The Secretary of Awards and Betting (SPA) published in the Official Gazette this Wednesday (15) the SPA/MF 41 Ordinance, which rectifies a previous norm and defines the procedures for the transfer of funds from the collection of bets. Operators must collect the amounts monthly directly to the legal recipients indicated by Laws 13,756 and 14,790, and may establish a non-profit private law association to order, systematize, and rationalize the operationalization of the transfers.
The transfers to the entities of the National Sports System must be carried out, corresponding to the 36% allocated to the sports area, as follows:
I - through the proportional distribution of resources according to the collection from the fixed quota betting lottery obtained in each sports competition; and
II - according to the regulations of the competition or a similar instrument that governs the division of resources as stipulated in art. 30, § 1º-A, clause III, letter "a", of Law No. 13,756, from 2018.
The Ordinance establishes that the counterpart for the use or the assignment of image rights and other intangible rights of the athletes for the promotion and execution of the fixed quota betting lottery will be agreed upon in a civil contractual adjustment.
When the participants of the sports event do not integrate an entity of the National Sports System and when the organization of the competition is not carried out by a Brazilian entity, the transfers will be entirely reverted to the national organization managing the sport concerned by the event.
In the event that a national practice entity takes part in an international competition not organized by a Brazilian entity, the transfers must be carried out per match or game, separately, and will be evenly divided between the national organization managing the sport and the national practice entities.
In the case of foreign competitions with the participation of Brazilian athletes or clubs, the rules of the international competition for the international betting market will apply.
In cases where there is no regulation of the competition, it will be up to the betting operator to seek the competition organizers to check the possibility of establishing specific regulations on the subject, under penalty of impossibility of constituting the event as an object of fixed quota bets.
The betting operators may establish a non-profit private law association to order, systematize, and rationalize the operationalization of the transfers addressed in the Ordinance. The association established based on this article will act exclusively in the distribution and operationalization of the transfers to the legal beneficiaries.
The betting operators may establish more than one association for the purposes provided in the Ordinance, with simultaneous affiliation to more than one association being prohibited.
With the act of affiliation, the association becomes the agent of the betting operator for the purposes of carrying out the transfers of the allocation of resources regulated in the Ordinance, as well as for the accountability to the Public Power and the legal beneficiaries, without prejudice to the responsibility of the betting operators.
It is the responsibility of the associations created to receive the financial contributions provided, transfer the amounts monthly to the legal beneficiaries indicating the volume of bets collected in each competition subject to bets, send monthly the data received from the operators and those related to the calculations and payments to the Secretary of Awards and Betting.
They must also annually account for the transfers made to the Public Power and the legal beneficiaries, adopting the best practices of integrity and corporate governance in the management of resources.
Source: GMB
