Short answer
Choose Romania Class 2 if you supply, or plan to supply, Romanian Class 1 operators: Romania recognizes no foreign license, so it is required whatever else you hold. It is an EU-regulated credential in about 2–3 months, at fixed fees of €45,500 in year one and €35,000 a year after, with no guarantee and, for an EU/EEA/Swiss company, a representative in Romania instead of local staff. Choose Malta if your clients are MGA licensees and you can carry €40,000 of share capital and approved key functions; if you already hold a Romanian Class 2, an MGA Recognition Notice at €5,000 a year may be enough.
Side by side
| Malta | Romania Class 2 | |
|---|---|---|
| Regulator | Malta Gaming Authority (MGA) | Oficiul Național pentru Jocuri de Noroc (ONJN) |
| Legal basis | Gaming Act, Cap. 583; S.L. 583.03 (fees), S.L. 583.05 (authorizations); Directive 3 of 2018 (key functions, art. 27 critical supply); Capital Requirements Policy (May 2025) | OUG 77/2009 as amended: fee Annex (pt. 1.J) restated by OUG 82/2023; Law 141/2025, in force 28 July 2025; Law 239/2025; HG 111/2016 |
| Government cost, year 1 | €5,000 application + first annual fee of €25,000 (revenue up to €5m), €30,000 (€5–10m) or €35,000 (over €10m); €10,000 for Type 4 supply only; back-office tier €3,000 / €5,000 | €10,500 one-off license issuance fee (taxa de eliberare a licenței) + €20,000 annual license fee + €15,000 responsible-gambling contribution = €45,500 |
| Government cost, year 2+ | €25,000 / €30,000 / €35,000 a year by revenue; no compliance contribution for B2B | €35,000 a year (€20,000 license fee + €15,000 contribution); each further activity category adds €20,000 a year |
| GGR or gaming tax | No compliance contribution for B2B; gaming tax applies to gaming services to players in Malta (S.L. 583.10), not to B2B supply. Corporate tax 35% headline, with the imputation and refund system | No GGR tax and no file-analysis fee (that applies to Class 1); a Romanian company pays 16% corporate income tax (Fiscal Code) |
| Guarantee or capital | Paid-up share capital of €40,000 and positive equity for the life of the license (Capital Requirements Policy); no guarantee requirement in the MGA fee and capital rules | No financial guarantee (guarantees apply to Class 1 only); a Romanian SRL can be formed with RON 500 of capital |
| Time to license | No overall MGA timeline; in our practice the review takes 4–6 months on a complete file, then 60 days to implement in a staged environment with the system audit. 10-year term | About 2–3 months on a clean file; ONJN decides within 30 days of a complete file. 10-year term |
| Local substance required | EU/EEA company (S.L. 583.05 reg. 10(1)), in practice usually Maltese; approved key functions: CEO, operations, compliance, legal, data protection where applicable, technology and internal audit (Directive 3/2018 art. 6(3)) | A Romanian company, or an EU/EEA/Swiss company with an authorized representative in Romania under power of attorney; no permanent establishment or local staff. Software, platform and payment licensees geolocate, block and report to ONJN monthly (Law 141/2025) |
| EU passporting or recognition | EU regulator, no passport. Recognizes other EU/EEA authorizations by Recognition Notice (€5,000 a year). An MGA license is not recognized in Romania | EU regulator, no passport. Romania recognizes no foreign license, so suppliers to Romanian Class 1 operators need their own Class 2. A Class 2 can support an MGA Recognition Notice |
| Banking and PSP acceptance | An MGA license can make it easier with financial institutions and partners that do not onboard offshore licensees; each institution still makes its own decision | An EU supervisory record that operators and acquirers recognize; bank and PSP onboarding remains each institution's own decision |
| Reputation with B2B partners | Critical supplies to MGA licensees need an MGA B2B license or a Recognition Notice (Directive 3/2018 art. 27(1)); MGA B2B licenses rose from 68 in 2018 to 171 in 2025 (Annual Report 2025) | 409 Class 2 license entries held by 353 companies on the ONJN register (28 October 2026) |
| Best for | Suppliers whose main clients are MGA licensees, or groups building a Maltese hub with staff on the island | Studios, platforms, aggregators, payment providers, test labs and affiliates serving Romanian Class 1 operators, or wanting a low-substance EU credential |
Year-one total
Malta
| Item | Year 1 | Year 2+ |
|---|---|---|
| Application fee (S.L. 583.03) | €5,000 | — |
| Annual fixed fee, critical gaming supply, revenue up to €5m | €25,000 | €25,000 |
| Compliance contribution | €0 | €0 |
| Independent system audit (MGA pre-approved auditor) | Auditor quote | On material change |
| Key-function holders, office, company set-up and administration | Not included | Not included |
| Total | €30,000 + third-party items | €25,000 + third-party items |
At revenue up to €5m; the annual fee is €30,000 at €5–10m and €35,000 above. Paid-up share capital of €40,000 stays in the company and is not a fee. An EU/EEA-licensed supplier can instead apply for a Recognition Notice at €5,000 a year.
