"Gol+Pas" Bookmaker's Agent Program
"Gol+Pas" Bookmaker's Agent Program is a simple and convenient way of cooperation, suitable both for companies with entrepreneurial experience in acceptance of payments and for newcomers in this kind of business.
Agent Program is a package of documents and software on the basis of which an individual or a legal entity can carry out activities to accept payments in favour of a bookmaker, both in the territory of the Russian Federation and in other countries. Documentation of the proposed agent program does not contradict the requirements of the Federal legislation on gambling that came into force on 01.07.2007 and complies with with Article 1005 of the Civil Code of the Russian Federation. In addition, the affiliate program can be developed for other countries, taking into account the particularities of each country's legislation.
Minimum requirements for participation in our Agent Program:
- Availability of a legal entity (LLC) or physical person (PE, UE);
- space for organizing a payment acceptance outlet and opportunities for development of an outlet network in the future;
- possibility of technical support of payment acceptance outlet (computers, printers, Internet connection);
- business management skills;
- availability of reserves for going into business;
- desire to work.
Procedure for the Agent to implement the international agency agreement:
- The Agent examines the documents, autonomously conducts independent expertise with the relevant authorities;
- Confirms the readiness and responsibility for the work under this scenario by emailing to "Goal+Pass" ( statement- agreement requisition attached);
- receives and installs software;
- monthly sums up the work and allocates funds according to the results of work under the Agreement;
- the Agent chooses the premises, employees, acquires the necessary equipment and bears the payment acceptance outlet maintenance costs;
- the Agent installs a cash register and if necessary registers it with tax authorities.
"Goal+Pass" Bookmaker shall provide:
- International Agency Agreement developed by the Legal Center, including Annexes;
- certified copies of constitutional documents;
- a certified copy of the Licence;
- a copy of the software product registration (at execution at the moment);
- payment acceptance and processing software ([software certificates] (/about/certificate/) included).
Details of the Agent Program
Agency Agreement is provided on a free basis, no violations of the law on licensing in terms of "transfer of license other parties" are not expected. Agent is not supposed to pay to the Principal for provision of software.
The Agent receives remuneration stipulated in the Agreement, which is in full accordance with the Agreement and does not allow a single violation regarding legislation of the Russian Federation, regulating this agreement: ["on licensing of certain types of activity"] (http://www.consultant.ru/popular/license/), ["On the State regulation оf the activities involving the organization of and carrying on gambling"] (http://www.rg.ru/2006/12/31/azart-dok.html) ["of the Tax Code of the Russian Federation] (http://www.interlaw.ru/law/docs/ 10800200/), [of the Criminal Code of the Russian Federation] (http://www.consultant.ru/online/base/? req = doc; base = LAW; n = 84918) [of the Administrative Code of the Russian Federation] (hhttp://www.consultant.ru/popular/koap/).
This cooperation program was developed by the Legal Center, its legal assessment was obtained, and it is fully consistent with the Constitutional rights of the Agent [Civil Code Article 1005] (http://www.garant.ru/main/10064072-052.htm # par4846).
Upon receipt of the documents the Agent registers them at the customs office and at the bank (opens the transaction passport depending on the amount of the transaction). The transaction certificate is required before the effective date of the Agreement on the "Common customs space of Russia, Belarus and Kazakhstan" The agency Agreement is drawn up in accordance with the [Civil Code Art. 7] (http://www.garant.ru/main/10064072-001.htm # par92).
In the case of harassment by the supervisory authorities, the Agent has the right to file a complaint about unlawful actions of this body and violation of the Agent's Constitutional rights.
Reference of regulatory bodies to Article [171 of the Criminal Code] (http://www.garant.ru/main/10008000-023.htm # par1325) and Article 14.1 of the Administrative Code of the Russian Federation "illegal business operations without permission (license)" is not appropriate because the Agent's activities on provision of agency works is not subject to licensing by any of the activities. "Federal Law on Licensing of Certain Types of Activity" of the Russian Federation Art. 1.2.
Reference of regulatory authorities to [Article 6 of the Federal law "About state regulation of activities for the organization and carrying out gambling] (http://www.rg.ru/2006/12/31/azart-dok.html), the fact that the organisers of gambling can be exclusively legal entities, registered in accordance with the established procedure in the territory of the Russian Federation, is not appropriate because the Agent's actions do not imply organization and conduct of gambling – payment acceptance services are not classified as gambling.
Reference of regulatory authorities to [Article 6.1 FZ 244 dd December 29, 2006] (http://www.rg.ru/2006/12/31/azart-dok.html) is also not consistent since the Agent is not the organizer of gambling, and betting is made outside the Russian Federation. There is gross difference between the acceptance of funds and acceptance of bets and taking bets and wagering. Technical details of this procedure are attached to the Agreement, there is an expert opinion. You can familiarize yourself with the certificates of registration of Bookmaker's information resources and information systems [here] (/about/certificate/).
