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* Corporate Structures (10)
* 1931 Act Company
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* Christopher Webb
* Paul Beckett
* Kate Clague
* Gaynor Denham
* Chris Grimson
* Tim Henwood
* Terence McDonald
* Emma Ratcliffe
* Patrick Swanney
* Jade Bradley
* Adrian Brockhouse
* Emily Cardwell
* Jeanette Craster
* Oliver Fleming
* Robert Floate
* Neil Harmer
* Lucie Keenan
* Wasim Khan
* Caroline Lyon
* Alex Mitchell
* Rhys Moore
* Katie Newton
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Welcome to
MannBenham You're in great hands Welcome to
MannBenham You're in great hands
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Welcome to
MannBenham You're in great hands Welcome to
MannBenham You're in great hands
Search for:
* English
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* Home
* Legal
* MannBenham Advocates
* Dispute Resolution
* Commercial Dispute Resolution (15)
* Boardroom, Director & Shareholder Disputes
* Business Crime & Regulatory
* Business Partner Disputes
* Commercial Fraud
* Commercial Litigation
* Construction Disputes
* Contract Disputes
* Debt Recovery
* Employment Disputes
* Financial Services Litigation
* Injunctions & Asset Recovery
* Insolvency, Receiverships & Liquidation
* Professional Negligence Claims
* Property Litigation
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* Disputes involving a Contract
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* Estate and Trusts Disputes
* Land Disputes
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* Mis‐Selling of Financial Products
* Personal Injury & Road Accidents
* Professional Negligence
* Family Law
* Change of Names
* Child Maintenance
* Contact & Residence Matters
* Divorce & Finances
* Leave to Remove from Jurisdiction
* Parental Responsibilities
* Prenuptial Agreements
* Separation Agreements
* Regulatory Matters
* Anti‐Money Laundering AML
* Banking, Finance & Investments
* Beneficial Ownership
* Cannabis Regulation
* Collective Investment Schemes & Funds
* Corporate Service Providers
* Credit Unions
* Crowd‐Funding
* Data Protection & GDPR
* Designated Business
* Insurance & Pensions
* Post BREXIT Planning
* Regulatory Investigations
* Trust Service Providers
* Corporate & Commercial
* Business Matters (12)
* Banking and Finance
* Business Immigration | Contact us today
* Commercial Leases | Contact us today
* Legal Opinions
* Compliance & Investigation
* Corporate Governance | Contact us today
* Corporate Restructuring
* Due Diligence Investigations
* Employment Issues | Contact us today
* Business Insolvency | Contact us today
* Mergers & Acquisitions
* Sale & Purchase of a Business
* Corporate Structures (10)
* 1931 Act Company
* 2006 Act Company
* Cell Companies
* Commercial Contracts
* Discretionary Trusts
* Ethical Structured Company
* Isle of Man Foundations
* Joint Ventures & Shareholder Agreements
* Purpose Trusts
* Trust Structures
* Private Clients
* Property & Conveyancing (4)
* Conveyancing
* Leases
* Planning
* Timeshare
* Wills and Estates (4)
* Wills and Estates
* Isle of Man Probate
* Isle of Man Probate FAQs
* Power of Attorney
* Work & Business (10)
* Business Partnerships
* Converting Your Business to a Company
* Employment Issues
* Immigration
* Personal Contracts
* Personal Debt Recovery
* Redundancy Issues
* Regulatory Issues
* Terms & Conditions
* Your Rights in the Work Place
* Index of Legal Services
* Regulatory | Contact us today
* Contentious Regulatory Matters
* Business Crime and Regulatory
* Compliance and Regulatory Investigations
* Non-Contentious Regulatory Matters
* Anti‐Money Laundering | Contact us today
* Beneficial Ownership | Contact us today
* Credit Unions | Contact us today
* Deposit Taking and Investment Business
* GDPR and Data Protection | Contact us today
* Pensions and Insurance | Contact us today
* Post-BREXIT | Processes & Regulation
* Regulation and Compliance | Contact us today
* eGaming
* MannBenham eGaming (8)
* Operator Licensing
* Software Licensing
* eGaming Business Support
* eGaming Compliance
* Anti‐Money Laundering
* Business Continuity
* Data Protection
* eGaming Legislation
* Fiduciary
* MannBenham Fiduciaries (8)
* Company Incorporation & Formation
* eGaming Administration
* Trust Formation
* Family Office
* Company Dissolution
* Company Restoration
