Curacao Gaming License: Company and Substance Requirements

Does a Curacao gaming license require a resident director?

For a B2C applicant, yes. LOK Article 2.1(4) requires at least one Curaçao-resident individual director, or a corporate director incorporated and statutorily seated in Curaçao that is itself managed by at least one resident individual. Article 2.1 also requires the applicant to be incorporated and statutorily seated in Curaçao. An overseas company cannot satisfy that requirement simply by appointing a local agent.

Substance key persons and appointment responsibilities

The director requirement is separate from the additional substance key-person requirement.

LOK Article 5.12 describes resident key persons distinct from the director: one during the first four years after the law takes effect, increasing to three from year five, together with dedicated business premises. That clock runs from the law's commencement, rather than each operator's incorporation date. The announced postponement affects implementation; it does not restart that clock.

The Article also contains conditional relief. Do not assume a new company qualifies solely because it is new. Have eligibility and the necessary supporting evidence checked against the full conditions.

For each appointment, specify:

• the work;

• reporting line;

• access to records;

• availability;

• replacement arrangements.

If a corporate service provider supplies the director and another provider supplies compliance staff, agree how they exchange information and escalate problems.

Build one evidence file for the applicant

The CGA's current Business and Corporate Information Form requires corporate, control and funding information. Prepare a file that can be reconciled across the application, bank onboarding and commercial agreements.

An ownership chart that omits an intermediate holding company can undermine several applications at once. Reconcile names, percentages and control rights before documents are signed. Keep a dated master copy and assign someone to update it when ownership changes.

Decide what to outsource before requesting a quote

Corporate administration, compliance support, hosting and accounting can involve different providers. For each service, establish the deliverable and who remains accountable inside the applicant company. A contract should explain how records will be returned if the relationship ends.

For example, a compliance support quote should identify the activities covered, access to transaction data, escalation responsibilities and any excluded reporting work. The cheapest monthly fee may leave the operator to recruit the person who actually makes decisions.

Price the period before launch as well as the first operating year. Record which contracts start on incorporation, application, approval or launch. Add the applicable substance implementation costs to the Curaçao gaming license cost, rather than treating them as included in government fees.

Can the shareholders remain overseas?

Shareholder location and local operating requirements are different questions. Give the ownership and management map to the licensing adviser, including where decisions are made and where each key person works. Overseas ownership does not answer the tax residence, management or substance analysis.

What should an existing operator review now?

Check the company and roles against the permission currently held. Then compare its staffing and premises plan with the applicable deadline. If the business still relies on legacy contracts or license descriptions, use the LOK transition checklist to identify the evidence and agreements that need updating.

Discuss your company structure with MGL, including the group chart, existing appointments and intended launch date. We can scope the company and substance work with each service and recurring cost stated separately.