SPA Opens Public Consultation on New Rules for Authorization of Betting Operators
Monday, July 27, 2026, Public Consultation SPA/MF No. 3/2026 came into effect, initiating the process to review the rules applicable to the authorization for fixed-odds betting in Brazil, with the publication of the draft new ordinance that will replace Ordinance SPA/MF No. 827/2024.
The initiative forms part of the Secretariat of Prizes and Bets of the Ministry of Finance (SPA) for the Regulatory Agenda for the 2026–2027 biennium, established by Ordinance SPA/MF No. 817/2025, which identifies the review of the authorization procedure for betting operators as one of the Secretariat's regulatory priorities this year.
The proposal seeks to improve the current regulatory framework in light of the experience gained since the implementation of the regulated market, based on three main pillars: (i) strengthening the institutional framework and anti-money laundering controls by reinforcing the discretionary nature of the authorization process and increasing documentary requirements; (ii) improving administrative efficiency by bringing forward the review of the applicants' financial standing and source of funds to the initial stages of the authorization process, thereby reducing the likelihood of late-stage denials; and (iii) enhancing legal certainty by providing more detailed rules governing the authorization process, with the aim of reducing information asymmetries and increasing predictability.
In line with these objectives, the draft ordinance introduces several significant changes to the authorization procedure by imposing new obligations on applicants, including:
Requires trademarks to be registered with the Brazilian Patent and Trademark Office (BPTO), establishes a cumulative limit of up to three commercial trademarks per authorization and, once this limit has been reached, prohibits any further inclusion or replacement of trademarks during the term of the authorization. The proposal also prohibits the assignment, sublicensing, leasing or any other form of transfer or availability of trademark slots or electronic channels linked to the authorization.
Strengthens the requirements for the operator's permanent establishment by requiring an exclusive-use physical headquarters, prohibiting the use of coworking facilities or other shared office spaces, and requiring the legal entity to be exclusively dedicated to the commercial operation of the fixed-odds betting lottery modality.
Simplifies the minimum governance structure by reducing the mandatory areas of responsibility from six to four (accounting and finance; integrity and compliance; customer service and ombudsman; and liaison with the Ministry of Finance). It also introduces a new prohibition on individuals simultaneously serving as directors or officers of different betting operators, except where such operators belong to the same economic group.
Expands the requirements relating to share capital, shareholders' equity, financial availability and financial reserves, while also broadening the documentation required to demonstrate the applicant's financial capacity, including information on the financial evolution of the shareholders responsible for contributing the share capital or providing loans or other financing instruments used to pay the authorization fee.
Extends the maximum period for reviewing authorization applications from 180 to up to 300 days, reflecting the decision to bring forward the assessment of the source of funds, corporate structure and financial capacity to the initial stages of the process. The proposal also introduces simplified procedures for authorization renewals and additional authorizations, while expanding the range of corporate and operational changes subject to SPA review and oversight.
Requires applicants to submit public, redacted versions of the documents filed with the authorization application and establishes transitional rules for the adaptation of pending applications and operators already authorized under the current regulatory framework.
Taken together, these changes reflect an evolution of the regulatory model adopted by the SPA. Rather than focusing solely on a more robust assessment at the authorization stage, the proposal also strengthens the Secretariat's ongoing supervision of authorized operators through enhanced governance, financial capacity, transparency and regulatory compliance requirements.
Contributions may be submitted by any individual or legal entity between July 27 and September 9, 2026, through the Brasil Participativo platform, available at: https://brasilparticipativo.presidencia.gov.br/processes/autorizacao.
