New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 69A - APPLICATIONS
Subchapter 5 - FORMS
Section 13:69A-5.6C - Multi-Jurisdictional Business Form-Casino Company; Casino Holding and Intermediary Company
Universal Citation: NJ Admin Code 13:69A-5.6C
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A Multi-Jurisdictional Business Form (MJBF) shall be in a format adopted by the Division and prescribed by the International Association of Gaming Regulators and may require the applicant to provide the following information:
1. The name and registered business address
of the applicant and all addresses where principal activities of the applicant
are conducted;
2. The name, phone
number, website, and e-mail address of a primary and alternate person to be
contacted in reference to the application;
3. The date and place of incorporation or
formation, type of business entity, and business registration or incorporation
number;
4. A description of the
company purpose and background, a copy of the company's business plan, and
copies of the following documents and any amendments thereto:
i. Certificate of incorporation;
ii. Constitution or memorandum of
association;
iii. Articles of
association;
iv. Trust documents
(including type of trust, trust beneficiaries, and trust deed); or
v. Any other formation documents;
5. A description of the
applicant's history and activities, all trading names and trademarks under
which the applicant, its holding company, and subsidiaries have operated for
the last 10 years, and the dates of use;
6. A description of applications by the
applicant, its parent, or any subsidiary for a license or permit issued by a
government agency charged with regulating gambling or other regulated
activities not related to games of chance;
7. Details of all companies related to the
applicant as intermediary, holding, and subsidiary companies, including, but
not limited to:
i. The entity registration
number;
ii. The place, country, and
date of incorporation;
iii. A
description of the business, including principal products, services, markets,
and methods of distribution; and
iv. A current corporate structure chart
depicting the relationships of all related companies;
8. A description of any former business the
applicant and its related companies was engaged in during the last 10-year
period and the reason for cessation of such business, including relevant
timeframes;
9. All addresses where
the applicant has been registered or conducted business for the past 10 years
with relevant timeframes;
10. The
full name and date of birth of each current director, secretary, principal
executive officer, executive officer, and senior management
personnel;
11. The name, title,
address, and date and country of birth of former officers, directors, partners,
trustees, and company secretaries, and the dates such position was held during
the last 10 years and reason for leaving;
12. The name and address of the applicant's
auditors and accountants, the dates such position was held during the last 10
years, and details of any investigations conducted regarding
misconduct;
13. The name and
address of legal consultants, advisers, or solicitors engaged during the last
10-year period and a description of the services rendered, including relevant
timeframes;
14. A description of
any joint venture arrangement between the applicant and any other company
regarding the development, ownership, management, or operation of any casino,
gaming, wagering, junket, gaming machine manufacturer/supplier, or test service
provider during the last 10-year period, including the name of the joint
venture entity and relevant timeframes;
15. A description of the nature, type, number
of shares, and average value per share of all classes of securities or other
ownership interests issued by the applicant including voting rights;
16. The name, address, and principal
activities of all branch offices not identified elsewhere on the
application;
17. The name and
address of all persons with whom the business entity has contracts or
agreements of $ 250,000 or more in value or who have supplied goods and
services having a value of $ 250,000 or more within a recent timeframe, and the
nature of such contract or the goods and service provided;
18. The name of any person or company acting
on the applicant's behalf, including lobbyists, in this jurisdiction, that is,
the State of New Jersey or, elsewhere, and the nature of that
representation;
19. As to the last
10 year-period, set forth whether the applicant, its parent, or any subsidiary,
director, officer, employee, or any third-party acting for or on behalf of the
business entity has made or received any bribes or kickbacks or made or
received payments alleged to have been bribes or kickbacks to any employee,
company, organization, or government or public official, foreign or domestic,
to obtain favorable treatment or to obtain a competitive advantage, and if so,
the following information is to be provided:
i. The name of the offering party;
ii. The name of the receiving
party;
iii. Details of the
transaction;
iv. Total amount of
the bribe or kickback; and
v. Date
of the transaction;
20.
As to the last 10-year period, set forth whether the applicant, its parent, or
any subsidiary, related company, director, officer, employee, or any
third-party acting for or on behalf of the applicant has performed any of the
following transactions and if so, the name of the offering and receiving party
and details of the transaction, including total amount and date:
i. Donated or loaned the business entity's
funds, property, or anything of value for the purpose of opposing or supporting
any government, political party, candidate, or committee either foreign or
domestic; or
ii. Made any loans,
donations, or disbursements to any of its directors, officers, employees, or
third parties for the purpose of making political contributions or reimbursing
such individuals for political contributions either foreign or
domestic;
21. As to the
last 10-year period, set forth whether the applicant, its parent, or any
subsidiary maintained a bank account, either domestic or foreign, not reflected
on the books or records of the business entity, and if so, the name of the
company, the name, place, and country of the bank, the account number and type,
and details of the account;
22. The
following information for each account held in the name of a nominee for the
business entity for the last 10 years:
i. The
name and address of the bank, savings and loan, or other financial institution
whether foreign or domestic;
ii.