Romania Class 2
| Item | Year 1 | Year 2+ |
|---|---|---|
| License issuance fee (taxa de eliberare a licenței), one-off | €10,500 | — |
| Annual license fee, one activity category (Annex pt. 1.J) | €20,000 | €20,000 |
| Responsible-gambling contribution (OUG 77/2009 art. 10) | €15,000 | €15,000 |
| GGR tax, financial guarantee, file-analysis fee | None | None |
| Total | €45,500 | €35,000 |
Statutory only, for one activity category; each further category adds €20,000 a year. Laboratory certification, translations, representation and ORDA registration are project costs, quoted per project.
Statutory and typical third-party costs only; plus professional fees, quoted on request.
Choose Malta if…
- Your operator clients are MGA licensees and you hold no EU/EEA license that the MGA could recognize
- You can carry €40,000 of paid-up share capital and approved key-function holders
- Your revenue keeps you in the €25,000 tier and the lower recurring government fee matters to you
- You want a Maltese hub with staff on the island, or plan an MGA B2C license in the same group later
- You do not need the Romanian market, or will add Romania Class 2 separately
Choose Romania Class 2 if…
- You supply, or plan to supply, Romanian Class 1 operators: Class 2 is required whatever other licenses you hold
- You want an EU-regulated credential in about 2–3 months
- You want fixed fees of €45,500 in year one and €35,000 a year after, with no GGR tax and no guarantee
- You are an EU/EEA/Swiss company that prefers a representative in Romania to local staff and share capital
- You also want to reach MGA licensees, through a Recognition Notice at €5,000 a year rather than a full MGA license
MGA recognition of a Romanian Class 2, and why it does not work the other way
Romania first, then Malta by recognition. The MGA issues a Recognition Notice to a person offering gaming services or critical gaming supplies in or from Malta under an authorization from another EU or EEA member state (S.L. 583.05 reg. 22). A critical gaming supply may be provided by a holder of an MGA B2B license or of a Recognition Notice (Directive 3/2018 art. 27(1)). The MGA has granted recognition of Romanian Class 2 B2B licenses; we have obtained it for clients. The fee is €5,000 a year, paid in advance; the MGA confirms that the services are equivalent and reviews the notice annually. The file includes a certified copy of the license with an English translation, a letter of good standing from ONJN, the list of directors, a signed entity declaration and a legal opinion on scope and equivalence.
Malta first does not work for Romania. OUG 77/2009, as amended by OUG 82/2023, contains no provision recognizing gambling licenses issued in other EU or EEA states. Every supplier to a Romanian Class 1 operator, wherever it is incorporated, needs its own Class 2 license for each activity category it provides. An MGA B2B licensee that wants Romanian clients applies to ONJN like any other supplier.
Holding both. Both regimes accept an EU/EEA company, so one company can hold both licenses: a Maltese company can hold Romania Class 2 through a representative in Romania, and a Romanian company can hold an MGA license. Each license keeps its own duties: the MGA's key functions, annual fee and audits, and ONJN's annual fees, change notifications and, for software, platform and payment licensees, the monthly blocking report required since Law 141/2025.