* Fiduciary Administration
* Medicinal Cannabis
* Application Requirements
* Approval and Licensing Process
* Advisory
* MannBenham Advisory
* About Us
* Find out more about us…
* Contact Us
* Our People
* Miles Benham
* Carly Stratton
* Christopher Webb
* Paul Beckett
* Kate Clague
* Gaynor Denham
* Chris Grimson
* Tim Henwood
* Terence McDonald
* Emma Ratcliffe
* Patrick Swanney
* Jade Bradley
* Adrian Brockhouse
* Emily Cardwell
* Jeanette Craster
* Oliver Fleming
* Robert Floate
* Neil Harmer
* Lucie Keenan
* Wasim Khan
* Caroline Lyon
* Alex Mitchell
* Rhys Moore
* Katie Newton
* Tanya Rhodes
* Frank Schuengel
* Robert Waller
* Daren Ward
* Amber Young
* Careers at MannBenham
* Downloads
* Books & Publications
* News & Articles
* Video Downloads
* Pay Invoice
*
* English
* Chinese (Traditional)
* Home
* Legal
* MannBenham Advocates
* Dispute Resolution
* Commercial Dispute Resolution (15)
* Boardroom, Director & Shareholder Disputes
* Business Crime & Regulatory
* Business Partner Disputes
* Commercial Fraud
* Commercial Litigation
* Construction Disputes
* Contract Disputes
* Debt Recovery
* Employment Disputes
* Financial Services Litigation
* Injunctions & Asset Recovery
* Insolvency, Receiverships & Liquidation
* Professional Negligence Claims
* Property Litigation
* Trusts & Estates Disputes
* Dispute Resolution for Individuals (10)
* Civil Disputes
* Debt Matters
* Disputes involving a Contract
* Employment Matters
* Estate and Trusts Disputes
* Land Disputes
* Medical Negligence
* Mis‐Selling of Financial Products
* Personal Injury & Road Accidents
* Professional Negligence
* Family Law
* Change of Names
* Child Maintenance
* Contact & Residence Matters
* Divorce & Finances
* Leave to Remove from Jurisdiction
* Parental Responsibilities
* Prenuptial Agreements
* Separation Agreements
* Regulatory Matters
* Anti‐Money Laundering AML
* Banking, Finance & Investments
* Beneficial Ownership
* Cannabis Regulation
* Collective Investment Schemes & Funds
* Corporate Service Providers
* Credit Unions
* Crowd‐Funding
* Data Protection & GDPR
* Designated Business
* Insurance & Pensions
* Post BREXIT Planning
* Regulatory Investigations
* Trust Service Providers
* Corporate & Commercial
* Business Matters (12)
* Banking and Finance
* Business Immigration | Contact us today
* Commercial Leases | Contact us today
* Legal Opinions
* Compliance & Investigation
* Corporate Governance | Contact us today
* Corporate Restructuring
* Due Diligence Investigations
* Employment Issues | Contact us today
* Business Insolvency | Contact us today
* Mergers & Acquisitions
* Sale & Purchase of a Business
* Corporate Structures (10)
* 1931 Act Company
* 2006 Act Company
* Cell Companies
* Commercial Contracts
* Discretionary Trusts
* Ethical Structured Company
* Isle of Man Foundations
* Joint Ventures & Shareholder Agreements
* Purpose Trusts
* Trust Structures
* Private Clients
* Property & Conveyancing (4)
* Conveyancing
* Leases
* Planning
* Timeshare
* Wills and Estates (4)
* Wills and Estates
* Isle of Man Probate
* Isle of Man Probate FAQs
* Power of Attorney
* Work & Business (10)
* Business Partnerships
* Converting Your Business to a Company
* Employment Issues
* Immigration
* Personal Contracts
* Personal Debt Recovery
* Redundancy Issues
* Regulatory Issues
* Terms & Conditions
* Your Rights in the Work Place
* Index of Legal Services
* Regulatory | Contact us today
* Contentious Regulatory Matters
* Business Crime and Regulatory
* Compliance and Regulatory Investigations
* Non-Contentious Regulatory Matters
* Anti‐Money Laundering | Contact us today
* Beneficial Ownership | Contact us today
* Credit Unions | Contact us today
* Deposit Taking and Investment Business
* GDPR and Data Protection | Contact us today
* Pensions and Insurance | Contact us today
* Post-BREXIT | Processes & Regulation
* Regulation and Compliance | Contact us today
* eGaming
* MannBenham eGaming (8)
* Operator Licensing
* Software Licensing
* eGaming Business Support
* eGaming Compliance
* Anti‐Money Laundering
* Business Continuity
* Data Protection
* eGaming Legislation
* Fiduciary
* MannBenham Fiduciaries (8)
* Company Incorporation & Formation
* eGaming Administration
* Trust Formation
* Family Office
* Company Dissolution
* Company Restoration
* Fiduciary Administration
* Medicinal Cannabis
* Application Requirements
