SPA-MF sets rules for betting operators to report changes to authorizations.
The Prizes and Betting Secretariat (SPA) of the Ministry of Finance (MF) has established the procedures that fixed-odds betting operators must follow to communicate changes in the conditions of their authorizations. Normative Instruction No. 35 was published this Tuesday (16) in the Official Gazette of the Union. The document, signed by Secretary Regis Dudena, also regulates how companies must report the start of their operational activities.
The regulation divides the procedures into two main categories: changes that only take effect after approval by the SPA (São Paulo Administrative Authority) and modifications with immediate effect, which do not require prior approval.
The first category includes changes to trademarks, the “bet.br” domain, and betting system platform providers. The second category includes changes to partner financial institutions, changes in administrators, modifications to the company name and registered office address, as well as corporate processes such as mergers, spin-offs, and acquisitions.
For changes in administrators, company name, and address, operators have ten days after the event to notify the SPA. In cases of merger, spin-off, incorporation, or changes in corporate control, the deadline is thirty days.
The instruction allows operators to conduct prior consultation with SPA to ensure that corporate changes do not result in a review of the authorization. According to the regulation, the operating agent can begin its activities with only one authorized trademark, and may subsequently exploit others.
If the company does not intend to begin operations within thirty days of the publication of the authorization order, it must notify SPA within ten days of publication. To begin exploiting any trademark, notification must be given at least ten days in advance.
The Normative Instruction specifies the documentation required for each type of change. For changes to trademarks, object, and modalities, the operator must submit a detailed request, a declaration regarding the Bettor Support System, and system certifications.
In cases of exclusion or replacement of operating brands, it is necessary to prove the suspension of registration for new users and present a discontinuation plan. This plan must detail how the return or transfer of data and financial resources between the commercial brands will be carried out.
For domain name changes, the operator must submit a request with technical and administrative justification. When it comes to adding new domains for new brands, it is necessary to demonstrate the unequivocal correlation between the domain and the authorized trademark.
SPA may conditionally approve changes when there is a risk to bettors' rights or their financial resources, granting an additional period for the submission of the required documents.
For changes related to the betting system platform provider, the communication must include a request with justification, technical certifications, and a plan for the continuity and integrity of bettors' data.
This plan needs to describe the measures to ensure the preservation of the integrity, consistency, and traceability of player account data, as well as demonstrate that there will be no losses in balances and betting histories during the migration between platforms.
Regarding changes to partner financial institutions, the operator must submit a request detailing the changes, a registration form, and a declaration of compliance with payment transaction rules, in addition to certificates of regularity issued by the Central Bank of Brazil.
In cases where a financial institution is excluded, the operator must inform customers what services the institution previously provided and how the discontinuation of operations occurred, highlighting the measures taken to protect the rights of bettors.
The regulation stipulates that the institution holding the financial reserve must be a bank, savings bank, brokerage firm, or securities distribution company that participates in the Special Settlement and Custody System.
To report changes related to new administrators, operating agents must submit seven documents to SPA, including a request detailing the changes, a specific form for each new administrator, and the corporate act that resolved the election or appointment.
The Normative Instruction prohibits operating agents from altering the fields in the annexes of MF/SPA Ordinance No. 827, allowing only the adjustments necessary for their proper completion.
For foreign documents, the regulation establishes that they must undergo a notarization procedure in the country of origin and subsequently be apostilled, for countries that are signatories to the Hague Apostille Convention.
The SPA's review period for the changes is up to 150 days, starting from the date the electronic petition is formally submitted. This period may be suspended if the operator is notified to submit supplementary documents.
Normative Instruction SPA/MF No. 35 entered into force on the date of its publication, signed by Regis Anderson Dudena, Secretary of Prizes and Bets of the Ministry of Finance.
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Agency: Ministry of Finance/Secretariat of Prizes and Betting
Normative Instruction SPA/MF No. 35, of December 3, 2025
This document outlines the procedures to be followed by fixed-odds betting operators to notify the Ministry of Finance's Prize and Betting Secretariat of any changes to the conditions that justified the granting of authorization, as stipulated in Articles 6 and 22 of SPA/MF Ordinance No. 827, dated May 21, 2024, and to inform them of the commencement of their operational activities.
