Setting up an iGaming company in India has become more intricate under the Promotion and Regulation of Online Gaming Act, 2025. This law has redefined how gaming businesses operate, layering new regulatory demands onto the existing corporate legal framework. Successfully navigating this process requires a clear understanding of these updated requirements.
Step 1: Initial Planning and Consultation
The incorporation process begins with defining the legal boundaries of your gaming business. The National Online Gaming Commission (NOGC) now categorises games into specific types, and your business model must align with these permitted activities. For instance, games like e-sports and social games are allowed, while all online money games - such as fantasy sports (e.g., Dream11), online rummy, poker, and casual games with cash prizes - are banned. Violations can result in penalties of up to ₹1 crore and imprisonment for up to three years.
During this stage, MGL’s legal team works with you to ensure your business model complies with these classifications. They also evaluate your target market, technological needs, and operational structure. For foreign entrepreneurs, this includes adhering to RBI and FDI regulations, which restrict investments to skill-based gaming ventures that exclude lotteries, gambling, betting, and casinos.
Additionally, compliance with data protection laws under the Digital Personal Data Protection Act, 2023, and cybersecurity standards under the Information Technology Act, 2000, is addressed. This ensures your business is prepared to meet India's strict regulatory environment.
Step 2: Entity Selection and Legal Requirements
Once your business model is confirmed as compliant, the next step involves selecting the right corporate structure. Private Limited Companies are often favoured for their scalability and ability to attract investors, while Limited Liability Partnerships are a better fit for smaller operations due to their simpler compliance requirements.
The process begins with obtaining Digital Signature Certificates (DSCs) and Director Identification Numbers (DINs), followed by reserving a unique company name through the Ministry of Corporate Affairs (MCA) portal. MGL handles the preparation of all necessary regulatory documents, including the Memorandum of Association (MOA) and Articles of Association (AOA).
In addition, Know Your Customer (KYC) and Anti-Money Laundering (AML) documentation are completed, alongside gaming-specific compliance measures. These steps ensure a smooth transition into the final registration phase.
Step 3: Official Registration and Compliance Setup
The final step involves submitting all required documents to relevant government authorities to secure your Certificate of Incorporation. MGL oversees the entire submission process via the MCA portal and works with regulators to expedite approvals.
At this stage, your company must complete essential tax registrations. For example, GST registration is mandatory if your annual turnover exceeds ₹20 lakh, with gaming services subject to a 28% GST rate. If your operations involve international transactions, an Import-Export Code (IEC) is required to comply with cross-border data transfer rules.
Before launching operations, obtaining an NOGC licence is crucial. This involves submitting audited financial accounts, net worth certificates from Chartered Accountants, and police verification for directors and senior officials. MGL also sets up operational frameworks, including CERT-IN accreditation for cybersecurity, age verification systems, and responsible gaming protocols like session time limits and self-exclusion options. Additionally, payment gateway approvals are secured from RBI-licensed providers, ensuring all financial transactions meet regulatory standards.
Typically, the entire incorporation process is completed within 1–3 days for standard cases. However, obtaining the NOGC licence may require additional time, depending on the platform's complexity and compliance needs. Once all approvals are in place, MGL ensures your business is fully compliant and ready to operate within India's updated gaming regulatory framework.