* Approval and Licensing Process
* Advisory
* MannBenham Advisory
* About Us
* Find out more about us…
* Contact Us
* Our People
* Miles Benham
* Carly Stratton
* Christopher Webb
* Paul Beckett
* Kate Clague
* Gaynor Denham
* Chris Grimson
* Tim Henwood
* Terence McDonald
* Emma Ratcliffe
* Patrick Swanney
* Jade Bradley
* Adrian Brockhouse
* Emily Cardwell
* Jeanette Craster
* Oliver Fleming
* Robert Floate
* Neil Harmer
* Lucie Keenan
* Wasim Khan
* Caroline Lyon
* Alex Mitchell
* Rhys Moore
* Katie Newton
* Tanya Rhodes
* Frank Schuengel
* Robert Waller
* Daren Ward
* Amber Young
* Careers at MannBenham
* Downloads
* Books & Publications
* News & Articles
* Video Downloads
* Pay Invoice
MannBenham Home | Contact us todayadmin2023-07-24T16:13:00+00:00
WE ARE MANNBENHAM
EXPERT LEGAL, CORPORATE SERVICES AND EGAMING ADVISORY TEAMS
OFFERING STRATEGIC AND RESPONSIVE SERVICES THAT YOU CAN RELY ON.
At MannBenham we provide our clients with a full range of legal, fiduciary and
advisory services.
We pride ourselves on being flexible, agile and wholly focused on delivering
success for our clients.
EXPLORE OUR RANGE OF SERVICES BELOW.
Legal
Legal Services
Our highly experienced team have a successful track record helping across a
range of commercial and civil matters.
Learn More
eGaming
eGaming Solutions
Instrumental in the Isle of Man eGaming Sector, we have been working with gaming
clients, worldwide, for over 20 years.
Learn More
Fiduciary
Fiduciary Services
We provide a fully rounded commercial approach to optimise business setup,
structuring and operation.
Learn More
Advisory
Advisory Solutions
We provide specialist egaming consulting services including compliance,
operations, payment services, technology and management.
Learn More
Legal
Legal Services
Our highly experienced team have a successful track record helping across a
range of commercial and civil matters.
Learn More
eGaming
eGaming Solutions
Instrumental in the Isle of Man eGaming Sector, we have been working with gaming
clients, worldwide, for over 20 years.
Learn More
Fiduciary
Fiduciary Services
We provide a fully rounded commercial approach to optimise business setup,
structuring and operation.
Learn More
Advisory
Advisory Solutions
We provide specialist egaming consulting services including compliance,
operations, payment services, technology and management.
Learn More
Legal
Legal Services
Our highly experienced team have a successful track record helping across a
range of commercial and civil matters.
Learn More
eGaming
eGaming Solutions
Instrumental in the Isle of Man eGaming Sector, we have been working with gaming
clients, worldwide, for over 20 years.
Learn More
Fiduciary
Fiduciary Services
We provide a fully rounded commercial approach to optimise business setup,
structuring and operation.
Learn More
Advisory
Advisory Solutions
We provide specialist egaming consulting services including compliance,
operations, payment services, technology and management.
Learn More
PreviousNext
MANNBENHAM | WHO WE ARE
Established in 1997 MannBenham Advocates is a full-service Isle of Man legal
practice. Based in the heart of the Island’s busy finance centre in modern
offices a minutes walk from the Court and Registries. Our clients range from
individuals and local businesses to well-known publicly listed companies.
Through MannBenham Fiduciaries, our licensed Trust and Corporate Service
Provider we provide company structuring, set up and administration of trusts and
companies. One of the specialist areas we deal with is online gambling;
assisting operators with the establishment and administration of their Isle of
Man operations.
MannBenham Advisory provides specialist egaming consulting services including
compliance, operations, payment services, technology and management.
WHAT OUR CLIENTS SAY ABOUT MANNBENHAM
We work closely with our clients ensuring that they have a positive experience
with us, that they understand everything we do for them and that they receive
the expected outcomes. Don’t just take our word for it, see what our clients are
saying about us:
> “I also of course am grateful to you for all you have done. The road was long
> and hard at times, with the occasional bump along the way but finally, the
> ‘impossible’ was achieved, in spite of some difficulties and for that, my
> family and I are very appreciative.”