Beyond Malta. Romanian-licensed suppliers have also obtained Anjouan B2B recognition certificates. Neither license gives access to other regulated EU markets: there is no EU gambling passport.
Reviewed by Alex Szilaghi
Founder of Szilaghi Consulting, licensing gambling businesses since 2004 across EU, UK, Canadian and offshore jurisdictions, based in Romania and working before ONJN on Class 1 and Class 2 files. We act as Romanian representative and local director for foreign ONJN licensees and file their monthly regulatory reports, so these guides reflect how the rules are applied in practice, not only how they read. Szilaghi Consulting’s in-house lawyers are Romanian avocați practicing under Law 51/1995.
Last legal review . Current to both regimes as of the review date. General information, not legal advice.
Questions
Is a Romanian Class 2 license cheaper than an MGA B2B license?
Not in government fees at lower revenue. An MGA critical-supply license costs €5,000 to apply plus €25,000 a year up to €5m of revenue (€30,000 in year one); Romania Class 2 costs €45,500 in year one and €35,000 a year after. Malta also requires €40,000 of paid-up share capital and approved key-function holders, while an EU/EEA/Swiss company can hold Romania Class 2 through a representative, with no guarantee or GGR tax.
Can the MGA recognize a Romanian Class 2 license?
Yes. A Romanian Class 2 license is an EU authorization, and the MGA has granted Recognition Notices on that basis; we have obtained them for clients. The notice costs €5,000 a year, lets you supply MGA licensees, and is subject to the MGA confirming equivalence (S.L. 583.05 reg. 22; Directive 3/2018 art. 27(1)).
Can I supply Romanian operators with a Malta B2B license?
No. Romania recognizes no foreign gambling license. Every supplier to a Romanian Class 1 operator needs its own ONJN Class 2 license for each activity category it provides.
How long does each license take?
Romania Class 2 takes about 2–3 months on a clean file, and ONJN decides within 30 days of a complete file. The MGA publishes no overall timeline; in our practice the review takes 4–6 months, followed by a 60-day staged implementation with the system audit. Both licenses run for 10 years.
Do I need a company or staff in Malta or Romania?
Malta: an EU/EEA company, in practice usually Maltese, with approved key-function holders. Romania: a Romanian company, or an EU/EEA/Swiss company that appoints an authorized representative in Romania; no permanent establishment or local staff is required for Class 2.
Do B2B suppliers pay GGR tax in Malta or Romania?
No. Malta charges B2B licensees a fixed annual fee and no compliance contribution; its gaming tax applies to gaming services to players in Malta. Romania Class 2 pays fixed fees only, with no GGR-based tax, no guarantee and no file-analysis fee.
Which B2B license should a game studio get first?
Follow your operator clients. If you supply or plan to supply Romanian Class 1 operators, start with Romania Class 2, which can then support an MGA Recognition Notice. If your clients are MGA licensees and Romania is not a target, an MGA critical-supply license may be the better base.
Sources
Primary sources only, checked on 10 November 2026: MGA guidance, directives and policies, Maltese legislation, the Romanian Official Gazette and Legislative Portal, ONJN and the European Commission. The consolidated text of OUG 77/2009 on the Legislative Portal is informative, not official. "In our practice" marks our own experience, not a published rule.
- Malta Gaming Authority
- Gaming Act, Cap. 583 — legislation.mt
- MGA — B2B Critical Gaming Supply License
- MGA — Recognition Notices
- MGA — Guidance Note: Licence Fees and Taxation
- MGA — Capital Requirements Policy (May 2025)
- MGA — Directive 3 of 2018 (Gaming Authorisations and Compliance Directive)
- MGA — Guidance Note: Application Process
- MGA — Annual Report 2025
- OUG 77/2009 — consolidated, Romanian Legislative Portal
- OUG 82/2023 — Monitorul Oficial Part I no. 905/2023
- Law 141/2025 — Monitorul Oficial Part I no. 699/2025
- Law 239/2025 — Monitorul Oficial Part I no. 1160/2025
- HG 111/2016 — methodological norms
- ONJN — Class 2 licensees register
- ONJN — license and authorization forms
- European Commission — Online gambling in the EU
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