Foreign Contribution Regulation Act


FCRA

Charitable Trusts, Societies, Section 8 Company that got foreign contribution or donation from foreign sources are needed to obtain registration under Section 6(1) of Foreign Contribution Regulation Act, 2010. Such a registration under the Foreign Contribution Regulation Act, 2010 is formed as an FCRA registration. Eligibility for obtaining FCRA Registration

Organizations looking foreign contributions for definite cultural, social, economic, educational or religious programmes may obtain FCRA registration or get foreign contribution through “prior permission” route. It is preferable for an FCRA applicant to be a Trust or Society or a Section 8 Company. The not-for-profit entity must have also been in existence for a minimum of 36 months while making the FCRA application and should not have received any foreign contribution prior to that without the Government’s approval. In addition to this, the entity seeking registration should have spent at least Rs.10,00,000/- over the last three years on its focuses and objects, excluding administrative expenditure. Statements of Income & Expenditure, duly audited by Chartered Accountant, for the last three years are to be deposited to substantiate that it meets the financial parameter.

In case a newly registered entity would like to get foreign contributions, then approval for a specific activity, specific reason and from a specific source can be made to the Ministry of Home Affairs through the Prior Permission (PP) method.

Criteria for grant of FCRA Registration

Once, an FCRA application is made in the prescribed data, the following criteria are check before giving registration.

The ‘person’ or ‘entity’ making an application for registration or grant of prior permission-

  • Is not fictitious or benami;
  • Has not been prosecuted or convicted for indulging in activities focused at conversion through inducement or force, either directly or indirectly, from one religious faith to another;
  • Has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other region of the country;
  • Has not been found guilty of diversion or is-utilization of its funds;
  • Is not engaged or likely to engage in the propagation of sedition or advocate violent methods to achieve its completion;
  • Is not likely to use the foreign contribution for personal gains or divert it for undesirable reasons;
  • Has not contravened any of the provisions of this Act;
  • Has not been prohibited from accepting foreign contribution;
  • The person is an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offense is pending against him.
  • The person is other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offense is pending against that person.

The acceptance of foreign contribution by the entity/person is not likely to affect prejudicially –

  • The sovereignty and integrity of India;
  • The security, the strategic, scientific or economic interest of the State;
  • The public interest;
  • Freedom or fairness of election to any Legislature;
  • Friendly relation with any foreign State;
  • Harmony between religious, racial, social, linguistic, regional groups, castes or communities.

The acceptance of foreign contribution-

  • Shall not lead to incitement of an offense;
  • Shall not endanger the life or physical safety of any person.

Applying for FCRA Registration

Application for FCRA registration can be made using Form FC-3. Along with the application, the following documents must be submitted:

  • Self-certified copy of registration certificate/Trust deed etc., of the association
  • Self-certified copy of relevant pages of Memorandum of Association/ Article of Association showing aim and objects of the association.
  • Activity Report indicating details of activities during the last three years;
  • Copies of the relevant audited statement of accounts for the past three years (Assets and Liabilities, Receipt and Payment, Income and Expenditure) clearly reflecting expenditure incurred on aims and objects of the association and on administrative expenditure;

Once FCRA registration is provided, it is valid for a period of five years. An application for renewal of FCRA registration can be made 6 months prior to the date of expiry, to keep the registration valid.

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