Betting, Lotteries and Gaming Practice Group

At CM Advocates LLP, our dedicated Betting, Lotteries and Gaming Practice Group delivers specialized legal solutions to the dynamic and globally expanding sector of Betting and Gaming.

Our legal experts, with their profound knowledge and seasoned experience, stand at the forefront of legal innovation, addressing the comprehensive needs of our clients. The team combines deep legal expertise with a passion for the gaming and betting sector, offering a full range of legal services tailored to meet the unique needs of our clients.

From traditional casinos to online gaming platforms, sports betting companies to eSports ventures, we provide strategic advice to help our clients thrive in this competitive market.

We delve into the specifics of our service offerings:

Services Offered:

1. Entity Set-ups and Company Secretarial Services
   Our firm guides and assist new ventures and established companies alike, in forming legal entities optimized for the betting, lotteries and gaming industry's unique regulatory and operational challenges. This includes advising on jurisdictional benefits, corporate structure, shareholder agreements, and initial regulatory compliance. Our team ensures a solid foundation that promotes sustainable growth and resilience in a competitive market.
   Accordingly, our services in relation to entity set-ups and company secretarial services include business (company, partnership, etc.) registration, company restructuring, drafting, negotiating and reviewing of Shareholders Agreement and Partnership Deeds, drafting of Articles and Memorandum of Association, filing annual returns, filing company changes, attending company meetings and taking minutes among other services.
2. Licensing, Regulatory and Compliance
   Navigating the intricate web of licensing requirements and compliance regulations is our forte. Whether dealing with online platforms or brick-and-mortar establishments, our expertise spans across obtaining initial licenses, renewals, audits and compliance checks with local and international gaming regulations. We proactively keep our clients ahead of regulatory changes, minimizing risks and safeguarding their operations.
3. Representations Before Courts and Authorities
   We represent our clients in litigation, mediation and arbitration and regulatory matters relating to betting and gaming disputes. Our litigation experts are adept at handling both the prosecution and defence in civil and criminal cases including fraud, regulatory violations, intellectual property disputes, tax disputes, data breaches etc. Similarly, our regulatory practice provides comprehensive advice and represents clients in dealings with government bodies securing favourable outcomes in audits, investigations and licensing procedures.
   Our strategic approach aims to protect our clients' interests while mitigating risks and managing public relations.
4. Debt Recovery Services and Advisory
   Our Team offers expert legal advisory in all areas of debt recovery and we assist the entities in betting and gaming sector in matters relating to debt recovery.
5. Anti-Money Laundering Guidance
   We ensure that companies in the betting and gaming sector implement comprehensive and robust Anti-Money Laundering (AML) policies and procedures to effectively reduce the risk of financial crime and maintain compliance with changing regulatory standards. Our services include providing AML training to staff in the gaming sector to ensure that internal policies are robust and in line with compliance needs and conducting regular audits to assess compliance with AML regulations.
6. Due Diligence in Gambling Related Mergers
   We assist clients by providing strategic counsel on mergers, acquisitions and corporate structuring to enhance growth and competitiveness. Our team in this regard assists in undertaking due diligence processes, drafting, negotiating and reviewing agreements and implementing mergers and acquisitions.
   Our Mergers & Acquisitions services are characterized by meticulous due diligence, identifying risks and opportunities in potential mergers or acquisitions. We assess regulatory compliance, financial health, IP assets and employment liabilities to inform negotiation strategies and ensure seamless transaction execution, supporting our clients' strategic growth ambitions.
   Assist with post-merger integration, including aligning operational processes, managing workforce transitions and handling the consolidation of licenses and intellectual property portfolios.
7. Tax Advisory
   Our tax advisory service is tailored to the unique aspects of the gambling and gaming industry, addressing both direct and indirect taxation issues domestically and internationally. From structuring operations to minimize tax liability to handling disputes with tax authorities, we offer comprehensive guidance to navigate the complex tax landscape.
8. Immigration and Global Mobility
   Supporting the global nature of the betting, lotteries and gaming industry, we assist our clients with the various immigration processes for key talent and executives moving across borders. Our services encompass offering advisory on the various types of Kenyan residence status, both temporary and permanent. The team also assists in procuring the applicable immigration work/residence permits for investors in the betting, lotteries and gaming industry who wish to reside in Kenya while undertaking their investments. Besides, we also assist the investors to procure employees' work permit in instances where they intend to hire expatriate workers.
   Our team provides support in advising and securing Kenya dependent passes for the family members of non-Kenyan investors in the betting, lotteries and gaming industry. Additionally, our team offers thorough guidance on long-term immigration options, such as permanent residency and citizenship. The team additionally assists Kenyans who have renounced their citizenship in reclaiming it, declaring dual citizenship, endorsing dual citizenship, and obtaining national identity cards and passports, particularly for investors or personnel involved in the betting, lotteries and gaming industry who were previously Kenyan and wish to return and invest in their home country.
