FCRA Registration Process, Documentation, Eligibility
Table of Contents
Online FCRA Registration Process, Documentation, Eligibility
BRIEF INTRODCUTION
NGO is a non-governmental organization which is a non-profit group perceived to be a body of individuals or an association of persons. Such entity serves as the community or society, for overcoming the social or political aspect or problem. They operate outside the government control and is generally run by volunteers and enthusiastic individuals.
The NGOs are not allowed or restricted from taking foreign contribution directly. To receive such amount, they need to get registered under the Foreign Contribution Regulation Act 1976, commonly known as the FCRA.
There are generally two types of contribution which are received from the foreign source, namely – one time contribution and more than once and even regular contribution. For a single time, contribution, the NGOs can receive the amount of contribution by seeking prior permission of the FCRA Section of the Ministry of Home Affairs, however for continuous receiving of contributions, the entity is required to take permanent registration from the said Ministry.
FOREIGN CONTROBUTION REGULATION ACT
FCRA is an act passed by the government of India, for the management of the receipt of foreign contributions or donations made from outside India to Indian territories. The most important factor to consider in such a contribution is that they shall not affect political or other circumstances in India. Coming on to the routine compliance, it is restricted to filing of annual return every year. The Foreign Contribution Regulation Act (FCRA), 2010, commenced from May1, 2011 to monitor, control and regulate international contribution that were being received by the persons residing in India. As per the provisions of FCRA Act, any registered trust, society, agency, organization, or NGOs, who want to receive foreign contribution or donation or grant, must obtain or receive a FCRA Registration Certificate granted by the Government of India to receive such donations.
The main objective for the implementation of FCRA, was to provide licensing to registered NGOs so that they can accept foreign donations and, also to ensure that such donations are used only for the objects for which the respective NGO was established. Its prime objective was of regulating the acceptance and utilization of foreign contribution and foreign hospitality by persons and associations working in the important sectors in India. The focus is to ensure that the foreign contribution and hospitality does not affect or influence electoral politics, public servants, judges and other people working the important areas, like journalists, printers and publishers of newspapers, etc. It also seeks to regulate flow of foreign funds to voluntary organizations with objective of preventing any possible diversion of such funds towards activities detrimental towards the public interest and to ensure the recipient of such contribution shall function in a consistent manner with the values of sovereign democratic republic.
For a single time contribution, the NGOs can receive the amount of contribution by seeking prior permission of the FCRA Section of the Ministry of Home Affairs, whereas in case of multiple and regular contributions it is advisable to seek permanent registration from the said Ministry. However, for permanent registration, there is a need to submit audited statements. The registration is granted only when the proper track record of functioning of the entity during the last three years have been proven. After getting registration, these organizations are free to receive foreign contribution from any foreign source for stated objectives. However, for a newly established organizations, it is difficult to proven track record of functioning, thus, they can apply for prior permission to receive the contribution for a specific activity, or purpose or from a specific source.
Administration relating to India and outdoors subsidizing companies ensures a considerable measure of funds for the well-being of the underprivileged area. Another important aspect of Foreign Funding is that, the entity is required to utilize at least 10 lakhs rupees during the last three years, before accepting foreign contribution and the same be spent on social activities, to get authentication under the Foreign Contribution Regulation Act. Apart from this, the registration is required to be renewed after every five years.
Foreign funding have become the integral part of Indian social order of NGO section. NGOs are regarded to get funds and contributions from various other nations, shall first comply with FCRA in India. They can take up either the long-term registration or prior consent for a specific contribution from the Ministry of House Affairs.
The Ministry then notify the acceptance to local intelligence people for verification of the credentials and records of the organisation. On their positive remarks, the FCRA Section of the Ministry issues the Certificate of Registration to the applicant organisation and acknowledge them about the same in prescribed form.
It is essential for an NGO to receive foreign contribution only in one designated bank account which they are required to open with AD banks regulated by RBI. Thus, the applicant needs to open a fresh bank account and the same be used for operations of the business. The Ministry shall be in direct communication with the said bank for monitoring the use of the foreign contribution and report back to the Ministry in case of any discrepancy. Once the registration is granted under FCRA, the entity shall have to maintain separate accounts for transactions involving foreign contribution and submit a return in the prescribed format to the Ministry along with the statement of accounts, duly audited by an accountant, of the previous year by 31 July every year.
The organisations registered under the FCRA is under an obligation to inform the Ministry about any change in name of the organisation, its Registered Office and aims and objects within 30 days of the applicable change. Similarly, there is need to obtain prior permission from the said the Ministry for any such change in the designated bank or replacement of more than half members of the governing body who were present at the time of its registration under the FCRA. The management is required to comply with the provisions of FCRA for uninterrupted operations. In case of violations, they may have to deal with a number of extensive punishments under the Act.
ELIGIBLITY REGISTRATION UNDER FCRA,
Any of the business entity requiring registration under FCRA, shall not fall into any of the below prescribed category –
- The entity or any of its members are fictional or Benami in nature.
- The applicant has been arrested or tried for undertaking any unfair action.
- The applicant has been convicted or charged with the offence of communal unrest in any area of a given district or anywhere in the world.
- The entity is involved in any unlawful or activities against public policy.
- The entity has used the foreign donations for personal use instead of using for its objects.
- The entity is debarred from receiving any foreign fund or any amount from outside India.
- The entity is working against the India’s sovereignty.
- The objects of the entity are against the public interest.
- The entity is receiving donations from a country with which India is not having Most Favoured Nation status.
- The entity is a profit-making entity.
- The entity or any person from the management has been found guilty for diversion or mis-utilisation of the funds raised.
- The entity is engaged in working with sedition or advocate violent methods for achieving their objectives.
