This Tuesday (26), the Prizes and Betting Secretariat of the Ministry of Treasury (SPA/MF) launched Ordinance No. 1,857/2024. The regulations regulate the transfer of data and resources of fixed-odd lottery players between legal entities of the same economic group and provides for cases in which this transfer cannot be carried out.
To receive information from bettors registered with national or foreign legal entities belonging to the same economic group, it is necessary to request approval from the SPA. Furthermore, bets that are still open until February 28th of next year must be finalized, with the total amount bet transferred to the bettor’s account.
The ordinance also determines that, in addition to direct communication so that entitled bettors can choose whether to allow or prevent this transfer, both the sending and receiving legal entities need to disclose information on betting sites and carry out communication actions.
The ordinance is signed by Secretary Regis Dudena.
Check out the SPA ordinance on data transfer and bettor resources
Regulates the transfer of data and resources of fixed-odd lottery players between legal entities of the same economic group, and provides for cases in which this transfer cannot be carried out.
THE SECRETARY OF PRIZES AND BETS OF THE MINISTRY OF TREASURY, in the use of the powers conferred on him by art. 55, caput, item I, item “d”, of Annex I of Decree No. 11,907, of January 30, 2024, and in view of the provisions of art. 29, § 3, of Law No. 13,756, of December 12, 2018, in Law No. 14,790, of December 29, 2023, in MF Normative Ordinance No. 1,330, of October 26, 2023, in SPA/MF Ordinance No. 615 , of April 16, 2024, at the Ordinance SPA/MF No. 722, of May 2, 2024, in SPA/MF Ordinance No. 827, of May 21, 2024, in SPA/MF Ordinance No. 1,225, of July 31, 2024, in SPA/MF Ordinance No. 1,231 , of July 31, 2024, and in Ordinance SPA/MF no. 1,233, of July 31, 2024, resolves:
CHAPTER I
PRELIMINARY PROVISIONS
Art. 1 This Ordinance regulates the transfer of data and resources of fixed-odd lottery players between legal entities of the same economic group, and provides for cases in which this transfer cannot be carried out.
Art. 2 For the purposes of this Ordinance, it is considered:
I – transfer of data and resources: sending data and resources from bettors registered with the sending legal entity to the receiving legal entity, both from the same economic group;
II – sending legal entity: the national or foreign legal entity that operates the fixed-odds lottery modality in the national territory, and in which the data and resources of the players are registered; and
III – receiving legal entity: the national legal entity that, by September 17, 2024, has requested authorization from the Prizes and Betting Secretariat of the Ministry of Treasury to explore the fixed-odd lottery betting modality in the national territory, in accordance with the SPA Ordinance /MF nº 827, of May 21, 2024, and is the recipient of data and resources from bettors originally registered with the sending legal entity of the same economic group.
Art. 3 To receive data and resources from bettors registered with national or foreign legal entities of the same economic group, who operate the fixed-odd lottery lottery modality in the national territory, they must request approval from the Prizes and Bets Secretariat of the Ministry of Treasury legal entities that:
I – by September 17, 2024, have requested authorization from the Prizes and Betting Secretariat of the Ministry of Treasury to explore the fixed-odd lottery betting modality in the national territory, in accordance with Ordinance SPA/MF No. 827, of May 21, 2024 ; and
II – are part of an economic group that includes a legal entity, national or foreign, that, on the date of publication of this Ordinance, operates the fixed-odds lottery modality in the national territory.
CHAPTER II
TRANSFER OF DATA AND RESOURCES
Art. 4 Legal entities interested in receiving data and resources must formalize the approval request to the Prizes and Bets Secretariat of the Ministry of Treasury by December 13, 2024, by sending:
I – of the Request for Transfer of Data and Resources (Annex I), addressed to the Secretary of Prizes and Bets of the Ministry of Treasury, duly signed by the same legal representative who signed the request for authorization to explore the fixed-odd lottery betting modality of which deals with Ordinance SPA/MF nº 827, of May 21, 2024; and
II – the documents listed in Annex II of this Ordinance.
§ 1 The formalization of the approval request referred to in the caput can only occur after the legal entity referred to in art. 3rd have been notified to pay for the granting of authorization in accordance with art. 16, caput, item I, of Ordinance No. 827, of May 21, 2024.