The Secretary of Prizes and Betting of the Ministry of Finance, in the exercise of the powers conferred upon him by art. Article 55, paragraph I, of Annex I of Decree No. 11.907, of January 30, 2024, and considering the provisions of Laws No. 13.756, of December 12, 2018, and No. 14.790, of December 29, 2023, Ordinance SPA/MF No. 300, of February 23, 2024, Ordinance SPA/MF No. 722, of May 2, 2024, Ordinance SPA/MF No. 827, of May 21, 2024, Ordinance SPA/MF No. 2.104, of December 30, 2024, and Normative Instruction SPA/MF No. 11, of November 4, 2024, and Normative Instruction SPA/MF No. 3, of January 10, 2025, resolve:
OBJECT
Article 1. This Normative Instruction establishes the procedures to be observed by fixed-odds betting operators to notify the Prizes and Betting Secretariat of the Ministry of Finance of changes to the conditions that justified the granting of the authorization, in accordance with the provisions of Articles 6 and 22 of SPA/MF Ordinance No. 827, of May 21, 2024, and the commencement of their operational activities.
RANKING
Article 2. The procedures for communicating with the Prizes and Betting Secretariat of the Ministry of Finance, as referred to in Article 1, are classified as follows:
I – Procedures for communicating changes that take effect only after approval by the Prizes and Betting Secretariat of the Ministry of Finance:
a) trademarks, object and modalities exploited by the betting operator;
b) domains; and
c) provider of betting system platform;
II – Procedures for communicating changes or actions that produce immediate effects, without the need for prior approval from the Prizes and Betting Secretariat of the Ministry of Finance:
a) Financial and payment institutions authorized to operate by the Central Bank of Brazil that provide financial services to the betting operator;
b) administrators;
c) company name and registered office address;
d) merger, spin-off, incorporation, transformation, as well as transfer or modification of direct or indirect corporate control; and
(e) commencement of operations or exploitation of new trademarks by the betting operator, characterized by making offers to users through certified systems and platforms, on electronic channels with the domain “bet.br” previously authorized by the Prizes and Betting Secretariat of the Ministry of Finance.
§ 1 The betting operator must notify the Prizes and Betting Secretariat of the Ministry of Finance:
I – within ten days of their occurrence, the changes referred to in subparagraphs “a”, “b” and “c” of item II of the main clause; and
II – within thirty days from the date of its occurrence, the changes referred to in subparagraph “d” of item II of the main clause.
§ 2 For the purposes of the provisions of subparagraph “e” of item II of the main clause, it is permitted that the commencement of the operational activities of the betting operator may occur with the exploitation of a single authorized trademark, and that the exploitation of other trademarks may begin at subsequent times, each subject to prior notification to the Prizes and Betting Secretariat of the Ministry of Finance, observing the following:
I – If there is no intention to begin operating any trademark within thirty days following the publication of the authorization decree, the Prizes and Betting Secretariat of the Ministry of Finance must be notified within a maximum period of ten days from said publication; and
II – The Prizes and Betting Secretariat of the Ministry of Finance must be notified at least 10 (ten) days in advance of the start date for the exploitation of a specific trademark;
§ 3. The operating agent may conduct a prior consultation with the Prizes and Betting Secretariat of the Ministry of Finance to ensure that the intended corporate changes, as referred to in subparagraph “d” of item II of the main clause, will not result in a review of the authorization granted.
§ 4 The immediate effects foreseen in item II of the heading of this article do not preclude the possibility of the Prizes and Bets Secretariat of the Ministry of Finance requesting supplementary documentation after examining the specific case or determining the review of the authorization, in the case of subparagraph “d” of item II of the heading, or the reversal of the changes made, in the case of the other subparagraphs of item II of the heading.
§ 5 The review of the authorization granted, as well as the reversal of the changes made, provided for in § 4 of this article, will be carried out through a specific administrative process, in which the interested party will be guaranteed the right to a fair hearing and full defense, applying, where applicable, the provisions of Law No. 9.784, of January 29, 1999.
Changes that take effect after SPA/MF approval.