> “Absolutely delighted with the service from MannBenham. They are extremely
> approachable, efficient and responded quickly to all our questions and
> concerns. A pleasure to work with.”
> “I wanted to say thank you so much for making this happen. We do appreciate
> the time and effort that you have put in to ensure that the estate was
> distributed at the beginning of the week as promised. I realise too that the
> team have put in a lot of hard work to ensure that this happened quickly.”
> “I am writing to say that MannBenham have provided us excellent service for
> our business legal requirements over the past few years.”
> “You are not only a great lawyer and a very valuable asset to MannBenham but
> you are also a lovely person,and now a friend for life. You kept my feet on
> the ground on many occasion and explained the law and facts when I needed
> reassuring.”
> “I cannot begin to explain how important you have been during the past three
> years but without you it would have been an even tougher battle. I thank you
> from the bottom of my heart for all your hard work.”
> “I thought I would let you know that I have been most impressed with the
> service we have received. You have been helpful and a given a thoroughly
> professional service in a pleasant way.”
> “Our father was a lovely man and he would have been proud of us all, and all
> the hard work you put in, for solving the problems we met along the way and
> not giving in, in the face of adversity.Thank you for being there for us.”
> “Thank you for all your assistance and advice with my case, I wouldn’t be in
> this fortunate position if it hadn’t have been for your excellent,
> professional, help. Your knowledge has really helped this case.”
> “Thank you for all your assistance in this matter, which was greatly
> appreciated and I will certainly instruct your firm in the future, if needed.”
> “Without all your support and advice we could never have done it within the
> timescale and we really appreciate all the very hard work that went into it
> all.”
> “Thank you for the friendly guidance and assistance.”
> “It has been a pleasure to work with you and I have to say I truly admire that
> ‘unflappable cool calm’ that you display at all times. It has calmed me down
> on more than one occasion.”
REASONS TO USE MANNBENHAM
PERSONAL SERVICE
Always professional, providing an exceptional level of service to our clients
ALWAYS PROFESSIONAL, PROVIDING AN EXCEPTIONAL LEVEL OF SERVICE TO OUR CLIENTS
Everything we do is backed by leading legal professionals and an extensive range
of advisory and support services designed to meet our client requirements and
exceed expectations
ALWAYS PROFESSIONAL
We believe being professional is about us giving our best at all times
WE BELIEVE BEING PROFESSIONAL IS ABOUT US GIVING OUR BEST AT ALL TIMES
We remain professional at all times, treating everyone respectfully and with
courtesy, listening and understanding our clients needs
GLOBAL SOLUTIONS
MannBenham Advocates, Advisory and Fiduciary solutions are truly global
MANNBENHAM ADVOCATES, ADVISORY AND FIDUCIARY SOLUTIONS ARE TRULY GLOBAL
MannBenham’s global reach combines Isle of Man excellence with
cross-jurisdictional expertise creating a complete integrated approach
WEALTH OF EXPERIENCE
We pride ourselves on the wealth of our experience and knowledge
WE PRIDE OURSELVES ON THE WEALTH OF OUR EXPERIENCE AND KNOWLEDGE
Our experience and expertise crosses both commercial and personal, delivering
real solutions that satisfy our clients expectations
CONTACT US TODAY TO DISCUSS YOUR REQUIREMENTS
GET IN TOUCH
MANNBENHAM | 49 VICTORIA STREET, DOUGLAS, ISLE OF MAN, IM1 2LD | EMAIL:
ENQUIRIES@MANNBENHAM.COM | TELEPHONE: +44 (0)1624 639350
Expert legal, egaming advisory and fiduciary teams offering professional,
strategic and responsive solutions that you can rely on.
OUR SERVICES
* Legal
* eGaming
* Fiduciary
* Advisory
WHO ARE WE?
* About Us
* Our People | Contact us today
* Contact Us
* The Law Society
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Notice
Class 10 | Analysis Licence
* To allow for an Isle of Man laboratory to receive samples that may contain
controlled cannabinoids, for the testing and reporting upon the chemistry of
the samples
* If you already hold a core licence (cultivation, research, extraction or
manufacturing licence) and intend to conduct in-house testing or have samples
sent to a test lab, the licence is not required
* Year 1 licence fee is £12,500, and £8,000 each subsequent year
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Class 9 | Manufacture Licence
* To allow the manufacturing of any cannabis-based product except one that is
created from biomass
* Requires an extraction licence if wanting to produce unrefined materials.
