FCRA Registration & Renewal

Humanity is on the rise and people are having a greater outlook towards life than just businesses and profits. Organizations are actively working towards social and environmental causes. However, everything comes with a cost. These organizations usually receive donations from the public at large in order to meet the funding needs for their operations. However, such donations are not only limited to India. Organizations can receive donations from foreign sources as well, subject to certain compliances. Foreign Contribution Regulation Act, 2010 governs the foreign contributions received for charitable and social causes. Read on to understand the requirements of FCRA and to whom does it apply.

What is FCRA Registration?
Foreign Contribution Regulation Act, 2010 prescribes certain requirements in order to be eligible for receiving contributions from a foreign source. Two modes have been prescribed i.e., either to obtain registration under FCRA or to take prior permission before receiving any foreign contribution. While the FCRA registration is valid for a period of 5 years, in case the person opts for prior permission, it allows receipt of foreign contribution only for the specific purpose from a specific donor and the specified event for which the permission is sought.

Objectives for FCRA Registration
Foreign Contribution Regulation Act, 2010 has been enacted with the following broader objectives:

• Regulate the receipt and utilization of foreign contribution and foreign hospitality by certain companies, associations, and individuals,
• Prohibit the receipt and utilization of foreign contribution and hospitality by certain persons and for certain activities that are against the national interest.

Organizations willing to obtain contributions from foreign sources for definite social, cultural, economic, religious, and educational programmes may obtain registration under FCRA. They can also receive foreign contributions from the prior permission route. Following are the eligibility criteria for FCRA registration and to avail prior permission under FCRA:
Registration under FCRA:

• The applicant shall be registered under the Indian Trusts Act, 1882 or the Societies Registration Act, 1860 or as a Section 8 Company under the Companies Act, 2013 or such other act as may be required.
• The applicant must have undertaken reasonable activities in the chosen field for the benefit of society.
• The applicant must have spent at least Rs. 10 lakhs in the last 3 years towards the achievement of its objects.
• The applicant shall submit copies of the last 3 years' audited financial statements.

Prior Permission under FCRA:
Organizations that are newly established and looking towards receipt of foreign contributions can go through the prior permission route. Prior permission authorizes the receipt of a grant of a specific amount for a specific purpose from a specific donor. For obtaining prior permission:

• The applicant shall be registered under the Indian Trusts Act, 1882 or the Societies Registration Act, 1860 or as a Section 8 Company under the Companies Act, 2013 or such other act as may be required.
• Submit a commitment letter received from the donor to the Ministry of Home Affairs indicating:
  • The amount of contribution provided and
  • The purpose for which the contribution is provided

In case the foreign donor organization and the Indian recipient organization have common members, prior permission shall be granted subject to the following conditions:

• The Chief Functionary of the Indian Organization shall not be part of the foreign donor organization
• A minimum of 51% of the office bearers or members of the governing body of the Indian recipient organization shall not be the members or employees of the donor organization

In case the foreign donor is an individual,

• Such donor cannot be the chief functionary in the Indian recipient organization
• A minimum of 51% of the office bearers or members of the governing body of the Indian recipient organization shall not be the close relatives or family members of the foreign donor.
   

Application for FCRA Registration shall be made in Form FC-3A. Following are the documents required for FCRA registration:

• Self-certified copies of the trust deed/registration certificate of the organization or association
• Self-certified copies showing the aims and objects of the organization in Memorandum of Association and Articles of Associations.
• An activity report indicating the activities conducted in the last 3 years
• Copies of the audited financial statements i.e., Receipts and Payments, Income and Expenditure and Assets and Liabilities Accounts reflecting the expenditure towards aims and objects of the organization.
   

The application for FCRA registration is an online procedure. Follow the below steps of the FCRA registration process:

• Visit the FCRA portal online
• Click on the ‘Services under FCRA’ tab. This will open all the relevant FCRA forms.
• Click on the Form FC-3A - ‘Application for FCRA Registration’. It will redirect you to the next page.
• Once redirected, click on the ‘Click to apply online’ button reflecting on the screen. A new page will open. Click on the ‘Sign Up’ option.
• Enter all the necessary details as required on the sign-up page.
• Once the details are filled up, insert the captcha and click the ‘Save’ button. A message will be reflected, ‘User ID successfully created and your User ID is:’ 
• Login to the FCRA portal using this User ID and Password
• In the drop-down menu for ‘I am applying for’, select FCRA registration. Click on ‘Apply Online’.
• Then click on the ‘Click here to Proceed New Registration’ button.
• Click on the FC-3 tab in the title bar and proceed with the registration.
• Select the Association Details from the menu. It will display the association detail form. Enter all the necessary details and click on the ‘Submit’ button.
• Now, select the Executive Form from the menu bar.
• Enter the requisite details about the Executive Committee.
• Select ‘Add Details of Key Functionary’ where you can edit/delete/add details of the Executive Committee.
• Now add the foreigner details by selecting the checkbox of the record you want and then click on the ‘Add/View’ button. A new screen will appear where you shall add the foreigner details. You will be able to Edit/Delete the record by clicking on the relevant option.
• Enter the EC details by selecting the relevant option from the menu list.
• Click on save after entering the requisite details.
• Provide the bank details including Bank Name, Account Number, IFSC Code, and Address of the Bank.
• Select the other details option from the menu and provide all the other requisite information.
• Upload all the required documents in PDF format while filling out the form.
• Once the form is filled up, click on the Final Submission Button from the menu bar. Provide the Place and Date and click on the ‘Final Submit’ button. A pop-up will appear, click on ‘OK’. Once the form is submitted, it can’t be modified.
• Now click on the ‘Make Online Payment’ button from the menu bar. Then click on the ‘Continue for Payment’ button on the screen. Select the payment gateway and make the requisite payment.

In this way, you can obtain your online FCRA registration.

FCRA Registration Renewal

The FCRA registration is valid for a period of 5 years following which it shall be renewed. The application for renewal shall be made within 6 months before the expiry of the certificate of registration. Following are the steps for renewal of FCRA registration:

Open the ‘Services under FCRA’ tab from the home tab and select the FC-3C – ‘Application for Renewal of FCRA Registration’. You will be redirected to the next page.
Select ‘Click to Apply Online’. Enter User-ID and Password to login to the FCRA portal.
From the drop-down menu for ‘I am applying for’, select the FCRA renewal option. For renewal of FCRA registration, again follow the above steps.