Article 3. The notification to the Prizes and Betting Secretariat of the Ministry of Finance regarding the changes intended by the betting operator, relating to trademarks, object and modalities, shall be accompanied by the following documents:
I – a request detailing the intended changes, according to the model in Annex I of this Normative Instruction;
II – a statement that the Customer Service System is properly implemented and ready to operate, for the trademarks to be included or changed, accompanied by:
a) Information on whether the service will be provided directly or by a third-party legal entity;
b) detailed information on the access channels to the Bettor Support System for each new commercial brand, including telephone number, chat address, and contact email; and
c) if the service is provided by a third-party legal entity, a service agreement or equivalent document for each new trademark, if separate contracts are required;
III – a statement as to whether the requested trademark will be operated through a specific betting system or through a betting system shared with other trademarks;
IV – System certifications, as set forth in SPA/MF Ordinance No. 300, of February 23, 2024, and in accordance with SPA/MF Normative Instruction No. 3, of January 10, 2025, if the new trademark is to be exploited through a specific betting system;
V – new version of the betting system certificate, with explicit identification of the new trademark, if it is to be used through an already certified system, noting that:
a) The new version of the certificate will be accompanied by information on verification tests of the platform's electronic signatures and a specification that the use of the new trademark does not affect critical components of the platform; and
b) the betting system certificate must be sent to the Prizes and Betting Secretariat of the Ministry of Finance within thirty days from the date of publication of the ordinance that includes the new trademark;
VI – In cases of requests for the exclusion or replacement of trademarks in operation, in addition to the requirement mentioned in item I of this article, the betting operator must, prior to ceasing operations:
a) submit proof of suspension of registration of new users on the platform;
b) to notify the Prizes and Betting Secretariat of the Ministry of Finance, before the effective termination of activities related to the trademark to be excluded or replaced, of the plan to discontinue operations, aiming at preserving the rights of bettors;
c) inform how the return or transfer of bettors' data and financial resources between the commercial brands will be carried out, with details about the migration plan, including the method of communication and request for bettors' consent; and
d) submit the contracts for the exploitation of the new trademark or the assignment of rights for the trademark to be discontinued, if any.
Sole paragraph. In cases where physical betting offers are included, in addition to the requirement mentioned in item I of the main clause of this article, a declaration must be submitted stating that the betting operator will provide in-person service to bettors at the establishments offering this modality, in accordance with article 28, § 2, of Law No. 14.790, of December 29, 2023.
Article 4. The notification to the Prizes and Betting Secretariat of the Ministry of Finance regarding the changes intended by the betting operator, relating to domains, shall be accompanied by the following documents:
I – Application for change of ownership, accompanied by technical and administrative justification;
II – For domains related to the inclusion of new trademarks: the new intended domain “bet.br” must be indicated, and a justification must be presented regarding the need and purpose of its use, accompanied by evidence demonstrating the unequivocal correlation between the domain and the respective authorized trademark;
III – For areas related to the replacement of existing trademarks, in addition to the application, the following documents must be submitted:
a) detailed migration plan; and
b) a communication plan for users, explaining the measures for the secure return or transfer of accounts and bets, preservation of data and balances, notification procedures and, where applicable, collection of bettors' consent regarding the change of brand domain.
Sole paragraph. The Prizes and Betting Secretariat of the Ministry of Finance may authorize, with justification, the registration and use of the domain “bet.br” corresponding to a trademark that is not yet active, exclusively for the execution of pre-commercial operational tests, prohibiting any offer to users until the effective start of commercial exploitation of the trademark.
Article 5. The notification to the Prizes and Betting Secretariat of the Ministry of Finance regarding the changes intended by the betting operator, relating to the betting system platform provider, shall be accompanied by the following documents:
I – Request for platform change, accompanied by justification, according to the model in Annex II of this Normative Instruction;
II – technical certification as referred to in SPA/MF Ordinance No. 300, of February 23, 2024, in accordance with SPA/MF Normative Instruction No. 3, of January 10, 2025, prior to the platform change;
III – evaluation report of the technical requirements defined in Annex II of SPA/MF Ordinance No. 722, of May 2, 2024; and
IV – Business continuity and integrity plan for bettors' data, containing a description of the measures adopted to ensure:
a) preservation of the integrity, consistency, and traceability of player account data; and
b) absence of losses or inconsistencies in balances, betting histories, and other information during and after the migration process between platforms.