* Requires an import licence to import unrefined materials with the exception
of biomass
* Year 1 licence fee is £22,500, and £15,000 each subsequent year
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Class 8 | Export Licence
* To allow material containing controlled cannabinoids to be sent from the Isle
of Man to elsewhere
* Not required if you do not come into contact with the with the controlled
cannabinoids
* Not required if you transport controlled cannabinoids into or out of the Isle
of Man for others, but a transport licence (see below) will be required
* Year 1 licence fee is £10,000, and £7,500 each subsequent year
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Class 7 | Import Licence
* To allow material containing controlled cannabinoids to be brought into the
Isle of Man
* Not required if you do not come into contact with the with the controlled
cannabinoids
* Not required if you transport controlled cannabinoids into or out of the Isle
of Man for others, but a transport licence (see below) will be required
* Year 1 licence fee is £10,000, and £7,500 each subsequent year
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Class 6 | Extraction Licence
* To allow the extraction of cannabinoids from cannabis biomass and the removal
of unwanted elements from the extract
* Requires a cultivation licence for growing of cannabis biomass
* Requires an import licence to import cannabis biomass
* Year 1 licence fee is £22,500, and £17,500 each subsequent year
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Class 5 | Transportation and Storage Licence
* For the transportation and storage of controlled cannabinoids
* Allows for the transportation of the produce of Isle of Man licence holders
between ports and facilities, or between sites in different locations
* Allows for the storage of the produce of Isle of Man licence holders
* Not required for storage on the premises of production where a
cultivation/research, extraction, manufacturing or analysis licence is held
* Year 1 licence fee is £5,000, and £2,500 each subsequent year
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Class 4 | Research Licence
* For the cultivation of high THC/CBD yield cannabis plants indoors
* Allows for the creation of new strains or seedstock
* Male and female plant may be cultivated
* Year 1 licence fee is £20,000, and £12,000 each subsequent year
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Class 3 | Cannabis Licence (High THC Cultivation)
* For the cultivation of high THC/CBD yield cannabis plants indoors
* Allows for the sale of biomass, live plants and packaged plant parts
* Female plant may be cultivated only
* Year 1 licence fee is £45,000, and £35,000 each subsequent year
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Class 2 | Industrial Hemp Licence with Use
* For the cultivation of low THC cannabis for medicinal use
* ‘Active’ parts of the plant are used to produce Cannabidiol (CBD)
* Female plant may be cultivated only
* Year 1 licence fee is £10,000, and £5,000 each subsequent year
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Class 1 | Industrial Hemp Licence without Use
* For the cultivation of low Tetrahydrocannabinol (THC) cannabis for industrial
use
* The yield crop is used to create fibre or industrial material
* Female plant may be cultivated only
* ‘Active’ parts of the cannabis plant (flowers, leaves and buds) are not used
* Year 1 licence fee is £500, and £250 each subsequent year
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Litigation
This is the last means to agree a resolution and involves a trial which is
legally binding and enforceable – however, it can be appealed.
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Arbitration
This is where all parties agree to deal with a neutral third-party arbitrator
who has the relevant experience to engage in the matter and considers everything
in relation to the matter. If those involved fail to come to an agreement the
arbitrator can make a decision that favours one side. Arbitrations can be
legally binding, depending on the jurisdiction.
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Adjudication
This method is via a neutral third-party where the adjudicator will give a
decision. If the dispute is not resolved the clause may also include the
provision to apply to the courts to enforce it. Adjudication is a cost-efficient
method which helps operations proceed while the dispute is resolved.
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Expert Determination
This is an alternative to mediation and is used to resolve disputes of a
specialist nature. Again, as with mediation, the outcome cannot be legally
enforced, however if those involved agree to this route it may save them from
more time-consuming and costly procedures.
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Mediation
This clause suggests that a neutral third-party helps to mediate and assist in
the resolution of the dispute. Although not legally binding mediation can be an
effective way to avoid deterioration of the situation.
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Negotiation
This basic clause states that if a dispute should arise between the contractor
and project owner that they will attempt to reach a just and satisfactory
resolution between themselves, prior to taking any dispute further.
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Written Contract
It is important to ensure that these are drafted efficiently, and at MannBenham
we can review your existing contracts and work with you to draft new ones when
the time arises.