§ 2 The Request for Transfer of Data and Resources referred to in section I must be sent through the Electronic Information System – SEI, available at the electronic address https://sei.economia.gov.br/.
Art. 5 The Prizes and Bets Secretariat of the Ministry of Treasury will decide on the request for approval for the transfer of data and resources referred to in art. 4th within a period of up to fifteen days from the date of the request protocol in the Electronic Information System – SEI.
Single paragraph. The deadline provided for in the caput may be extended for another fifteen days in the case of requests submitted with insufficient information, or when additional clarifications are necessary.
Art. 6 The transfer of data and resources approved by the Prizes and Betting Secretariat of the Ministry of Treasury must comply with the following requirements:
I – the transfer of data and resources to the receiving legal entity must have been previously and expressly consented to by the bettors of the sending legal entity;
II – the identification and registration of bettors in the sending legal entity must be in accordance with the provisions of Ordinance SPA/MF No. 722, of May 2, 2024, and Ordinance SPA/MF No. 1,231, of July 31, 2024 ;
III – data transferred to the receiving legal entity must be stored and treated in compliance with the rules of Ordinance No. 722, of May 2, 2024; and
IV – the resources of each bettor must be duly identified in the sending legal entity and in the receiving legal entity by the holder’s registration number in the Individual Taxpayer Registry – CPF.
§ 1 The transfer of data and resources approved by the Prizes and Betting Secretariat of the Ministry of Treasury can only be carried out after publication in the Official Gazette of the Union of the Ordinance authorizing the receiving legal entity to explore the fixed-odd lottery betting modality, in form of art. 18 of Ordinance No. 827, of May 21, 2024.
§ 2 In the event that the bettor does not give the express consent referred to in item I of the caput, the rules of art. 15.
Art. 7. Bettors holding resources in the sending legal entity will be guaranteed the right to choose, subject to the rules of Ordinance SPA/MF No. 615, of April 16, 2024, between:
I – withdraw the resources you own by remitting them to one of your accounts registered with a financial or payment institution authorized by the Central Bank of Brazil; or
II – authorize the transfer of resources held by them to a transactional account in the receiving legal entity, with respective registration in the graphic account.
Art. 8. Bettors with open bets in the sending legal entity will be guaranteed the right to opt, observing the rules of Ordinance SPA/MF No. 722, of May 2, 2024, and Ordinance SPA/MF No. 1,231, of 31 May July 2024, between:
I – cancel bets, with full refund of the amount bet and returned in accordance with art. 7th, item I; or
II – maintain the bet, which will be held in custody on the platform of the receiving legal entity.
Art. 9 Bettors from the receiving legal entity must be able to access the platform of the sending legal entity, until March 31, 2025, to exercise the rights referred to in art. 7th and art. 8th.
Art. 10. To choose between the hypotheses referred to in art. 7th and art. 8th, the bettors holding the resources must be communicated by the sending legal entity and, where applicable, by the receiving legal entity, by electronic mail (e-mail), messaging applications, Short Message Service – SMS or other available means.
Art. 11. During the period of data and resource transfer, the sending legal entities may maintain their own platforms exclusively for the purposes of art. 9th, offering new products or services, including betting, after December 31, 2024, is prohibited.
§ 1 Bets that are still open in the sending legal entity on February 28, 2025 must be closed on that date, with the transfer of the full amount bet to the bettor’s transactional account, with the respective registration in the graphical account.
§ 2 In addition to the direct communication referred to in art. 10, so that bettors with resources can choose between the hypotheses referred to in art. 7th and art. 8, the sending legal entity and the receiving legal entity must:
I – issue warnings on fixed-odd betting platforms; and
II – carry out communication actions.
Art. 12. The resources held by bettors in transactional accounts in the sending legal entities that have not been withdrawn or transferred in accordance with art. 7th, by March 31, 2025, they must be transferred to the deposit or payment account registered by the bettor with the sending legal entity and recorded in the accounting balances of the receiving legal entity.
§ 1 If the bettor does not have a deposit or payment account registered with the sending legal entity, it is permitted to make a transfer to the deposit or payment account through which the last financial contribution was made by the bettor on the person’s platform legal sender, as long as it is possible to identify that he is the actual account holder.
