Introduction

The donations which are made by the foreign entities residing outside the territories of India such donations are regulated by the FCRA. The concept emerged in 1976 and has undergone various amendments. In 2015 the Ministry of Home Affairs issued certain guidelines stating to submit an undertaking that the funding from the foreign entities will not affect the national security & integrity of India, further the NGO must have a Current account in the nationalized or private banks of India providing real-time access to the concerned authority.

Objective of FCRA

  1. Regulating the foreign funding from the foreign entities
  2. Prohibiting foreign funds or hospitality in lieu of threatening the national interest of India.

Eligibility Criteria for registration under FCRA

  1. Normal Eligibility-
  1. Prior Registration - Such registration is done by the newly established or organizations which are ought to be established & the said organization desires to acquire funds from foreign, the MHA approval is necessary
  • The Applicant shall be registered under the Societies registration Act, 1860, Indian Trust Act, 1882 or Section 8 of the Companies Act 2013 which merely focuses upon the social welfare rather than profit enhancement.
  • Submission of Commitment letter to the MHA defining - Amount of Contribution Provided, Purpose of such contribution.

 

Benefits of FCRA Registration

  • Encouraging the contribution towards the social welfare and development of the society
  • Legally receiving the contributions from the foreign entities
  • NGO, trusts or foundations registered under FCRA can receive donations from Foreign bodies

Documents required for FCRA Registration:

  • Self-attested copy of incorporation certificate, trust deed, or any other certificate hold by such entity
  • Particulars of Non-Profit Organization along with the PAN.
  • Copy of MOA & AOA of institutions,
  • Impression of the Chief Judiciary (It shall be in JPG From)
  • A detailed report on activities of the preceding 3 years.
  • Audited copy of financial statement, P&L account, Income-Expenditure details, and cash flow statement of the preceding 3 years.
  • Certified true copies of the resolution passed by a governing body authorized by a Non- profit organization.
  • Certificate obtained under section 12AB of Income Tax Act.

Procedure for FCRA Registration:

  1. Visit the FCRA e-portal
  2. Click on Forms - Select Form FC-3A for Normal FCRA registration, Select Form FC-3B for prior permission.
  3. Sign up by creating ID and password
  4. Login to the Portal
  5. Fill up the necessary details along with the required documents
  6. Current Bank Account Details
  7. Payment of fees

FCRA registration validity & renewal process

The validity period of FCRA registration is 5 years, for renewal of the said registration, Application should be made prior 6 months from the date of expiry

FCRA Amendment Rules 2020

  • One of the significant amendments is revised conditions for FCRA registration. As per new conditions for FCRA Registration, the institution seeking FCRA registration should be in existence for three years and must have spent a minimum amount of rupees fifteen lakh on its core activities for the benefit of society during the last three financial years.
  • Also, criteria have been prescribed for a person seeking prior permission for receipt of a specific amount from a specific donor for carrying out specific activities or projects.
  • It has been provided that if application for renewal of FCRA registration is not received or not accompanied by requisite fee before the expiry of the validity of the certificate of registration, the validity of the certificate of registration shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of certificate of registration. In such cases the amount of foreign contribution lying unutilized in the FCRA Account shall vest with the prescribed authority.
  • The Ministry of Home Affairs has extended the date of validity of the registration certificates issued under the Foreign Contribution (Regulation) Act (FCRA), 2010 expiring between September 29, 2020 and May 31, 2021, till May 31 this year.
  • MHA in its latest notification said that it is mandated to administer the FCRA and the Section 12(6) of the Act provides that the certificate granted shall be valid for a period of five years from the date of its issue."
  • FCRA registration of NGO is compulsory if the organization is getting funding from foreign source. Strict punishment including cancellation can be done if NGOs are found guilty of violating norms.

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