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Oral Contract
This is where you have agreed with another for the provision of services or for
the purchase of goods but you have not put any of the terms of your agreement in
writing.
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Loss/Damage
There has to be a basic premise that there has been a loss as a consequence of
the professional being negligent. We must prove you have suffered a loss, and
the particular kind of loss, to recover.
The requirement of a monetary loss can be shown in a number of ways – if you
were physically injured by allegedly negligent conduct and you had to pay a
medical bill, or if your property was damaged, we could show the cost to repair
it.
Damage may be physical, purely monetary, both physical and economic (loss of
earnings following a personal injury) or even reputational (in a defamation
case).
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Breach of Duty
For there to be a breach of duty a professional must have fallen below the
standards of a reasonably competent professional, with regards to the usual
standards expected of that particular profession, although considerations are
taken into account for errors which do not necessarily amount to negligence.
As an example, failure by a mortgage broker to explain the financial
implications of fixing the rate on a mortgage they had entered into with a
client is not an oversight or error, but is a fundamental responsibility of the
professional role and therefore is a clear breach of duty.
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Duty of Care
Professionals, as best practice, normally owe a duty of care to their clients.
For example, when a financial adviser gives advice on investments, they owe a
duty of care to the client. They must ensure that they are suitable for the
client’s needs.
The client must be able to understand the product, service or investment; but
most importantly the risks and implications associated with each product,
service or investment.
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Causation
In order for liability to result from a negligent act or omission, it is
necessary to prove not only that the injury was caused by that negligence, but
also that there is a legally sufficient connection between the act and the
negligence.
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Who can be a Settlor?
Anyone over 18 who is not suffering from any mental disability can form a trust
in the Isle of Man. If the home jurisdiction of that person does not have any
trust law or does not recognise trusts, that fact will be disregarded in the
Isle of Man and does not prevent that person from becoming a settlor.
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Forced Heirship
Forced heirship means in some jurisdictions that a proportion of the property
held by a deceased person on their death has to pass to particular family
members. Property held in an Isle of Man trust is immune from such requirements
and the beneficiaries can be anyone the settlor wishes to choose.
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Settlor
The founder of a trust is known as the settlor and puts the trust property into
the hands of the trustees. The settlor is often but not always also a
beneficiary.
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Beneficiaries
In the Isle of Man, the trust is established for beneficiaries, who can either
be named or described by reference to a class of persons in the trust deed.
Most modern trust deeds allow additional beneficiaries to be appointed later,
or existing beneficiaries to be excluded permanently or temporarily (at the
Trustees’ discretion).
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Trust Name
Trusts in the Isle of Man are not on any public register and there is no
restriction on what name can be chosen for the Trust.
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Protectors
In Isle of Man Trusts, protectors are optional, but often utilised. A protector
is not like a trustee, because he or she mainly has powers of veto over trustee
decisions. This is because the protector has a close personal knowledge and
understanding of the needs of the beneficiaries. Protectors are often
professionals themselves, or can be other family members, friends or advisors.
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Trustees
Trustees manage the assets placed in trust under the terms of the trust deed.
Trustees can be either private persons or corporate entities.
Trustees must manage the trust with the best interests of the beneficiaries in
mind. Therefore, trustees are required to be both fair and impartial when
dealing with beneficiaries. These duty of care requirements are outlined in the
Trustee Act 2001.
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Augmented Reality (AR)
Uses either a transparent screen or projection technology to overlay digital
information or virtual images in the real world. It turns a physical environment
into a digital interface by placing virtual objects in the real world. Most
gamblers enjoy placing bets and playing games online, as it is easy and
convenient, but they may lose the live experience of casinos. Casinos can use AR
technology to improve the casino live gaming experience by combining virtual
objects with the real world.
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Virtual Reality (VR)
Uses multi-projected environments to create realistic images, sounds, and other
sensations in combination with physical properties that replicate the physical
presence of a user in an imaginary environment. VR allows the players to
experience a virtual casino, along with other players and machines.
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Types of Digital Currency
The Isle of Man distinguishes between four different types of online currencies:
* Digital Currency
Refers to any electronic representation of a fiat currency and this can
include representations of virtual currency.
* Virtual Currency
This is a narrower asset and is a digital representation of value which can
be traded digitally. The nature of a virtual currency means that it does not
need to be centrally controlled or administered. Virtual currency can be
either convertible or non-convertible.
* Convertible Virtual Currency
Includes cryptocurrency, can be converted into a fiat currency, either
directly, or through an exchange. For a currency to be convertible, there
does not need to be set rate or an established benchmark, but that merely a
market exists and the ownership rights can be transferred from one person to
another, whether for consideration or not.
