company formation (complex of questions for solution)

[iuriiN]

Hello.


We are developing online computer game. And we need to form a company (I think offshore or something like this) somewhere.


User in this game can pay money for playing and can win some money if


he will be skillful (skill game). So, it`s not gambling as casino, bingo,... etc.


First question - do we need to have a gambling license?


If we must have, then when someone will ask for it?


And why we need it since we are not a casino?


other question are quite simple - what jurisdiction to choose to meet our needs:


- merchant account (or any other way to accept credit cards visa, mastercard,...)


- possibility to recieve money from all over the world (Asia, Europe, USA) with no limitations (some of jurisdictions don`t recieve from usa or europe)


Maybe someone knows any other questions to be discussed... Because I`m new in it and don`t have enought info even to ask a correct questions.


Thank you very much in advance for your answer!

 

[Zqq]

User in this game can pay money for playing and can win some money if
he will be skillful (skill game). So, it`s not gambling as casino, bingo,... etc.


First question - do we need to have a gambling license?


If we must have, then when someone will ask for it?


And why we need it since we are not a casino?

Consult a lawyer about this. Laws vary greatly from one country to another. It's irrelevant where you incorporate such a structure, as you will most likely be considered to be operating from wherever you live, so you have to answer to local laws.

 

[iuriiN]

Consult a lawyer about this. Laws vary greatly from one country to another. It's irrelevant where you incorporate such a structure, as you will most likely be considered to be operating from wherever you live, so you have to answer to local laws.

Actually, it doesn`t metter where I live.


What does metters is where the company is incorporated, maybe where the hosting is, but not where I live (actually I can travel through different countries an rule my business).


Do you know any place I can get such a consultation?

 

[Zqq]

Actually, it doesn`t metter where I live.
What does metters is where the company is incorporated, maybe where the hosting is, but not where I live (actually I can travel through different countries an rule my business).

This is incorrect.


Except for a limited number of jurisdictions, operation is key to determining where a company is legally resident and, thus, to which jurisdiction's law it must answer.


If things were as easy as you describe, there wouldn't be hundreds of gambling operators in Malta. By your logic, they would have Maltese licenses but operate from wherever they feel like.


Applying your understanding, a for example Turkish company could acquire a Maltese gambling license and then offer gambling services while based in Turkish - contrary to Turkish law. In the real world, you'd be thrown in jail for it.

Do you know any place I can get such a consultation?

HG.org is a pretty good website for finding law firms.

 

[iuriiN]

Maybe, you got me wrong.


I said that it doesn`t metter where I live. Sure, the key is where a company is legally resident.


That`s why I wrote:

other question are quite simple - what jurisdiction to choose to meet our needs:

I don`t know what country to choose for company establishment. That`s why I`m asking for help

 

[Zqq]

Country for establishment depends on what the laws state where you plan to operate. It's a bit of a Catch-22.


The easiest start would probably be to consult a local lawyer and get an opinion on whether the game is considered gambling in your jurisdiction, since you will be operating from there (unless you plan to move).


Optionally, if you are confident it's not gambling and you accept the risk, you could skip taking legal advice and just incorporate almost anywhere, hoping that the game counts as just entertainment.

 

[iuriiN]

Ok, question in another way:


I got a consultation and understand that my game is not gambling. For example on British Virgin Islands (it doesn`t metter where, just for example).


BUT (!) it doesn`t mean that in another country, for example UK, (where my players are situated) it would be considerend as gambling. And I wouldn`t be able to recieve money from this country. Or not?


Or credit card processing center will tell me that it`s gambling. That`s why I`m asking is there any general (maybe worldwide) understanding about gabmling/not gambling.


I`m searching for a complex solution for my needs (described in the 1st post) and don`t know where to start. Actually, I`ve tried to start in different places


I`d go to local lawer, but of what country? I really feel like you said - catch-22.