(a) A person applying for a license pursuant to this Article must do so in writing, under oath, and in a form prescribed by the Commission. The application must state or contain:
(1) the legal name, residential and business addresses of the applicant and any fictitious or trade name used by the applicant in the conduct of its business;
(2) the applicant's civil litigation for the last five (5) years;
(3) a description of any gaming business previously or presently engaged in by the applicant;
(4) a copy of any software and an inventory of computer hardware to be utilized by the applicant in the proposed Internet gaming or Internet gambling business;
(5) the name and address of any clearing financial institutions through which the applicant's prizes will be payable through, if any;
(6) a document confirming that the requirements for security and net worth as set forth in sections 612 and 615, of this article, have been or will be satisfied;
(7) a document confirming that the applicant acknowledges that the laws of the Virgin Islands and the United States, as applicable, shall apply to the conduct of its operations and that the applicant shall comply with all rules and regulations promulgated by the Commission as applicable to the conduct of approved Internet games or approved Internet gambling and that the applicant agrees to the location of its operations within the central data bank operated by the Master Service Provider; and
(8) such other information the Commission may reasonably require with respect to the applicant.
(b) If an applicant is a corporation, the applicant shall also provide:
(1) the date of the applicant's incorporation and the jurisdiction of incorporation;
(2) a certificate of good standing from the jurisdiction in which the applicant is incorporated;
(3) a description of the corporate structure of the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded on a securities exchange;
(4) the legal and any fictitious name, business and residential addresses, and employment, for the past five years, of each executive officer, director, principal employee, and controlling persons of the applicant;
(5) civil litigation and criminal convictions for the past ten years of each executive officer, director, principal employee, and controlling persons of the applicant;
(6) a copy of the applicant's audited financial statements for the most recent fiscal year and, if available, for the next preceding two years;
(7) a copy of the applicant's unconsolidated financial statements for the current year, whether audited or not, and, if available, for the next preceding two (2) years;
(8) if the applicant is a publicly traded corporation, a copy of the most recent 10-K report filed with the United States Securities and Exchange Commission;
(9) if the applicant is a wholly owned subsidiary of:
(A) a corporation publicly traded in the United States, a copy of the articles of incorporation and all amendments, audited financial statements for the parent corporation for the current year or the parent corporation's most recent 10K reports filed with the United States Securities and Exchange Commission;
(B) a corporation publicly traded outside of the United States, similar documentation filed with the parent corporation's non-United States regulator; and
(10) such other information the Commission reasonably requires.
(c) If the applicant is not a corporation, the applicant shall also provide:
(1) evidence that the applicant is qualified to do business in the Virgin Islands;
(2) the legal and any fictitious name, business and residential addresses, personal financial statements, and employment for the last five years, for each controlling person that is an individual and each responsible individual of the applicant;
(3) civil litigation and criminal convictions, for the last ten years, of each controlling person that is an individual and each responsible individual of the applicant;
(4) a copy of the applicant's audited financial statements for the current year, and, if available, for the next preceding two years; and
(5) such other information as the Commission reasonably requires.
(d) A nonrefundable application fee of $10,000 and for the first two (2) years after the commencement of Internet Gaming and Internet Gambling, a license fee of $25,000 must accompany an application for a license under this Article. Thereafter, the license fee shall be established by the Rules and Regulations promulgated by the Commission. The applicant for a license shall also be responsible for the total costs associated with the investigation of the applicant in addition to the application fee and license fee required by this subsection.
(e) The license fee shall be refunded if the application is denied.
(f) The Commission may waive a requirement of subsections (a) through (c) of this section or permit an applicant to submit substituted information in lieu of the required information.
(g) A license is required, under the provisions of this section, for every shareholder owning directly or indirectly over fifteen percent (15%) of any class of voting securities, and all executive officers, all directors, principal programmers and any other persons as the Commission or the Division may determine to. However, the Commission shall establish the license fees for the issuance of a license under the provisions of this subsection.