* Non-Convertible Virtual Currency
Once purchased, cannot be transferred to another person and cannot be
redeemed for fiat currency, either directly or through an exchange.
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Office Address & Local Agent
All Trusts must have a registered local agent and a local office address for
process service requests and official notices.
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Trustees and Protector
Unlike a company, trusts do not have directors, but have trustees, protectors,
and settlors that manage the trust. They take on the same sort of
responsibilities as a director does with the management of a corporation.
Trustees
Trustees are expected to manage the assets placed within their trust within the
terms of the trust’s original agreement. Trustees can be either private persons
or corporate entities. In the Isle of Man, three categories of people or
entities can be selected as trustees including:
* Fiduciary service providers licensed by the Isle of Man Financial Services
Authority to conduct trust services
* Advocates
* Accountants
Trustees must manage the trust with the best interests in the beneficiaries in
mind. Therefore, trustees are required to be both fair and impartial when
dealing with beneficiaries. These requirements are outlined in the Trustee Act
of 2001.
Protectors
In Isle of Man Trusts, protectors are optional, but often utilised. A protector
should help trustees with guidance, and also check in with the beneficiaries and
the settlor to let them know the trust is being administered for them with the
best intentions in mind. Protectors should be qualified professionals or at
least have a general understanding of the trust itself, like the settlor
him/herself or a relative.
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Fit and Proper
In addition to appointing ‘fit and proper’ staff, you are also required to prove
that they meet the criteria.
All due diligence documentation on the directors, any designated officials and
operations managers as well as details of the shareholders and beneficial owners
of the egaming company will also need to be evidenced.
Our team is on hand to help collate all the information and documentation for
submission to the Isle of Man Gambling Supervision Commission.
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Isle of Man Gambling Supervision Commission
The Isle of Man Gambling Supervision Commission is an independent statutory
board established in 1962. In addition to the licensing and regulation of
land-based gambling operations (casino, amusement and slot machines, betting
offices and lotteries), the Commission also regulates all online gambling
activities, which have grown significantly in recent years.
The Commission adopts a hybrid model of prescriptive regulatory requirements
combined with risk-based oversight. The statutory framework of gambling
legislation and underlying regulations provides the skeleton upon which the
inspectorate monitors the activities of the operator through regular compliance
reporting and active contact and interaction with the operator and its key
staff.
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How many gamblers are in the world?
World gambling statistics show that around 26% of the global population gamble –
that equates to around 1.6 billion people with 4.2 billion worldwide gambling at
least once every year.
The considerate and compassionate handling of Problem Gambling, or to be more
specific, Harm Minimisation, is critical when it comes to the global gambling
sector. From Australia to the US, from Kenya to the Isle of Man operators,
regulators and industry stakeholders are under extreme pressure to provide
meaningful solutions which sit firmly atop any media or political agenda.
Whilst the media and politicians have the sector firmly in its sights with high
profile and often tragic stories of individuals who have been unable to control
an addiction, the numbers afflicted with this debilitating disease remains
steady at around 0.5% in the UK. The percentage may have remained small but as
the numbers who gamble grow the truth is that more people have been affected and
the industry is in an arms race to find solutions that can help.
The answer for us is simple and it comes with collaboration. Be it regulators
aligning policy and guidance for their licensees, to operators syncing safer
gambling tools, responsible gambling initiatives and making sure messages are
uniform and consistent, then what is abundantly clear is that there is no one
solution or one provider that will be able to resolve this.
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Data Protection
The Data Protection Act 2018 sets important regulation for companies to adhere
to, with the interests of the general public at its core. All companies,
societies and public services whilst they maintain contact with their clients
all use personal data.
Under The Data Protection Act 2018 (and the Orders and Regulations made under
that Act) the provisions of the EU General Data Protection Regulation and the EU
Law Enforcement Directive apply to the Isle of man, even though it has never
been a Member of the EU. These provisions will continue to form part of Isle of
Man law even though the UK has now ceased to be an EU Member.
Article 31 of the Applied GDPR requires controllers and processors (and
representative if applicable) to cooperate with the supervisory authority in the
performance of its tasks. In the Isle of Man the supervisory authority is
the Information Commissioner who has both investigative and corrective powers.
The applicable sanctions are warnings, reprimands, and enforcement notices.
