Persons Required to be Qualified
Effective Mar 13, 2026Mass. Register #1569MGL c. 23K, §§ 4(37), 5, 12, 14, and 16Massachusetts Gaming Commission
(1) The following persons shall be required to qualify as part of the Phase 1 or new qualifier determination for a Category 1 or Category 2 license:
(a) If the applicant is a corporation:
- 1. Each officer
- 2. Each director
3. In the judgment of the commission in accordance with this M.G.L. c. 23K:
- a. each shareholder holding 5% or more of the common stock of the company
- b. each lender
- c. each holder of evidence of indebtedness
- d. each underwriter
- e. each close associate
- f. each executive
- g. each agent
- h. each employee
(b) If the applicant is a limited liability corporation:
- 1. Each Member
- 2. Each transferee of a Member's interest
- 3. Each Director
- 4. Each Manager
5. In the judgment of the commission in accordance with M.G.L. c. 23K:
- a. each lender
- b. each holder of evidence of indebtedness
- c. each underwriter
- d. each close associate
- e. each executive
- f. each agent
(c) If the applicant is a limited partnership:
- 1. Each General Partner
- 2. Each Limited Partner
3. In the judgment of the commission in accordance with this M.G.L. c. 23K:
- a. each lender
- b. each holder of evidence of indebtedness
- c. each underwriter
- d. each close associate
- e. each executive
- f. each agent
(d) If the applicant is a partnership:
- 1. Each Partner
2. In the judgment of the commission in accordance with this M.G.L. c. 23K:
- a. each lender
- b. each holder of evidence of indebtedness
- c. each underwriter
- d. each close associate
- e. each executive
- f. each agent
- e. In all cases, any person who, in the opinion of the commission, can exercise control or provide direction to a gaming licensee or applicant for a gaming license or holding, intermediary or subsidiary companies thereof.
- (2) Other Qualifiers. The commission may, at its sole discretion, require other persons or companies that have a business association of any kind with the applicant or gaming licensee to undergo a Phase 1 or new qualifier review and determination process under 205 CMR 115.00: Phase 1 and New Qualifier Suitability Determination, Standards and Procedures. These affiliated companies or persons include, but are not limited to, holding, intermediary or subsidiary companies of the applicant.