The type of account;
iii. The
account number;
iv. Details of the
account; and
v. Account holder
name;
23. The names and
addresses of any current or former directors, officers, employees, or third
parties who would have knowledge or information concerning (a)19, 20, 21, and
22 above;
24. A copy of any
applicant credit ratings published by companies such as Dun & Bradstreet,
Standard & Poors, Moody's, or Fitch, and a copy of the applicant's credit
or analyst report;
25. A copy of
each of the following:
i. All of applicant's
audited and/or published financial statements prepared in the last five years,
including, but not limited to, income statements, balance sheets, statements of
sources, and applications of funds, including notes to the accounts and any
exceptions taken to such statements by an independent auditor retained by the
applicant and the management response thereto;
ii. All unaudited financial statements
prepared in the last five years if entity does not normally have its financial
statements audited;
iii. Interim
financial statements if the current year audited statements are
unavailable;
iv. Annual reports of
the applicant for the last five years; and
v. Annual tax returns for the last five years
that were provided to the local, Federal, or foreign regulators;
26. The name and address of any
persons, companies, or institutions from which the applicant has current loans
or has obtained loans for the past five years, the date, amount, and purpose of
the loan, and copies of all loan and finance agreements;
27. The names of individuals who are being
compensated more than $ 250,000, including the amount of compensation for the
last fiscal year and the form of compensation;
28. The bank name, account number, branch,
and authorized signatories for all bank or other financial institution accounts
held by the applicant for the last 10 years;
29. The name of each casino, gaming, betting,
or similar company in which the applicant or any of its related companies holds
securities or other investments, including loans, warrants, debts, and equity
holdings, and the details of those investments;
30. Provide the following, if requested:
i. Income tax returns, including confirmation
by tax authorities that the applicant has complied with tax laws;
ii. Minutes of shareholders and directors
meetings;
iii. Information relevant
to published financial statements; and
iv. Authorization to release any other
information reasonably required by the Division;
31. The name of any person that has or will
have an interest in the ownership or other beneficial interest of the relevant
gaming business that is registered under the applicant's name and details of
that interest;
32. The name of any
party holding a debt to be repaid by the applicant or that has forgiven a debt
of $ 100,000 or greater for the past five years, the date of the
debt/forgiveness, and the amount of the debt;
33. A description of any insurance claims in
the amount of $ 500,000 or greater made by the applicant in the last five
years, including the date and amount of the claim;
34. Details of any bonus, profit sharing,
pension, retirement, deferred compensation, and similar plans operated by the
applicant, including the name, address, and specifications of the plan and
trustee;
35. If the applicant or
its related companies are publicly listed:
i.
The name of any securities exchanges on which the applicant is
listed;
ii. Copies of announcements
to any stock exchange by the applicant, its parent company, or its related
companies for the past five years; and
iii. Names of regulatory authorities for the
applicant, including, but not limited to, law enforcement, gaming, and
financial regulators;
36. A description of any criminal,
administrative, and investigatory proceedings in any jurisdiction, involving
the business entity and each director, trustee, or officer, including the name
of case and docket number, the date and nature of charge or complaint, the name
and address of the law enforcement agency involved, and the disposition and
sentence, for each of the following:
i. Any
indictment, charge, or conviction for any criminal or disorderly persons
offense; and
ii. Any criminal
proceeding in which such person has been a party or has been named as an
unindicted co-conspirator;
37. A description of existing civil
litigation in any jurisdiction, to which the business entity, its parent or any
subsidiary is a party, if damages are reasonably expected to exceed $ 100,000,
except for claims covered by an insurance policy, including the title and
docket number, name and location of the court, the parties, and the general
nature of the claims;
38. The name
of the company and details of the inquiry, including the approximate dates of
the investigation, if the applicant or any of its related companies have been
the subject of derogatory findings arising out of a royal commission, judicial
inquiry, or other governmental inquiry;
39. The title of the case and docket number,
date filed, name and address of court or agency, and the nature of judgment or
relief and the date entered, for each bankruptcy or insolvency petition filed
by or against the applicant or its related companies in the last 10-year
period;
40. The name of the company
and date and details of each charge brought against the applicant or its
related companies or officers of the applicant or its related companies as a
result of an administrator, receiver, or liquidator being appointed;
41. The name of the company, date, and
details of any agreement or arrangement that the applicant or its related
companies has entered into with its creditors to forestall receivership,
liquidation, or insolvency;
42. The
name of the company, date, and details of any appointment of an administrator,
receiver, manager, liquidator, or provisional liquidator to the applicant or
its related companies due to insolvency;
43. A description of any investigation or
issuance of show cause notices, consent notices, consent agreements, fines, and
other disciplinary actions by any casino, gaming, or betting regulatory body
conducted or issued due to the insolvency of the applicant or a related
company, including the date and outcome of any such investigation or issuance
of notices;
44. Copies of all
quarterly, semi-annual, or annual reports prepared for submission to government
agencies in the last 10-year period;
45. Copies of any legally-required reports
submitted to government agencies in relation to any debt or equity offerings in
a recent period, excluding those provided in response to other questions on the
application;
46. The name of an
applicant or any related company that has been fined, suspended, or reprimanded
for breaches of any stock exchange listing rules, including dates, details,
judgment, order, consent decree, or consent order pertaining to violation or
alleged violation of Federal antitrust, trade regulation, securities laws, or
similar laws, in any jurisdiction; and
47. The name and address of the court or
other agency, the date, nature, and disposition of the proceedings and
investigation, whether a civil or contempt citation was issued, and the
disposition of the contempt citation, if the business entity or any of its
subsidiaries, directors, trustees, or officers ever refused to testify before,
to answer a question asked by, or to take a polygraph exam administered by any
governmental agency, court, committee, royal commission, charging body, grand
jury, or investigatory body, including, but not limited to, municipal, state,
county, province, Federal, and national bodies.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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