   The team gives comprehensive advisory on immigration matters and conducting immigration audits to ensure that organizations are in compliance with the Kenyan immigration laws. Furthermore, the team helps in obtaining investment certificates from the Kenya Investment Authority for betting companies that intend to invest more than USD 100,000/=.
9. Protection of Intellectual Property Rights
   In the highly competitive betting, lotteries and gaming industry, protecting intellectual property (IP) is crucial. Our services include securing patents for gaming inventions, registering trademarks for game titles and company brands, copyright protection for game designs and gaming software and digital content, handling, preparing, negotiating and reviewing licensing agreements and defending IP rights in infringement cases. We help our clients protect their most valuable assets, ensuring their innovations drive growth and differentiation.
10. Sponsorship Agreements
    Our team drafts, reviews and negotiates sponsorship and partnership agreements ensuring that our clients’ relationships with sports teams, leagues or eSports platforms are protected and beneficial.
11. Commercial Arrangements/Agreements
    Our team assist in various commercial arrangements for betting and gaming companies including drafting, reviewing and negotiating contracts such as franchising agreements, joint venture agreements, game supply contracts, online agreements, software licenses & maintenance agreements among other commercial agreements relating to betting and gaming.
12. Data Protection
    Our team of data privacy practitioners is dedicated to helping clients with safeguarding sensitive information and ensuring compliance with regulatory standards. We work with clients across a variety of sectors, including the betting, lotteries and gaming sector to ensure that they are able to process data lawfully, fairly, and transparently. Our services include conducting thorough data audits, data protection impact assessments (DPIAs), registration with the ODPC, outsourced Data Protection Officer (DPO) services and much more.
    We also provide expert consulting on all privacy-related matters to ensure strict adherence to the Data Protection Act, 2019 and assist clients in drafting and preparing essential documentation, including privacy policies, data protection policies, retention schedules and other relevant documents. Our top priority is to guarantee that our clients can maintain trust and legal compliance in an increasingly data-driven world.
13. Employment and Labour Relations
    Our comprehensive service includes drafting bespoke employment contracts, advising on fair labour practices, managing disputes and conducting negotiations with unions. We provide guidance on the employment of remote workers in the online gaming sector, addressing their unique rights and ensuring compliance with local and international labour regulations.
14. Advising Directors on their Roles and Responsibilities
    The team advises directors of companies in the betting, lotteries and gaming industry with regards to their roles and responsibilities in accordance with the Companies Act, 2015 and the Betting, Lottery and Gaming Act and the regulations enacted under these Acts.
15. Real Estate Services
    Our team offers real estate services tailored for companies in the betting, lotteries and gaming industry. The services include preparing and reviewing commercial leases, agreements for sale of property, property conveyance and registration for companies/business and residential property for investors in the sector of betting and gaming.
16. Registration of Charity Organisations
    Our services also include setting up charitable organizations to help a company in the betting, lotteries and gaming industry give back to the society. In this regard, our team helps in setting up Public Benefit Organizations (PBOs), registered Trusts or companies limited by guarantee (Foundations) to fulfil corporate social responsibility mandates. The team also helps the charity organizations procure tax exemptions.
17. E-Commerce and Payment Solutions
    We provide legal guidance on payment processing and e-commerce solutions tailored to the betting and gaming sector. Our expertise covers integration with digital payment systems, including e-wallets, cryptocurrencies and regulatory compliance for online gaming transactions, ensuring secure and seamless payment experiences for users.
    We provide guidance on the integration of cryptocurrencies into gaming payment systems, ensuring regulatory compliance with the Central Bank of Kenya and other jurisdictions where the platforms operate.
18. Cyber Security and Fraud Prevention
    We assist our clients in developing and implementing comprehensive cybersecurity frameworks to protect digital gaming platforms from cyber threats and fraud. Our team advises on data breach protocols, compliance with cybersecurity laws, and the integration of advanced security technologies to safeguard against unauthorized access and fraud.
19. ESG Compliance For Betting, Lotteries and Gaming
    Our team offers advisory services to assist clients in the betting, lotteries, and gaming sectors with compliance to ESG standards. This includes responsible gaming initiatives, corporate social responsibility programs and advising on governance structures that promote ethical business practices. We ensure our clients meet international sustainability standards and create a positive social impact.

Conclusion

With a comprehensive understanding of the betting, lotteries and gaming sector's intricacies, our Betting, Lotteries and Gaming Practice Group is uniquely positioned to navigate the complex legal landscape. Our multidisciplinary team is committed to delivering strategic, forward-thinking advice and solutions, empowering our clients to achieve their business objectives while maintaining integrity and compliance in all operations.