FCRA REGISTRATION PROCESS FOR NGO’S
The Foreign Contribution (Regulation) Act, or FCRA, is a law in India that regulates the acceptance and utilization of foreign contributions by individuals, associations, and organizations, including NGOs (Non-Governmental Organizations). The primary objective of the FCRA is to ensure that foreign contributions are used for legitimate purposes and do not adversely affect the national interest.
FCRA Registration Process for NGOs
To receive foreign contributions, an NGO must obtain prior permission or registration under the FCRA. Here’s a step-by-step guide to the FCRA registration process:
- Eligibility Criteria
- The NGO must be registered under the Societies Registration Act, 1860, the Indian Trusts Act, 1882, or the Companies Act, 2013 (Section 8).
- The NGO should have been in existence for at least three years and should have undertaken reasonable activity in its chosen field for the benefit of society.
- The NGO must not have been prohibited from receiving foreign contributions under the FCRA.
- Documents Required
The following documents are typically required for FCRA registration:
- Registration Certificate of the NGO (under the Societies Registration Act, Trust Act, or Companies Act).
- Memorandum of Association (MOA) and Rules & Regulations of the NGO.
- Details of Activities: A report on the activities undertaken by the NGO during the last three years.
- Audited Statements: Audited financial statements for the last three years.
- Bank Account Details: A specific bank account for receiving foreign contributions (must be opened in a designated bank).
- List of Governing Body Members: Names, addresses, and occupations of key members.
- Commitment Letter: A commitment letter from the NGO stating that the foreign contribution will be used only for the stated purposes.
- PAN Card of the NGO.
- FCRA Registration Form: Form FC-3 (for registration) or Form FC-3A (for prior permission).
- Online Application Process
- Visit the official FCRA portal: https://fcraonline.nic.in.
- Create an account for the NGO.
- Fill out the appropriate form (FC-3 for registration or FC-3A for prior permission).
- Upload the required documents in the prescribed format.
- Pay the application fee online (currently ₹10,000 for registration and ₹5,000 for prior permission).
- Submit the application.
- Verification and Approval
- After submission, the application is reviewed by the Ministry of Home Affairs (MHA).
- The MHA may seek additional information or clarification if required.
- Once satisfied, the MHA grants FCRA registration or prior permission.
- Validity and Renewal
- FCRA registration is valid for five years.
- NGOs must apply for renewal six months before the expiry of the registration (using Form FC-3C).
- Compliance Requirements
- NGOs must maintain separate accounts and records for foreign contributions.
- They must file annual returns (Form FC-4) on the FCRA portal.
- Any change in bank account details, key members, or objectives must be reported to the MHA.
- Key Points to Remember
- Foreign contributions cannot be used for speculative or personal purposes.
- NGOs must not transfer foreign contributions to other entities without prior approval.
- Violations of FCRA provisions can lead to cancellation of registration and penalties.
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