Financial penalties for infringement of a provision of the Applied GDPR may be
imposed, up to a maximum of £1,000,000. An appeal against certain of the
decisions of the Information Commission lies to The Data Protection Tribunal.
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Money Laundering Reporting Officer (MLRO)
This role ensures that any business can satisfy their regulatory obligations
including the reviewing and maintenance of:
* Money laundering register
* Advertising and media register
* Law enforcement enquiries register
* Anti-bribery register
* Breaches and errors registers
* Training log
* Risk assessments
Depending on your organisational structure, we can provide this and other roles
as an outsourced alternative staffing solution rather than recruiting directly
yourself. This will give you peace of mind that, as an expert in the field we
will ensure you have the right person for the right role, to suit your budgetary
needs and resource requirements.
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Reference Material
Isle of Man Gambling Supervision Commission Guidance on the Gambling (Anti-Money
Laundering and Countering the Financing of Terrorism) Act 2018
Download Here
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Segregated Client Accounts
This is currently the most cost-effective and popular method used to secure
protection of players’ deposits and winnings. There are still strict regulatory
controls under which they must operate, whilst monies held are protected under
law. These ‘client accounts’ for the sole purpose of holding player money must
be segregated from other monies.
As part of these regulatory requirements, accounts must also be set up through a
recognised Isle of Man bank, although there may be future provision for this to
be extended to include off-island banking relationships. Even with strict
controls in place these accounts are open to potential flight risk as the monies
can be accessed easily. They can be dipped into and paid back between reporting
times, thus falling short of covering any player liabilities at certain times
which would result in a breach.
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Bank Guarantee
This is an agreement negotiated between the Licence Holder and its
bank. However, bank guarantees usually attract a fee from the bank for setting
up and a regular fee for the continued use of the facility, and the bank may
also require security for most, or all, of the guaranteed amount.
Accessibility to these accounts for both payment and reporting is not governed
by control gateways or mandated reporting requirements. It is extremely
important to note therefore that should the amount of player deposits and
winnings exceed the guaranteed amount or funds on account, then the Commission
would consider this a regulatory breach and act accordingly.
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Trusts
These see deposits and winnings held in a structure that adequately ring-fences
these monies from others with the licence holder. The introduction of a trust
structure ensures that there are controls and processes in place managed
independently of the licence holder.
On the downside trusts are perceived to be expensive and do incur set-up costs
and may specify charges for administration, transaction processing and
reporting. Also this process can sometimes be complicated and long-winded with
time being taken to set-up, organise trustees and so forth.
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eGaming | Full Licence
This could be considered the ‘standard’ licence.
Full licence holders register their own players and keep their player data, and
are responsible for anti-money laundering (AML) and know your customer (KYC)
requirements relating to them. Full Licence holders can also allow other
businesses to either Sub-Licence or White Label under them.
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eGaming | Sub-Licence
Sub-Licence holders must enter into an agreement with a Full Licence holder in
order to operate, and they can only offer games they have either produced
in-house and/or games the Full Licensee has the rights to offer.
White Labels can be offered, and Sub-Licensees keep their player data; although
they are responsible for their AML and KYC compliance as though they were a Full
Licence holder.
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eGaming | Network Licence
These operate the same as a Full Licence, however Network Licence holders have
more B2B options to complement their opportunities to Sub-Licence and White
Label. Network Licence holders can enter into agreements with other operators
located in other jurisdictions, who become known as Network partners once these
agreements are in place.
Network Licence holders can then allow the Network partner’s registered players
to play their games without being required to re-register them, and they also do
not have any AML or KYC responsibilities for these players, as this lies with
the Network partner. No fees are due to the Gambling Supervision Commission
(GSC) for adding Network partners; however they do need to be reassured about
the Network partner’s controls before being added.
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Contract Dispute Resolution
Although going to court is an option, there are other ways to settle a dispute:
> Depending on the value of the claim under the Rules of the High Court of
> Justice 2009 you have several options, Small Claims, Summary or Ordinary
> Procedures. If your claim is complex, or there are other considerations, you
> should speak with us as to the correct procedure for your claim to ensure your
> claim is issued correctly.
>
> Mediation requires a neutral third-party to help reach an agreement between
> the parties involved. Mediators are there to assist, and do not decide the
> outcome of the dispute. Instead, they look at the situation and help those
> involved to understand the issues and clarify the options for a mutually
> agreeable resolution.
>
> There are other methods of resolution which include Adjudication and
> Arbitration that can enforce a settlement on the parties involved. These
> methods are often expensive and time-consuming.
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