Article 6. When there is a possibility of risk to the rights of bettors or to their financial resources, the Prizes and Betting Secretariat of the Ministry of Finance may conditionally approve the changes requested by the betting operator and grant an additional period for the submission of the documents required in this Normative Instruction.
Changes that produce immediate effects.
Article 7. The notification to the Prizes and Betting Secretariat of the Ministry of Finance of changes made by the betting operator, relating to the financial and payment institutions with which it maintains a financial relationship, shall be accompanied by the following documents:
I – a request detailing the intended changes;
II – registration form and declaration of compliance with the general rules relating to payment transactions referred to in Article 8, items V and VI, of SPA/MF Ordinance No. 827, of May 21, 2024, according to the model contained in Annex V of said Ordinance; and
III – Certificates of good standing issued by the Central Bank of Brazil, as referred to in Article 8, item VII, of Ordinance SPA/MF No. 827, of May 21, 2024.
§ 1 In the case of exclusion of a financial or payment institution, the request referred to in item I of the main clause must state which financial services the institution previously provided to the betting operator and how the discontinuation of operations occurred, highlighting the measures taken to preserve the rights and financial resources of bettors.
§ 2 In the event of a proposed change in the financial institution holding the financial reserve, after examination of the documentation referred to in the heading, in order to comply with the provisions of art. 9, § 6, subparagraph “c”, of Normative Ordinance SPA/MF No. 615, of April 16, 2024, the Secretariat of Prizes and Bets of the Ministry of Finance will send to the betting operator authorization to carry out the transfer of securities without change of ownership referred to in art. 29, item XI, of BCB Resolution No. 55, of December 16, 2020, prohibiting the sale of federal public securities or the redemption of the amounts that make up the financial reserve.
§ 3 The financial institution holding the financial reserve must be a bank, savings bank, brokerage firm, or securities distribution company participating in the Special Settlement and Custody System – Selic, in accordance with the provisions of Article 7 of BCB Resolution No. 55, of December 16, 2020.
§ 4 Within ten days of the change in the custodian institution of the financial reserve, the operating agent must forward the following to the Prizes and Betting Secretariat of the Ministry of Finance:
I – extract of the custody position of the Special System for Settlement and Custody – Selic of the Financial Reserve Account – Betting Operator Agent (Code 037), pursuant to Annex III of BCB Normative Instruction No. 506, of August 29, 2024; and
II – a digitally signed statement by the legal representative of the new custodian financial institution stating the total market value of the federal government securities that comprise the Financial Reserve, calculated for the date of the Custody Position Statement, based on the unit prices published daily by the Central Bank of Brazil.
Article 8. Notification to the Prizes and Betting Secretariat of the Ministry of Finance of changes made by the betting operator, relating to new administrators or legal representatives, shall be accompanied by the following documents:
I – application detailing the changes made;
II – the form referred to in Article 8, paragraph IV, of MF/SPA Ordinance No. 827, of May 21, 2024, individually for each new administrator or legal representative;
III – corporate act that resolved on the election or appointment of the new administrators, duly registered with the commercial registry, as referred to in article 8, paragraph IX, of MF/SPA Ordinance No. 827, of May 21, 2024;
IV – declaration as referred to in article 10, paragraph III, subparagraph “a”, of MF/SPA Ordinance No. 827, of May 21, 2024, for all new administrators or legal representatives;
V – certificates referred to in Article 10, item III, subparagraphs “c” to “e”, of MF/SPA Ordinance No. 827, of May 21, 2024, including federal criminal distribution certificates, state criminal distribution certificates, in first and second instances, if any, and Certificate of Administrative Impropriety and Ineligibility from the National Council of Justice, observing the provisions of Article 10, § 1, and Article 7, §§ 1 to 5 of said Ordinance;
VI – declaration of compliance with the requirements for holding and exercising administrative and management positions, according to the model contained in Annex VII of MF/SPA Ordinance No. 827, of May 21, 2024; and
VII – proof of completed higher education or a minimum of three years of professional experience in an area related to the position to be filled, in accordance with Article 12, § 1, of MF/SPA Ordinance No. 827, of May 21, 2024, observing the provisions of Article 7, §§ 1 to 5, of said Ordinance and Article 16 of this Normative Instruction.