§ 2º In the case of unfeasibility of remitting the resources in the form of the caput and § 1º, including due to problems involving the bettor’s deposit or payments account, impossibility of contacting him or his refusal to indicate a bank or payment account , the receiving legal entity must, between April 1, 2025 and June 30, 2025:
I – maintain accounting records of the resources mentioned in the caput; and
II – make efforts to contact bettors in accordance with art. 10, so that they can indicate a deposit or payment account held by them at an institution authorized by the Central Bank of Brazil, through which they can receive the funds held by them.
§ 3º The resources not sent to bettors in the form of the caput and § 1º until June 30, 2025 must be reverted to the Student Financing Fund – Fies and the National Fund for Public Calamities, Protection and Civil Defense – Funcap , in accordance with art. 32, § 1, of Law No. 14,790, of December 29, 2023.
Art. 13. The receiving legal entities must forward to the Prizes and Bets Secretariat of the Ministry of Treasury the documents referred to in Annex III, as follows:
I – items 1 and 2: until January 5, 2025;
II – items 3 and 4: until March 5, 2025;
III – item 5: until April 5, 2025; and
IV – item 6: until July 5, 2025.
Single paragraph. The documents mentioned in the caput must be sent through the Electronic Information System – SEI, available at https://sei.economia.gov.br.
CHAPTER III
RULES FOR PROHIBITED CASES OF TRANSFER OF DATA AND RESOURCES
Art. 14. Legal entities that:
I – have not requested from the Prizes and Betting Secretariat of the Ministry of Treasury, until September 17, 2024, authorization to explore the fixed-odd lottery betting modality in the national territory, in accordance with Ordinance SPA/MF No. 827, of 21 May 2024;
II – have not been authorized to explore the fixed-odd lottery modality in the national territory, due to non-compliance with the requirements of Ordinance SPA/MF nº 827, of May 21, 2024;
III – have not requested approval for the transfer of data and resources in accordance with art. 4th; and
IV – have not approved the request for transfer of data and resources, by decision of the Prizes and Bets Secretariat of the Ministry of Treasury.
Art. 15. The legal entities referred to in art. 14 must, by December 31, 2024:
I – close open bets in national or foreign legal entities, which, on the date of publication of this Ordinance, operate the fixed-odd lottery lottery modality in the national territory; and
II – transfer the resources available in the bettors’ transactional accounts to a deposit or payment account previously registered by them.
§ 1 If the bettor does not have a deposit or payment account registered with the sending legal entity, it is permitted to make a transfer to the deposit or payment account through which the last financial contribution was made by the bettor on the person’s platform legal sender, as long as it is possible to identify that he is the actual account holder.
§ 2º In the case of impossibility of remitting the resources in the form of the caput and § 1º, including due to problems involving the bettor’s deposit or payment account, impossibility of contacting him or his refusal to indicate a deposit or payment account payments, the legal entity that has rejected the request for approval to transfer data and resources to the recipient must, by March 31, 2025:
I – maintain accounting records of the resources mentioned in the caput; and
II – make efforts to contact bettors in accordance with art. 10, so that they can indicate a deposit or payment account held by them at an institution authorized by the Central Bank of Brazil, through which they can receive the funds held by them.
§ 3º Resources not sent to bettors in the form of the caput by the date of March 31, 2025 must be reverted to the Student Financing Fund – Fies and the National Fund for Public Calamities, Protection and Civil Defense – Funcap, in the form of art. 32, § 1, of Law No. 14,790, of December 29, 2023.
§ 4 The Prizes and Bets Secretariat of the Ministry of Treasury may request information from legal entities not approved to transfer data and resources, for monitoring and inspection purposes, in accordance with SPA/MF Ordinance No. 1,225, of July 31 2024.
§ 5 They apply to the legal entities referred to in art. 14, who fail to comply with the provisions of this article, the rules of the sanctioning regime referred to in Ordinance SPA/MF No. 1,233, of July 31, 2024.
CHAPTER IV
FINAL PROVISIONS
Art. 16. This Ordinance comes into force on the date of its publication.
REGIS ANDERSON DUDENA
ANNEX I
REQUEST FOR TRANSFER OF DATA AND RESOURCES
1. IDENTIFICATION OF THE REQUESTING LEGAL ENTITY:
Corporate name:
CNPJ:
Headquarters Address: address, complement, zip code, neighborhood, municipality, UF
2. FORMALIZATION OF THE APPLICATION
The legal entity qualified above expressly declares that it is fully aware of the rules of this Ordinance and that it fully accepts them, in particular, with regard to the powers granted to the Secretariat of Prizes and Bets of the Ministry of Treasury to carry out special measures to verify the veracity of the documents presented and seek any clarifications necessary to clarify the information contained therein. further declares that it has full capacity to carry out the activities of a betting operator and, under the penalties of applicable legislation, that all documents, information and statements presented are reliable and true.
