any interest.

The National Gaming Commission, at the request of the interested party to constitute cash collateral, shall notify the identification of the corresponding deposit account.

3. Whatever form, the guarantee shall be constituted with express renunciation of the benefits of division, order and excision, at first request and in favor of the National Commission of the Game or of the public body or management center to which it is legally attribute their powers, being enforceable in Spain and irrevocable. The endorsements and the insurance will be deposited in the National Gaming Commission itself.

4. The guarantees shall not be validly constituted until they are expressly considered sufficient to meet the requirements of the regulations applicable by the National Gaming Commission.

Seventh. Period of validity of the guarantee.

1. With the exception of the initial period of the guarantee, which shall be extended from the date of its establishment until 31 December of the year following that of the granting of the general licence, the operator's guarantee shall be annual and renewable for periods of time. annual until the end of the period of validity of the licence, general or singular, to which the amount of the licence is linked.

2. The validity and amount of the guarantee shall be maintained at all times by the operator. The National Gaming Commission may require the operator to proceed to the accreditation of the validity of the guarantees. If within one month from the date of notification of the requirement the validity of the guarantee is not credited, the operator may incur a revocation of the enabling title in accordance with the provisions of Article 14 of the Law 13/2011, of May 27, of regulation of the game.

Eighth. Cancellation of the guarantee and modification of its amount.

1. Extinguishing all the licences to which the guarantee is linked, and provided that it is known that there are no outstanding obligations or liabilities to which the guarantee is affected, the National Gaming Commission, shall return, at the request of the data subject, and after appropriate settlement where appropriate.

2. In the case of the termination of a single licence, to which part of the amount of the guarantee is linked, and provided that it is established that there are no outstanding obligations or liabilities to which the guarantee is affected, the National Gaming Commission or the public body or management centre to which its powers are legally attributed, shall agree to the reduction of the amount of the guarantee, at the request of the data subject, and after timely settlement where appropriate.

The result of the reduction in the amount of the operator guarantee, in no case shall be less than the minimum amount of guarantee referred to by the first number of the ordinal fifth of this provision.

3. The extension of the amount of the operator guarantee shall be made by the incorporation of a supplement to regularisation of the amount of the pre-existing guarantee, in any event the validity of the guarantee.

4. In the case of dismissal of the licence applied for or of revocation or termination of the licence to which the guarantee was linked, the President of the National Gaming Commission, after communication to the person concerned and, where appropriate, to the the credit or insurance institution concerned shall either proceed with the return of the security or the reduction of its amount in accordance with the provisions of the preceding number.

Ninth. Replacement of the warranty.

The National Gaming Commission or the public body or management centre to which its powers are legally assigned may authorise, at the request of the operator, the replacement of the security lodged.

The new warranty may only be constituted in the forms set forth in paragraph 6 of this provision.

The National Gaming Commission will not proceed with the return of the replaced warranty, until the new warranty is expressly considered sufficient.

10th. Execution.

The execution of the guarantees will require the prior opening by the National Gaming Commission of a procedure in which the interested party will be heard. In the framework of the said procedure, they shall be accredited:

(a) That there has been no suspension of the enforceability of the declarative act of the breach by the obligor if it has been used on an administrative basis, or that the act is firm in the event that the obligation The law of the Court of Justice of the European Communities, of the European Parliament and of the Council of the European Communities, of the European Parliament and of the Council

the European Parliament, of the European Parliament and of the Council

b) The amount of the guarantee to be seized and

(c) The prior notification to the person concerned of the intention to make the request for seizure, for the purposes of the hearing. For these purposes, the operator and, where appropriate, the person or entity who provided the security shall be taken into account and a period of 10 days shall be granted for the submission of claims, as well as documents and justifications. which they consider relevant in accordance with the provisions of Article 84 of the Law on the Legal Regime of Public Administrations and Common Administrative Procedure.

ANNEX II

Determination of the operator warranty amounts that are linked to the unique licenses corresponding to the different types of game

The amount of the guarantee linked to the unique licenses for the development and exploitation of the different games, ended the initial period of the guarantee, will be, for each type of game, the percentage, which figure to the gross or net income, as the case may be, of the operator imputable to the activity subject to a single licence in the year immediately preceding the date of effectiveness of the guarantee:

a) Sports mutual bets: 1.5% of gross receipts.

b) Hiking mutual bets: 1.5% of gross receipts.

c) Counterparty sports: 6.5% of net income.

(d) Counterparty horse bets: 7,5% of net income.

e) Other counterpart bets: 6.5% of net income.

f) Bingo: 6.5% of net income.

g) Concourses: 2% of gross receipts.

h) Roulette: 8% of net income.

i) Poker: 8% of net income.

j) Black Jack: 8% of net income.

k) Point and Banking: 8% of Net Income.

l) Supplementary Games: 6.5% of net income.

ANNEX III

Caution Insurance Constitution Model

The insurer ................................................................................................, with domicile in .................................................................................................................... and CIF number .......................................... (hereinafter the insurer), and in its name and representation D. ............................................................................................, with sufficient powers to force itself in this act as it results from the writing of powers granted by ................................................. on fecha................................and which in this act provides,

ENSURES

To the entity ........................................................ with CIF number ................................, in the concept of the policyholder, before the National Commission of the Game or the public body or unit of directive which are legally attributed to them, up to the amount of ................................................................. (€), in the terms and conditions laid down in the provision for the development of Chapter III of Title II of Royal Decree 1614/2011 of 14 November, adopted by Resolution of the Directorate-General for the Management of the Game of 16 November 2011, in the concept of Caution Insurance, to respond to the obligations and penalties of the gaming operator identified as a policyholder, and which can be derived from the Insurance, the general and singular licenses of the that is a holder for the development of gaming activities.

