sec.32Mortgage and assignment of casino licence etc.

### sec.32 Mortgage and assignment of casino licence etc. A casino licensee shall not mortgage, charge or otherwise encumber— the casino licence; or the hotel-casino complex to which the casino licence relates; or the rights and benefits under the agreement in question as referred to in section 19 ; save with the prior consent of the Minister so to do to a person approved by the Minister ( the mortgagee ). Where the mortgagee wishes to enforce the mortgagee’s security under the mortgage, charge or other encumbrance pursuant to the mortgagee’s rights thereunder— the casino licence and the rights, benefits and obligations under the relevant agreement shall be assigned only to a person approved by the Governor in Council; and any receiver and manager appointed shall be a person approved by the Governor in Council; having regard to the provisions of subsection (5) . For the purpose of giving effect to the provisions of subsection (5) , the name of a proposed receiver and manager may be submitted to the Minister at any time. As a condition precedent to the approval by the Governor in Council referred to in subsection (2) (a) , the Governor in Council may require that a further agreement in writing be entered into between— the Minister for and on behalf of the State and the proposed assignee; or the Minister for and on behalf of the State and some other person whom the Governor in Council considers to be the appropriate person to be a party to the agreement with a view to the assignment of the casino licence to the proposed assignee; containing such terms and conditions with respect to the assignment and the proposed assignee as the Governor in Council thinks fit. Any such further agreement shall have no force or effect unless and until it is ratified by Parliament. Prior to any approval by the Governor in Council pursuant to subsection (2) , the Minister shall cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or shall require the proposed person and all persons whether natural persons or not associated or connected or to be associated or connected, in the opinion of the Minister, with the ownership, administration or management of the operations or business of the proposed person to satisfy the Governor in Council that such proposed person and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to the matters appropriate to them respectively that are set out in section 20 (1) (a) to (g) , subject to such adaptations of those paragraphs as are necessary for the purpose of their application to such proposed person and other persons as aforesaid, and having regard to such other matters with respect to which the Governor in Council determines the Governor in Council should be satisfied in the particular case. A reference in subsection (5) to a proposed person is a reference to a proposed assignee or a proposed receiver and manager, as the case requires. Upon a casino licence being assigned, the assignee is the casino licensee in respect of the casino licence in question, and the Minister shall cause the licence to be amended to show the name of the assignee, the date of the assignment and such other particulars as may be prescribed, and the licence shall be made available to the Minister for the purpose of amendment accordingly. A decision by the Governor in Council to approve or not to approve of a person pursuant to subsection (2) is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever. s 32 amd 2002 No. 43 s 112 sch 2 (sec.32-ssec.1) A casino licensee shall not mortgage, charge or otherwise encumber— the casino licence; or the hotel-casino complex to which the casino licence relates; or the rights and benefits under the agreement in question as referred to in section 19 ; save with the prior consent of the Minister so to do to a person approved by the Minister ( the mortgagee ). (sec.32-ssec.2) Where the mortgagee wishes to enforce the mortgagee’s security under the mortgage, charge or other encumbrance pursuant to the mortgagee’s rights thereunder— the casino licence and the rights, benefits and obligations under the relevant agreement shall be assigned only to a person approved by the Governor in Council; and any receiver and manager appointed shall be a person approved by the Governor in Council; having regard to the provisions of subsection (5) . (sec.32-ssec.2A) For the purpose of giving effect to the provisions of subsection (5) , the name of a proposed receiver and manager may be submitted to the Minister at any time. (sec.32-ssec.3) As a condition precedent to the approval by the Governor in Council referred to in subsection (2) (a) , the Governor in Council may require that a further agreement in writing be entered into between— the Minister for and on behalf of the State and the proposed assignee; or the Minister for and on behalf of the State and some other person whom the Governor in Council considers to be the appropriate person to be a party to the agreement with a view to the assignment of the casino licence to the proposed assignee; containing such terms and conditions with respect to the assignment and the proposed assignee as the Governor in Council thinks fit. (sec.32-ssec.4) Any such further agreement shall have no force or effect unless and until it is ratified by Parliament. (sec.32-ssec.5) Prior to any approval by the Governor in Council pursuant to subsection (2) , the Minister shall cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or shall require the proposed person and all persons whether natural persons or not associated or connected or to be associated or connected, in the opinion of the Minister, with the ownership, administration or management of the operations or business of the proposed person to satisfy the Governor in Council that such proposed person and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to the matters appropriate to them respectively that are set out in section 20 (1) (a) to (g) , subject to such adaptations of those paragraphs as are necessary for the purpose of their application to such proposed person and other persons as aforesaid, and having regard to such other matters with respect to which the Governor in Council determines the Governor in Council should be satisfied in the particular case. (sec.32-ssec.5A) A reference in subsection (5) to a proposed person is a reference to a proposed assignee or a proposed receiver and manager, as the case requires. (sec.32-ssec.6) Upon a casino licence being assigned, the assignee is the casino licensee in respect of the casino licence in question, and the Minister shall cause the licence to be amended to show the name of the assignee, the date of the assignment and such other particulars as may be prescribed, and the licence shall be made available to the Minister for the purpose of amendment accordingly. (sec.32-ssec.7) A decision by the Governor in Council to approve or not to approve of a person pursuant to subsection (2) is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever. - (a) the casino licence; or - (b) the hotel-casino complex to which the casino licence relates; or - (c) the rights and benefits under the agreement in question as referred to in section 19 ; - (a) the casino licence and the rights, benefits and obligations under the relevant agreement shall be assigned only to a person approved by the Governor in Council; and - (b) any receiver and manager appointed shall be a person approved by the Governor in Council; - (a) the Minister for and on behalf of the State and the proposed assignee; or - (b) the Minister for and on behalf of the State and some other person whom the Governor in Council considers to be the appropriate person to be a party to the agreement with a view to the assignment of the casino licence to the proposed assignee;