Private Members' Gaming Clubs
Registration of persons directing private members’ clubs - Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
The Act contains new obligations for private members' clubs where gambling activities are carried on including a requirement for registration with the Minister for Justice and Equality. This requirement is provided for in section 109 (1) of the Act:
109.—(1) A person who is a designated person pursuant to section 25(1)(h) shall register with the Minister in accordance with such procedures as may be prescribed or otherwise imposed by the Minister.
The meaning of "designated person" is provided at section 25 (1) (h) of the Act:
25.—(1) In this Part, "designated person" means any person, acting in the State in the course of business carried on by the person in the State, who or that is......
(h) a person who effectively directs a private members’ club at which gambling activities are carried on, but only in respect of those gambling activities
It is important to note that a person who is required to register and fails to do so will commit an offence under section 109 (2) of the Act and will be liable (a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months (or both), or (b) on conviction on indictment, to a fine or imprisonment not exceeding 5 years (or both).
The legislation also imposes requirements on designated persons to provide to the fullest extent possible for the prevention of money laundering and terrorist financing. These obligations include ones to identify customers, to report suspicious transactions to An Garda Síochána and the Revenue Commissioners and to have specific procedures in place for the prevention of money laundering and terrorist financing. You should familiarise yourself with the legislation and the requirements in full.
The registration process and ongoing monitoring of your compliance with the obligations contained in the Act will be administered by the Department of Justice and Equality's, Anti-Money Laundering Compliance Unit.
The Application for registration form (which should be completed in full) can be downloaded from the forms section of this website. Completed forms can be returned to:
Anti-Money Laundering Compliance Unit,
Floor 2,
Bishop's Square,
Redmond's Hill,
Dublin 2.