§ 1 In accordance with article 2, paragraph I, of MF/SPA Ordinance No. 827, of May 21, 2024, administrators are considered to be those holding management positions or equivalent positions and the members of the board of directors of the betting operator, if any.
§ 2. For changes to area managers who do not hold management or administrative positions, only an update to the document referring to Annex II of MF/SPA Ordinance No. 827, dated May 21, 2024, must be submitted.
§ 3. Self-declaratory documents will not be accepted as proof of academic training or professional experience, as referred to in item VIII of the heading of this article.
§ 4. Proof of higher education qualifications must be submitted in their entirety, legible, without cuts, margin cuts, smudges or erasures, in a digital format in which it is possible to view the entire document, front and back.
Article 9. Notification to the Prizes and Betting Secretariat of the Ministry of Finance of changes made by the betting operator, relating to the company name and address of the authorized legal entity, shall be accompanied by the following documents:
I – application detailing the changes made;
II – updated articles of incorporation or bylaws, duly registered with the commercial registry; and
III – Updated National Registry of Legal Entities (CNPJ) card.
Article 10. Notification to the Secretariat of Prizes and Betting of the Ministry of Finance of changes made by the betting operator, relating to merger, division, incorporation, transformation, as well as transfer or modification of direct or indirect corporate control, shall be accompanied by the following documents:
I – Description of the corporate changes made, any changes in share capital, beneficial owners, holders of qualifying holdings, and direct and indirect controlling shareholders;
II – Description of changes in the economic group structure of the authorized legal entity, including, if applicable, corporate agreements, affiliation contracts, consortia, joint ventures, or other corporate instruments that may impact the control, governance, or operation of the betting operator;
III – updated version of the identification form contained in Annex II of SPA/MF Ordinance No. 827, of May 21, 2024;
IV – documents foreseen in articles 8 to 12 and in article 14 of SPA/MF Ordinance No. 827, of May 21, 2024, that require updating due to corporate changes;
V – proof of compliance with the provisions of Article 7, §1, item IX, of Law No. 14.790, of December 29, 2023;
VI – bank statements proving the payment of the share capital by the new partners; and
VII – report regarding the origin of the resources used for the payment of the share capital by the new partners or relating to the transfer of resources between partners not previously proven.
Sole paragraph. The origin of the resources used for the payment of the share capital must be proven whenever the corporate changes referred to in the heading involve the entry of financial resources or any financial transaction with the company's share capital, in accordance with the provisions of article 2, heading, item V, of MF/SPA Ordinance No. 827, of May 21, 2024.
COMMUNICATION AND CONCLUSION OF THE PROCESS
Article 11. Notification to the Prizes and Betting Secretariat of the Ministry of Finance of the occurrence of changes or actions foreseen in Article 2, paragraph 1, items I and II, must be made through electronic petitioning in the Electronic Information System – SEI, by accessing the electronic address https://colaboragov.sei.gov.br/ or the electronic address that may replace it.
Sole paragraph. Communication to the Prizes and Betting Secretariat of the Ministry of Finance will be carried out through the Betting Management System – SIGAP as soon as a specific module for monitoring and evaluating the changes is made available to users.
Article 12. The approval of changes intended or made by the betting operator, as well as the confirmation of updated documentation submitted, will occur through an official letter included in the respective electronic or digital process, dispensing with the need for a physical document.
Sole paragraph. In the case of the changes foreseen in article 2, caput, item I, subparagraph “a” and article 2, caput, item II, subparagraph “c”, except for the address, the approval will take place with the publication of a specific ordinance in the Official Gazette of the Union.
Article 13. The deadline for the Prizes and Betting Secretariat to analyze the changes intended or made by the betting operator will be up to one hundred and fifty days, counted from the date of formalization of the electronic petition referred to in Article 11.
Sole paragraph. If the betting operator is notified by the Prizes and Betting Secretariat to submit supplementary documents or information, the deadline mentioned in the main clause will be suspended until the pending issues are resolved.
FINAL DISPOSITIONS
Article 14. Betting operators are prohibited from altering the fields in the annexes of MF/SPA Ordinance No. 827, of May 21, 2024, and this Normative Instruction, except for adjustments necessary for their proper completion.
