The Prizes and Betting Secretariat of the Ministry of Finance (SPA) published, in the Official Gazette of the Union (DOU) on December 16, 2025, Normative Instruction (IN) SPA/MF No. 35, outlining the procedures to be followed by fixed-odds betting operators to communicate changes in the conditions that justified the approval of the authorization act.
The procedures are divided into two groups, according to the classification of the changes: (i) those that take effect only after SPA approval and (ii) those that take immediate effect without the need for SPA approval. The table below summarizes the changes that fall into each category:
Changes subject to SPA approval |
Changes that do not require SPA approval |
|---|---|
|
Trademarks, objects, and modalities explored by the betting operator agent |
Financial and payment institutions authorized by the Central Bank of Brazil that provide financial services to the betting operator agent |
|
Domains |
Administrators |
|
Betting systems platform provider |
Company name and headquarters address |
|
|
Merger, split, incorporation, transformation, as well as transfer or modification of direct or indirect corporate control |
|
|
Initiation of operations or exploration of new trademarks by the betting operator, characterized by the offering to users through certified systems and platforms on electronically authorized channels under the "bet.br" domain |
For changes subject only to notification to the SPA, the IN also sets deadlines to be observed by the operators:
Change |
Deadline to notify the SPA of the change |
|---|---|
|
Financial and payment institutions authorized by the Central Bank of Brazil that provide financial services to the betting operator agent. |
10 (ten) days |
|
Administrators |
10 (ten) days |
|
Corporate name and registered office address |
10 (ten) days |
|
Merger, demerger, incorporation, transformation, as well as transfer or modification of direct or indirect corporate control |
30 (thirty) days |
|
Start of operations or the exploration of new commercial brands by the betting operator, characterized by the offering to users through certified systems and platforms on electronic channels with the domain "bet.br" previously authorized |
10 days from the publication, if there is no intention to start the operation of any commercial brand within thirty days following the publication of the authorization ordinance |
|
10 days in advance of the start date for the operation of a specific commercial brand |
Specifically for corporate operations such as mergers, demergers, incorporations, or changes in control, for example, the IN allows for a prior consultation with the SPA, to ensure that such operations will not lead to a review of the granted authorization. Furthermore, the origin of the resources used for the integration of the capital stock must be proven whenever these corporate changes involve the entry of financial resources or any financial transaction with the company"s capital.
The documentation for the procedures varies according to the change intended or made. Articles 3 to 5 of the IN cover the documents for cases subject to prior approval by the SPA, while Articles 7 to 10 cover those subject to mere notification.
It is important to note that, for changes related to commercial brands or the system platform provider, the IN itself provides, in its Annexes I and II, respectively, the application form models.
The analysis period by the SPA will be up to 150 days, counted from the date of formalization of the electronic petition, which may be suspended if it is necessary for the operator to present additional documents or information.
The approval of changes and the confirmation of updated documentation will occur through an official letter included in the respective electronic or digital process, waiving the physical form of the document. However, for cases of changes (i) in commercial brands, objects, and modalities explored by the betting operator or (ii) in corporate name, approval will occur through an ordinance published in the DOU.
The Gaming & E-sports team at TozziniFreire is ready to assist operators in these processes.