- The entity is accepting the foreign contribution which is likely to affect the –
- sovereignty and integrity of India.
- Any of the security, strategic, scientific or economic interest of any State.
- Public interest and law and order.
- 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 entity is in receipt of any foreign contribution to threaten the life or welfare of any person or result in any crime.
DOCUMENTATION FOR FCRA REGISTRATION
The following documents are required for registration –
- Form FC-8 duly to be properly filled and provided in the triplicate form.
- Duly Audited statement of accounts of the entity for the last 3 years.
- Annual Report providing the details pertaining to the activities performed by the entity during the last 5 years.
- Detail of the respective beneficiaries, along with their socio-economic factors of the region in which they resides and provide their service.
- List and geographical detail of each and every state, and districts in which the NGO is working and providing their service.
- Certified copy of the Registration Certificate.
- Certified copy of the Bye-laws that can in the form of Memorandum of Association and Article of Association of the NGO.
- Certified copies of registration issued u/s. 80G and 12A for claiming exemptions under the Income Tax Act.
- Copy of any prior permission, received by the entity from FCRA authority.
- Copy of resolution by the Governing Body of the organisation which authorises the NGO for the registration under FCRA
- Copy of Power of Attorney authorizing the Chief Functionary to represent their entity.
- List of present members of the Governing Body of the organisation and the office bearers who are holding the office at the time of FCRA registration.
- If the association is having any parent or subsidiary organisation, which is registered under the FCRA, then the registration number of such organisation along with Ministry of Home Affairs file number should be mentioned
- If any application has been submitted before by the association, then its reference number should be mentioned.
- Details of any foreign contribution, received with or without any prior approval of the Central Government.
TYPES OF REGISTRATION AND ITS PREREQUISITES
There are generally two types of pf FCRA registration granted in India, namely – Prior Permission and Proper Registration. Each of the above type requires some prerequisites such as –
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PRIOR PERMISSION REGISTRATION
- The entity applying for registration must be a newly established entity and must have been operational for at least 1 year.
- The amount of money raised be utilized for the specified objects only.
- At the time of registration, complete details in the form of name and address of the foreign donor be provided.
- The entity must not accept any amount of foreign donation before obtaining such registration.
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PROPER REGISTRATION
- The entity must be registered and taken the prior permission registration.
- The entity must be continuously working for the objects prescribed in bye laws, for at least 5 years.
- The entity, during the last 3 years, have spent at least Rs. 10 lakhs on its objects.
- The entity is required to submit the audited annual statement of accounts and return for the last 3 previous years, along with their registered PAN card.
GOVERNING ACTS
For an entity to obtain registration under the FCRA, they need to be registered under any of the following Acts, namely –
- Any society being registered under the Societies Registration Act, 1860.
- A trust being incorporated and registered under the Indian Trusts Act 1882.
- Any NGO registered under the Charitable and religious Trusts Act 1920.
- A corporate entity incorporated as per the provisions of Companies Act 2013
TIMELINE FOR FCRA REGISTRATION
It is generally seen that the time taken for the registration is approximately 4 months but it depends upon the type of entity and its branches. If an entity is having branches, it takes comparatively more time, as within 1 month from the filing of online application for FCRA registration, the policeman of Knowledge Bureau, Department of Ministry of Home Affairs visits the places where the entity is operating, to confirm the proper working. It involves generally 3 stages –
- Online filing of application by the entity on the website of Ministry of Home Affairs.
- After that, within 1 month from filing, the IB Team will enquire to report on the working of the business.
- Final report in hard Copy is submitted to the Ministry, for approval or rejection of registration.
BENEFITS OF FCRA REGISTRATION
FCRA registration’s main advantage is that any non-profit organization, section 8 corporation, trust, or community, can take foreign donations and grant within India. As a result, they get the freedom to directly take donations from some renowned organizations namely –
-
- British High Commission
- New Zealand High Commission
- Canadian High Commission
- European Commission
- Japanese Embassy
- Infinity Foundation
- BORDA
- Oxfam
- SWISSAID
- GIFRID
- AUSAID
- UNESCO
- 12A Registration gives the benefit that the income of the society shall not be taxable. This is one time registration.
- 80G Registration means Donor can claim exemption. This is periodic registration.
- Benefits in taking grants from Govt./Abroad/ other Agencies without any taxability.
- Benefit as to freely accepting foreign donations without any taxability and compliance.
CANCELLATION OF FCRA CERTIFICATE
The certificate under FCRA is granted after the complete verification of the details of the entity and its legality and qualification. Even after granting the FCRA registration, the department can cancel the registration of the entity if –
- The entity has violated any provision of the Foreign Contribution (Regulation) Act, 2010.
- The entity fails to file their annual return by the deadline mentioned under the act.
- The entity is indulging in any activity of wrongdoing and such activity is validated by the officials.
- The entity is not utilizing the contributions obtained to achieve its objects specified at the time of FCRA registration.
KEY POINTS
- The NGO applying for FCRA registration should be working and operational for at least 3 years.
- Such entity should not have any parent Society, already registered under FCRA.
- The majority of the members of the board, shall not constitute the board of another Society, already registered under FCRA.
- The parent company, if any, of the applicant shall not be situated outside India.
- Also, the board of directors shall not include any f
It is to be noted, that registration without complying with the above key points is likely to be useless.
BANK ACCOUNT RELEVENCE FOR FCRA REGISTRATION
It is essential for an NGO to receive foreign contribution only in one designated bank account which they are required to open with AD banks regulated by RBI. Thus, the applicant needs to open a fresh bank account and the same be used for operations of the business. The Ministry shall be in direct communication with the said bank for monitoring the use of the foreign contribution and report back to the Ministry in case of any discrepancy.
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