FCRA Registration

What is FCRA?

FCRA(Foreign Contribution Regulation Act) specifies the meaning of Foreign Contribution as “a donation, delivery or transfer of any article, currency or foreign security refer to in this clause by any person who has received it from any foreign source, either directly or through one or more persons, shall also be deemed to be forein contribution withing the meaning of this clasuse. ?

Provisions under section 6(1) and 6(1-A) are as under :

“Certain associations and persons receiving foreign contribution to give intimation to the Central Government : No association [other than an organisation referred to in sub-section (1) of section 5] having a definite cultural, economic, educational, religious or social programme shall accept foreign contribution unless such association

It is mandatory to get registered under FCRA in case of foreign funding.

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Application for FCRA Registration

An application for registration of an organisation for acceptance of foreign contribution shall be made electronically on-line in Form FC-3, and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the association together with the required documents:

i. Form FC-3 duly filled in triplicate.
ii. Audited statement of accounts of past three years.
iii. Annual Report specifying activities of past three years.
iv. If the association is a registered Trust or Society a certified copy of the registration certificate.
v. Copy of the Memorandum of Association and/or the Articles of Association as applicable.
vi. List of Main objects and definite programmes for which the contribution is to be accepted / utilised.
vii. Details of names and addresses of the members of the Executive Committee/Governing Council etc. of the Association.
viii. Copy of any prior permission granted to the organization.
ix. Copy of resolution of Governing Body of the organisation, authorizing the registration under FCRA.
x. Copy of Power of Attorney or the resolution of Governing Body by which the Chief Functionary is authorized to submit FC-3.
xi. List of present members of the Governing Body of the organisation and the office bearers.
xii. Copy of any Journal or other publication of the organization.
xiii. If the association is having any parent or sister or subsidiary organisation which is registered under the FCRA then the registration number along with Ministry of Home Affairs file number should be mentioned.
xiv. If the association has submitted any application earlier then its reference number should be mentioned.
xv. If the association has received any foreign contribution with or without the prior approval of the Central Government, then the detail should be given.
xvi. Details of Bank along through which the foreign contribution shall be received.
xvii. A recommendation certificate from any competent authority.
xviii. Copy of certificates of exemption or registration issued by the Income Tax Department u/s80G and 12A.

The hard copy of the on-line application shall reach the Central Government within thirty days of the submission of the on-line application, failing which the request of the organisation shall be deemed to have ceased.

Any organisation whose request has ceased may make a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application.

An organisation seeking registration shall be required to open an exclusive bank account to receive the foreign contribution.

The organisation may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and, in all such cases, intimation on plain paper shall be furnished to the Secretary, Ministry of Home Affairs New Delhi, within fifteen days of the opening of any account.

The fee shall be remitted by demand draft or banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.