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FCRA Registration

All the NGOs registered in India namely charitable trust, societies and Section 8 Companies that receives investments, contribution or donation from foreign resources shall apply for FCRA Registration Online in India.

The FCRA stands for Foreign Contribution Regulation Act. When any charitable institution wishes to receive funds or donations from foreign entity / resources, they shall register themselves under the Foreign Contribution Regulation Act, 2010.

Under Section 6 of Foreign Contribution Regulation Act, 2010, it is provided that any organization having a definite cultural / social / educational / religious / economic object shall accept foreign contribution  / donations only after getting FCRA Registration.

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Documents Required for FCRA Registration

             FCRA Registration (FC-3A)

    • Registration Certificate of Association.
    • Memorandum of Association/Trust Deed.
    • Activity Report for the Last 3 Years.
    • Audited Statement of accounts for the last three years.
    • NGO Darpan Certificate
    • PAN of trust/society/section 8 company
    • Affidavit of trustees/directors

           FCRA Prior Permission (FC-3B)

    • Registration Certificate of Association.
    • Memorandum of Association/Trust Deed.
    • Commitment Letter from the organization & agreement.
    • Project Report for which FC will be received.
    • NGO Darpan Certificate
    • PAN of trust/society/section 8 company
    • Affidavit of trustees/directors

                                   Types of FCRA Registration:

There are two types of FCRA Registration in India

Proper FCRA Registration (FCRA Registration in normal course):

  • For getting Proper FCRA Registration, the applicant must be registered and operating as an NGO for a minimum period of 5 years.
  • The Non Profit Organization must have spent minimum 10 Lakh rupees in the last 3 years for furtherance of its main objects (excludes administrative expenses).
  • The applicant is also required to submit the financial statements for last 3 years. Further, these financial statements must be audited by a qualified practicing Chartered Accountant.
  • If a newly registered Organization likes to get foreign contributions or Donations, then an approval Application to the Ministry of Home Affair for a specific purpose, specific activity, and from a specific source can be made via the Prior Permission (PP) method.
  • For FCRA Registration, Form FC-3A needs to be filed.

Validity for FCRA Registration in normal course:

  • The FCRA Registration in normal course is valid for a period of 5 years from the date of approval.
  • After the expiry of this period of 5 years, it is required to be renewed for receiving any further foreign contributions.

Prior Permissions Registration:

  • On the other hand, if a newly registered Non-Profit Organization is willing to receive any sort of foreign contribution then it can apply for Prior Permission Registration.
  • The Prior Permission Registration must be done for the funds that are to be used for a specific purpose only.
  • For FCRA Registration for Prior Permission, Form FC-3B needs to be filed.

Validity for Prior Permission FCRA Registration:

  • The Prior Permission FCRA Registration shall be valid for 5 years from the date of approval, or
  • Till the date when the foreign contribution is fully utilized for which the prior permission was granted, whichever is earlier.

Features of FCRA Registration

01.

An entity registered under the system of FCRA Registration would hold a good reputation in the society.

02.

FCRA Registration helps those organizations which work for the benefit and better of the public and are involved in the social work.

03.

The FCRA Registrations helps the organization to receive lawfully the foreign contribution and government aids.

04.

The applicant may get the benefit of having full government support as FCRA Registration is a Government Registration and is prescribed by the regulatory authority.

05.

An entity registered under FCRA can receive donations from Foreign bodies as well as continuous support and investment from entities.

06.

An entity registered under FCRA can receive donations from Foreign bodies.

Process & Timeline for FCRA Registration

Step 1

filing an online application

The process of FCRA Registration is quite straightforward. This registration is done through filing an online application on Form FC-3. Scanned copies of all the relevant documents and information are required to be uploaded at the time of filling this form.

Step 2

register under FCRA

However, there is a pre-requisite to this registration. To register under FCRA, the NGO must have a DARPAN ID. For this ID, it is required to register on DARPAN portal provided the NITI Ayog.

Step 3

expert help

However, this seems relatively easy. There is a long list of documents required to be attached with the application. Thus, it is recommended to take expert help of professionals in the process.

Step 4

approving the FCRA Registration application

The authority has been very strict in terms of approving the FCRA Registration application. The applications along with the attached documents are analyzed in great detail. In past large no of FCRA Registration / License have been canceled.

Frequently Asked Questions​

The prerequisite for registration under FCRA is that the applicant should be registered under an existing statute which includes:

1. Societies Registration Act, 1860 or

2. Indian Trusts Act, 1882 or

3. Section 8 of Companies Act, 2013), etc

When a Non Profit Organization be it in a form of Trust, Society or Section 8 company wishes to receive any kind of foreign contribution or donation, they are required to obtain FCRA Registration under Section 6 (1) of Foreign Contribution (Regulation) Act, 2010. Irrespective of the nature of the contribution i.e. either cash or kind, the registration is mandatory

FCRA is an internal security legislation and it is not regulated by Reserve Bank of India. It is regulated by the Ministry of Home Affairs, Government of India.

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Yes. A donation from an Indian who has acquired foreign citizenship is treated as a foreign contribution. This will also apply to PIO card holders and to Overseas Citizens of India. However, this will not apply to ‘Non-resident Indians’, who still hold Indian citizenship.

Yes. Reporting by Banks is also applicable to transfer of funds from one FCRA registered Association to another.

FEMA is a fiscal legislation coming under the Ministry of Finance, Government of India. It does not apply to foreign contribution received by an NGO in India.

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