Place and date:
Name, CPF and position of signatories
Note: the application must be digitally signed by the applicant who signed the authorization request referred to in Ordinance No. 827, of May 21, 2024.
ANNEX II
DOCUMENTS TO BE SUBMITTED TO REQUEST APPROVAL FOR TRANSFER OF DATA AND RESOURCES
1. IDENTIFICATION OF THE SENDING LEGAL ENTITY:
Corporate name:
CNPJ (if any):
Address:
Identification of the deposit or payment account in which the resources held by the bettors are registered: name of the institution; agency; and counts.
2. IDENTIFICATION OF THE DEPOSIT OR PAYMENT ACCOUNT OF THE RECEIVING LEGAL ENTITY
Identification of the deposit or transactional payment account to which the resources held by the bettors will be transferred: name of the institution; agency; and counts.
3. SPREADSHEET WITH IDENTIFICATION OF RESOURCES IN TRANSACTIONAL ACCOUNTS
Identification by CPF of each bettor’s resources registered in the bettors’ transactional accounts in the sending legal entity on the day before sending the membership application referred to in Annex I of this Ordinance.
4. SPREADSHEET WITH IDENTIFICATION OF OPEN BETS
Identification by CPF of the values of each bettor in ongoing bets with the sending legal entity on the day before sending the request referred to in Annex I of this Ordinance.
5. DATA AND RESOURCE TRANSFER PLAN
Plan prepared by the applicant with information, including a schedule, on the process of transferring data and resources owned by bettors from the sending legal entity to the receiving legal entity, observing the rules of this Ordinance.
ANNEX III
DOCUMENTS TO BE PRESENTED DURING THE TRANSFER OF DATA AND RESOURCES
1. SPREADSHEET WITH IDENTIFICATION OF BETTER RESOURCES ON JANUARY 1, 2025
Identification by CPF of each bettor’s resources registered in the transactional accounts of the sending legal entity on January 1, 2025.
Identification by CPF of each bettor’s resources registered in the transactional accounts of the receiving legal entity on January 1, 2025.
Identification by CPF of each bettor’s resources transferred to deposit or payment accounts since the beginning of data and resource transfers.
2. SPREADSHEET WITH IDENTIFICATION OF BETS OPEN ON JANUARY 1, 2025
Identification by CPF of the resources of each bettor in open bets in the sending legal entity on January 1, 2025.
3. SPREADSHEET WITH IDENTIFICATION OF OPEN BETS ON FEBRUARY 28, 2025
Identification by CPF of the resources of each bettor in open bets in the sending legal entity on February 28, 2025.
4. SPREADSHEET WITH IDENTIFICATION OF BETTER RESOURCES ON FEBRUARY 28, 2025
Identification by CPF of each bettor’s resources registered in the transactional accounts of the sending legal entity on February 28, 2025.
Identification by CPF of each bettor’s resources registered in the transactional accounts of the receiving legal entity on February 28, 2025.
Identification by CPF of each bettor’s resources transferred to the bettors’ deposit or payment accounts since the beginning of data and resource transfers.
5. SPREADSHEET WITH IDENTIFICATION OF BETTER RESOURCES ON MARCH 31, 2025
Identification by CPF of each bettor’s resources registered in the transactional accounts of the sending legal entity on March 31, 2025.
Identification by CPF of each bettor’s resources registered in the transactional accounts of the receiving legal entity on March 31, 2025.
Identification by CPF of each bettor’s resources transferred to the bettors’ deposit or payment accounts since the beginning of data and resource transfers.
6. SPREADSHEET WITH IDENTIFICATION OF RESOURCES REVERTED IN ACCORDANCE WITH LAW No. 14,790, OF 2024
Identification by CPF of each bettor’s resources registered in the transactional accounts in the sending legal entity on June 31, 2025 that were not transferred to the bettors and were reverted to the Student Financing Fund (Fies) and the National Fund for Public Calamities, Civil Protection and Defense (Funcap), in accordance with art. 32, § 1, of Law No. 14,790, of December 29, 2023.
