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

Current through Register Vol. 56, No. 14, July 15, 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.