[Article 6.1 FZ 244] (http://www.rg.ru/2006/12/31/azart-dok.html) cannot regulate and limit the Agent's actions in such activities as "mediation" or "agency works".
In accordance with [Article 2 FZ 244] (http://www.rg.ru/2006/12/31/azart-dok.html) the legislation of the Russian Federation in the area of gambling business is based on [the Civil Code of the Russian Federation] (http://www.garant.ru/main/10064072-000.htm) and other Federal Laws.
The Agent cannot be classified as a tax entity, as there are no classified signs of a «bookmaking office counter» [FZ 244 Art. 4.19] (http://www.rg.ru/2006/12/31/azart-dok.html). [RF Tax Code P 29 Art. 364, 365, 366] (http://www.garant.ru/main/10800200-035.html).
In terms of classification a «bookmaking office counters» are those parts of the gambling establishment, where the gambling organizer wagers with the participants of this type gambling, and where the specialized equipment, enabling calculation of bets, determination of result of gambling and paying out a money win is hosted.
When organizing payment acceptance outlets the Agent cannot be considered a "part of a gambling establishment", since the Agent has no special equipment that allows calculating bets and determining the result of gambling. The Agent shall be provided with software for registration of the accepted payments and transfer of data on the payments to the Principal. Certification of this software is attached.
Also the Agent's actions, subject to full compliance with all the requirements of the International Agreements, do not carry signs, classifying the Agent as a gambling business entity, according to the law ["On the State regulation оf the activities involving the organization of and carrying on gambling, Art. 4 P. 19] (http://www.rg.ru/2006/12/31/azart-dok.html).
Transaction certificate is issued in the Bank, where foreign exchange transactions under the Agreement are carried out through the accounts in accordance with the Central Bank of Russia instruction dated [15.06.04, No. 117-"On the procedure for the submission by residents and non-residents to authorized banks of documents and information in the performance of foreign exchange operations, the procedure for accounting by authorized banks of foreign exchange transactions and registration of transaction passports"] (http://www.allbusiness.ru/BPravo/DocumShow_DocumID_91139.htm).
Within a 5-day term from the date of opening the account, to notify the tax authority at the place of registration of the enterprise.
Charging and control on payment of indirect taxes when importing (exporting) goods from the customs territory of the State of one Party into the customs territory of the State of the other Party are carried out by the customs and tax authorities of the States of the parties [Agreements between the Government of the Russian Federation and the Government of the Republic of Kazakhstan dated October 09, 2000] (http://infopravo.by.ru/fed2000/ch02/akt13810.shtm).
There are no statutory prohibitions to accept payments in favour of a foreign legal entity at the moment.
The Parties independently pay tax deductions according to the established rules, each party is responsible for its activities.
In case of non-compliance with all the requirements of the International Agency Agreement, preconditions may arise to a legal base violation, which would entail appropriate responsibility.
All suggestions on organization in any city of the Commonwealth (CIS) shall be considered.
"Goal+Pass" Bookmaker is also ready to consider all suggestions and proposals regarding enhancement of the legal framework for expansion of the powers of the parties in the implementation of the International Agency Agreement.
If you have any questions, we will readily answer. Email us at email@example.com.
Bonus Program for Branches
Also, each branch has the opportunity to receive up to 30% of the profits from the client.
To receive additional profit, the branch has to accept money from customers for crediting to gaming accounts. The customer replenishing the account through the payment acceptance outlet is automatically registered to this branch. In the future, the branch will receive 30% of the profit received by the bookmaking office from this client (game turnover minus payouts for winnings and bonuses) without any time limits.
Accruals are made every Monday, we calculate a client's games for the previous week.
The amount bonuses shall be negotiated individually.
In addition, this section will contain information on legal precedents concerning initiation of proceedings against "Goal+Pass" Bookmaker's Agents.
[Award of the Arbitral Tribunal of the Khabarovsk Territory in (attachment:krasnojarsk.pdf)
[Award of the Arbitral Tribunal of the Krasnoyarsk Territory in pdf](attachment: habarovsk.pdf)
[Award of the Arbitral Tribunal of the Amur Region in pdf] (attachment:amur.pdf)
[Award of the Arbitral Tribunal of the Republic of Tatarstan to declare the administrative determination on instituting administrative action illegal in full or in part (P. 2 Art. 211 of the Arbitration Procedure Code of the Russian Federation) in pdf](attachment: A65-13859-2010_20100714_Reshenie__1_.pdf)
[The decision of the Arbitration Court of the Republic of Tatarstan to deny instituting administrative action (Part 2, Art. 206 of the Arbitration Procedure Code of the Russian Federation) in pdf](attachment: A65-14097-2010_20100831_Reshenie.pdf)