Article 15. The certificates referred to in Articles 9 and 10 of MF/SPA Ordinance No. 827, of May 21, 2024, must be within their validity period at the time of their presentation.
Article 16. Foreign documents must undergo a notarization procedure in the country of origin, in the case of signatures, and subsequently an apostille procedure in countries that are signatories to the Hague Apostille Convention.
§ 1 Alternatively, for countries that are not signatories to the Hague Apostille Convention, the documents referred to in the heading must be legalized at Brazilian Consular Offices abroad with jurisdiction over the location where the documents were issued.
§ 2. Documents in a foreign language must be translated into Portuguese by a sworn public translator in Brazil.
Article 17. Documents submitted to the Prizes and Betting Secretariat of the Ministry of Finance must be accompanied by the power of attorney granted to the signatory of the document.
Article 18. The procedures for communicating changes to the Prizes and Betting Secretariat of the Ministry of Finance, as addressed in this Normative Instruction, exclude the possibility of changing the National Registry of Legal Entities – CNPJ number, which must be maintained by the betting operator throughout the authorization period, in accordance with the provisions of Article 5, paragraph II, of Law No. 14.790, of December 29, 2023.
Article 19. This Normative Instruction enters into force on the date of its publication.
REGIS ANDERSON DUDENA
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ANNEX I APPLICATION FOR CHANGE OF TRADEMARKS
I. IDENTIFICATION OF THE BETTING OPERATOR:
Company name:
CNPJ:
Headquarters Address:
Authorization Order Number and Date:
II. RESPONSIBLE FOR CONDUCTING THE PROCESS: (Legal representative or administrators. Please provide name, CPF [Brazilian tax identification number], profession or position, telephone number, and email address.)
III. DESCRIPTION OF THE PROPOSED CHANGES:
(Detail the current trademarks and the intended new trademarks. State the quantity, trade name, and respective website of the trademarks that will be exploited by the operating agent, including the current trademarks that will remain active.)
IV. OBJECT OF FIXED-ODDS BETTING:
Trademark 1: (specify name)
a) only real sporting events: ( )
b) only virtual online gaming events: ( )
c) sports theme and online games together: ( )
Trademark 2: (specify name)
a) only real sporting events: ( )
b) only virtual online gaming events: ( )
c) sports theme and online games together: ( )
Trademark 3: (specify name)
a) only real sporting events: ( )
b) only virtual online gaming events: ( )
c) sports theme and online games together: ( )
V. MODALITIES TO BE OFFERED:
Trademark 1: (specify name)
a) virtual only: ( )
b) physics only: ( )
c) virtual and physical together: ( )
Trademark 2: (specify name)
a) virtual only: ( )
b) physics only: ( )
c) virtual and physical together: ( )
Trademark 3: (specify name)
a) virtual only: ( )
b) physics only: ( )
c) virtual and physical together: ( )
VI. DECLARATION:
The legal entity described above expressly declares that it is fully aware of the terms governing the trademark change process, including the prohibition on commencing operations before the publication of a specific authorization decree from the Prizes and Betting Secretariat of the Ministry of Finance.
Place and date:
Name and CPF (Brazilian tax identification number) of the legal representative.
Remarks:
The application must be digitally signed by the legal representative or by an administrator whose representation is recognized by the bylaws or articles of incorporation.
ANNEX II REQUEST FOR CHANGE OF BETTING SYSTEM PLATFORM PROVIDER
I. OPERATOR DATA
Social Reason:
CNPJ:
Identification of the brand or brands subject to platform change:
SIGAP Request Number:
Name of Legal Representative:
Institutional email:
Institutional phone number:
II. CURRENT PLATFORM DATA:
Provider Name:
III. DATA FROM THE NEW PLATFORM:
Name of the New Provider:
IV. EXPECTED MIGRATION DATE: dd/mm/yyyy
V. JUSTIFICATION FOR THE CHANGE:
(Clearly and objectively describe the reasons for changing platform providers, including, if applicable, technical, operational, contractual, or security aspects)
VI. GENERAL INFORMATION ABOUT THE NEW PLATFORM:
(Specify which components will be replaced and their respective providers)