The non-payment of the premium, whether unique, first or next, will not entitle the insurer to terminate the contract, nor will it be extinguished, nor the cover of the suspended insurer, nor is it released from its obligation, the insured must make the warranty effective.

The insurer subscribes to this bond unconditionally and irrevocably and will not be able to object to the insured for any exceptions that may correspond to the policyholder, expressly waiving the benefits of excision, order and division.

The insurer assumes the commitment to indemnify the insured person to the first requirement of the National Gaming Commission or the public body or unit of directors to which their powers are legally attributed after the completion of the the procedure referred to in the 10th paragraph of the Disposition of the General Management of the Game identified in the body of this guarantee.

This Cautioning Insurance will take effect on the date of its signature and will be valid until the National Gaming Commission authorizes its cancellation or return, although the effects and scope of its coverage will be delimited. the facts by which the liability of the insured person occurred from the date of issue of the guarantee may be derived until 31 December 20 .....1

1 End date of the initial period.

From the due date, this coverage may be extended for successive annual periods, for which the insurer will subscribe to the corresponding extension and regularisation supplement with effect from 1 January of each year, in which the new amount of the guarantee linked to the general and individual licences for which the insured operator holds for that period of risk is collected with the same effect and qualitative scope. This amount shall be calculated by the sum of the amounts resulting from the application of the provisions of Annex II to the Resolution identified in the body of this guarantee.

The notifications to be made by the parties in accordance with this Caution Insurance will be made to the respective addresses listed below:

• By the insurer:

................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................ . ..................................................................................................................................................................................................................

To the attention of D. .........................................................................................................

• On the part of the National Gaming Commission or the public body or a board of directors to which their competencies are legally attributed:

General Management of Game Management.

Calle Capitan Haya, 53.

28020 Madrid.

To the attention of the Subdirector General of Gaming Regulation.

The insurer, with the waiver of any other jurisdiction that may correspond, is expressly submitted to the Courts and Tribunals of the City of Madrid for the resolution of any disputes that may arise. derived from this guarantee.

In Madrid, a .......... de .................................. de 20 ......

[Signature and seal of insurance entity]

ANNEX IV

First-requirement endorsement constitution model

.................................................................................................................................. 2, with address in .................................................................................................................... and CIF number .......................... (henceforth, the guarantor), and in his name and representation D. ..........................................................................., with sufficient powers to force himself in this act as it results from the writing of powers ......................................................... on date ................................ and which in this act provides,

AVALA

A ............................................................................................................................ 3, with domicile in .................................................................................................................. and CIF number ............................, and it undertakes in front of the National Commission of the Game or the public body or management center to which its competences are legally attributed, unconditionally and irrevocably, to pay to its first Requirement an amount of ......................................................... euro 4 (............... euros 5), in guarantee of the obligations assumed by the entity endorsed in accordance with the provisions of Article 14 of Law 13/2011, of 27 May, of regulation of the game and its rules of development, all against the simple and previous requirement addressed to the guarantor by the National Gaming Commission or the public body or the unit of directors to which their powers are legally attributed.

The payment will be made by credit of the said amount in the two (2) working days following the date of the requirement, in the current account indicated in the requirement that the National Gaming Commission or the a public body or a directive to which its powers are legally conferred. The obligation assumed by the guarantor under this Aval is abstract, autonomous, independent, irrevocable, unconditional and enforceable at first request.

The guarantor expressly disclaims the benefits of division, order and excision and renounces the opposition of any kind of exception, whatever its nature.

The guarantee that this document will be granted will enter into force on the date of its signature and will be valid until the National Commission of the Game authorizes its cancellation or return, although the effects and the the extent of their coverage to the facts by which the liability of the collateral occurred from the date of issue of the guarantee may be derived until 31 December 20 .....6

From the due date, this Aval may be extended for successive annual periods, for which the guarantor will subscribe to the corresponding extension and regularization supplements with effect from 1 January each year, in which the new amount of the guarantee linked to the general and individual licences for which the operator endorsed for that period of risk is the subject of the same qualitative effect and scope. This amount shall be calculated by means of the sum of the amounts resulting from the application of the provisions of Annex II to the Resolution of the General Directorate for the Management of the Game of 16 November 2011.

2 Identification of the avalista entity.

3 Identification of the endorsed entity.

4 Amount in letter.

5 Amount in number.

6 End date of the initial period.

The notifications to be made by the parties in accordance with this Aval at first request will be made to the respective addresses listed below:

• By the guarantor:

................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................ . ..................................................................................................................................................................................................................

To the attention of D. .........................................................................................................

• On the part of the National Gaming Commission or the public body or a board of directors to which their competencies are legally attributed:

General Management of Game Management.

Calle Capitan Haya, 53.

28020 Madrid.

To the attention of the Subdirector General of Gaming Regulation.

The guarantor, with the resignation of any other jurisdiction that may correspond, is expressly submitted to the Courts and Tribunals of the City of Madrid for the resolution of any disputes that may arise from the This warranty.

This endorsement has been entered on this same date the Special Register of Avales of the guarantor entity with the number ............................

In Madrid, a .......... de .................................. de 20 ......

[Signature and stamp of the guarantor]