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FCRA Registration
If you are an NGO – Trust / Co-Operative Society / Section 8 Company and receiving contribution or donation from foreign resources, FCRA Registration is mandatory to legalize receipt of foreign funds. Our Experts will shall help you to check the eligibility and to get FCRA Registration.
Overview of FCRA Registration
FCRA stand for Foreign Contribution (Regulation) Act. Foreign Contribution (Regulation) Act, 2010 was enacted to regulate the foreign contribution or foreign hospitality received by any individual, association or company. All the Charitable trust, societies and Section 8 Company that receives foreign contribution or donation from foreign resources shall apply for FCRA Registration.
Charitable Trusts, Societies, Section 8 Company that receive foreign contribution from foreign sources are required to obtain registration under Foreign Contribution Regulation Act, 2010. All charitable organizations receiving foreign contributions or donations fall under this Act.
Types of FCRA Registration
1) FCRA Registration:
In order to be eligible to apply for FCRA registration following requirements must be fulfilled:
The applicant should be registered under Societies Registration Act, 1860 or the Indian Trusts Act, 1882 or under Section 8 of the Companies Act, 2013;
It should be operating for a minimum period of 3 years.
The Applicant must have spent minimum 10 Lakh rupees in the last 3 years for its main objects and not include any kind of administrative expenditure.
The applicant is also required to submit last 3 years Audited financial statements.
2) Prior Permission
If a newly registered organization is willing to receive foreign contribution then it can apply for prior permission. Prior permission is granted for receipt of a specific amount from a specific donor for carrying out specific activities.
Following requirements are to be fulfilled in order to apply for prior permission:
Details of foreign owner is also specified at the time of making application.
The funding must be used for specific purpose.
Amount of foreign contribution is also defined in the application.
Benefits of FCRA Registration
- Any Societies or NGO registered under FCRA would be reputed in the society.
- Entities that are registered with FCRA would be compliant with all relevant regulations.
- An applicant can get full government support through this form of registration.
- FCRA registration provide support and investment from registered foreign entities.
Eligibility Criteria for FCRA Registration
- The applicant must be a non-profit organization registered and operating under Indian Trusts Act, 1882 as registered Trusts or Societies Registration Act, 1860 as registered Society or Companies Act, 2013 as a Section 8 Company etc.
- The applicant must have charitable objective related to promotion of health, education, art, cultural, religious, sports etc.
- The organization not have been prohibited under Foreign Contribution (Regulation) Act, 2010.
- FCRA Registration is granted after proper assessment of application.
Entities are not eligible for FCRA Registration
- Entities which are Fictitious or Benami
- Involved in indulging Activities
- prosecuted or convicted Applicants
- Entity found guilty and mis-utilized its fund
- likely to use the foreign contribution for undesirable purposes;
- goes against the sovereignty or integrity of India and public interest
- Applicant prohibited from accepting foreign contribution;
Process of FCRA Registration
For registration, we need to make online application on Form FC-3. Copies of all the relevant documents and information are required to be uploaded at the time of filling this form.
Following Documents are required for FCRA Registration
- Self-certified copy of registration certificate/Trust deed etc. of association,
- Copy of PAN of the Association.
- Self-certified copy of relevant pages of MOA/AOA/Deed reflecting the main objects of the association.
- Jpg file of signature.
- Activity Report of last three years.
- Copies of audited Assets and Liabilities, Receipt and Payment, Income and Expenditure statement etc. of last 3 years reflecting the expenditures incurred on objects of association and not on administrative expenditure.
- Detail about the current and past management of the association.
- Annual report of the NGO of past 3 years.
- A true copy of the resolution passed by the association
For Prior Permission
- Self-certified copy of registration certificate/Trust deed etc., of the association.
- Copy of PAN of the Association.
- Self-certified copy of relevant pages of MOA/AOA/Deed reflecting the main objects of the association.
- Jpg file of signature.
- Duly signed approval/commitment letter from the foreign contributor.
- Copies of audited Assets and Liabilities, Receipt and Payment, Income and Expenditure statement etc. of last 3 years reflecting the expenditures incurred on objects of association and not on administrative expenditure.
- Detail about the current and past management of the association.
- A true copy of the resolution passed by the association.
Validity of FCRA Registration
For FCRA registration
In this case, the registration is valid for a period of 5 years from the date of approval. Thereafter application for renewal of registration may be made before 6 months from the expiry of their existing registration.
For Prior Permission
In this case, registration is valid for a period of 5 years from the date of approval or till the date, the foreign contribution is fully utilized for which the prior permission was granted.
Renewal of FCRA Registration
FCRA registration has a validity of 5 years, the non-profit organizations are required to file a renewal application for the same. Thus the registered entity is required to renew application at least 6 months before the registration lapses.
However, if the registered entity is working on ongoing multi-year projects then this renewal application is required to be filed at least 12 months before the FCRA registration Expired.
Cancellation of FCRA Registration
In following such reasons Authorities can cancel the registration
- If NGO has not submitted required compliances under Foreign Contribution (Regulation) Act, 2010 or any other law.
- If there is any allegation or complaint made against the organization stating wrong doings in the operation of the organization and it proves correct.
- The foreign contribution received by the NGO is utilized for the purposed which are not mentioned in the FCRA Registration application.
Exemption from registration/prior permission
- Donation or contribution by Non-Resident Indian
Contributions made by a citizen of India living in another country (Non-Resident Indian), from his personal savings, through the normal banking channels are not treated as foreign contribution. - Foreign remittances from relative
Foreign remittances from relatives are not treated as foreign contribution. However, any person receiving foreign contribution in excess of Rs. 1 lakh or equivalent thereto in a financial year from any of his relatives shall inform the Central Government in Form FC-1 within 30 days from the date of receipt of such contribution. - Government Department
All bodies constituted or established by or under a Central Act or a State act requiring to have their accounts compulsorily audited by Comptroller & Auditor General of India are exempted from the operations of all the provisions of FCRA, 2010.
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