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FCRA License

FCRA License is a license issued to persons (ie. Individulas, HUFs, Associations, NGOs) under Foreign Contribution Regulation Act, 2010 (FCRA) to get Foreign Contributions (ie. Donations, Grants from abroad).

There are two modes of obtaining permission to accept foreign contribution according to FCRA, 2010:

  1. Registration
  2. Prior Permission

Registration under FCRA

The following are the eligibility criteria to get registered under Foreign Contribution Regulation Act, 2010 (FCRA). For grant of registration under FCRA, 2010, the association should:

  1. be registered under an existing statute like the Societies Registration Act, 1860 or the Indian Trusts Act, 1882 or section 25 of the Companies Act, 1956 (Now Section8 of Companies Act, 2013) etc;
  2. be in existence for at least three years and has undertaken reasonable activity in its chosen field for the benefit of the society for which the foreign contribution is proposed to be utilized. It should incur at least Rs.15 lakhs expenditure for its activities during last three years. If the association wants foreign contribution for inclusion of its capital investment in assets like land, building, other permanent structures, vehicles, equipments, then the Chief Functionary shall have to give an undertaking that these assets shall be utilized only for the FCRA activities and they will not be diverted for any other purpose till FCRA registration of the NGO holds.

Prior Permission

An NGO which does not complete three years of experience may apply for grant of prior permission under FCRA, 2010. Prior permission is granted for receipt of a specific amount from specific donor/donors for carrying out specific activities/projects. For this purpose, the association should meet following criteria:

  1. be a registered Society, registered Trust or Registered Company under Section 8 of the Companies Act, 2013;
  2. submits a specific commitment letter from the donor indicating the amount of foreign contribution and the purpose for which it is proposed to be given.

Conditions for Prior Permission or Registration under FCRA:

  1. The person making an application for registration or grant of prior permission is not fictitious or benami.
  2. The person has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another.
  3. The person has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country.
  4. The person has not been found guilty of diversion or mis-utilisation of its funds.
  5. The person is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends.
  6. The person is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes.
  7. The person has not contravened any of the provisions of the FCRA Act.
  8. The person has not been prohibited from accepting foreign contribution.
  9. The person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him.
  10. The person being 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 offence is pending against him.
  11. The acceptance of foreign contribution by the association/ person is not likely to affect prejudicially: The sovereignty and integrity of India, the security, 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 and harmony between religious, racial, social, linguistic, regional groups, castes or communities.
  12. The acceptance of foreign contribution shall not lead to incitement of an offence and shall not endanger the life or physical safety of any person.

Who can receive Foreign Contribution

Any “Person” can receive foreign contribution subject to the following conditions:

  1. It must have a definite cultural, economic, educational, religious or social programme.
  2. It must obtain the FCRA registration/prior permission from the Central Government.
  3. It must not be prohibited under Section 3 of FCRA, 2010.

Who cannot receive Foreign Contribution

The following persons cannot receive foreign contribution.

  1. Candidate for election
  2. Correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper
  3. Public Servant, Judge, Government servant or employee of any corporation or any other body controlled or owned by the Government
  4. Member of any Legislature
  5. Political party or office bearer thereof
  6. Organization of a political nature as may be specified under sub-section (1) of Section 5 by the Central Government
  7. Association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (1) of Section 2 of the Information Technology Act, 2000 or any other mode of mass communication
  8. Correspondent or columnist, cartoonist, editor, owner of the association or company referred to in above
  9. Individuals or associations who have been prohibited from receiving foreign contribution

Documents Required for Prior Permission

  • A

    Directors/Members/Tustees Documents

    1. Directors/Members/Trustees PAN
    2. Directors/Members/Trustees ID & Address Proofs
      Aadhaar Card or Voter ID or Passport or Driver's License
    3. Directors/Members/Trustees
      Affidavits
    4. Directors/Members/Trustees latest passport size photograph
    5. Directors/Members/Trustees Email ids
    6. Directors/Members/Trustees Mobile Numbers linked with their Aadhar
    7. Incase of Foreign direcrtors, International Passport is mandatory
  • B

    NGOs Documents

    1. Certificate of Registration
    2. PAN of the entity
    3. Memorandum of Association/Trust Deed/By-Laws
    4. DARPAN ID
    5. Commitment letter from the Donor and agreement
    6. Project Report for which Foreign Contribution will be received

Documents Required for Registration

  • A

    Directors/Members/Tustees Documents

    1. Directors/Members/Trustees PAN
    2. Directors/Members/Trustees ID & Address Proofs
      Aadhaar Card or Voter ID or Passport or Driver's License
    3. Directors/Members/Trustees
      Affidavits
    4. Chief Functionary
      Delarations and Undertakings
    5. Directors/Members/Trustees latest passport size photograph
    6. Directors/Members/Trustees Email ids
    7. Directors/Members/Trustees Mobile Numbers linked with their Aadhar
    8. Incase of Foreign direcrtors, International Passport is mandatory
  • B

    NGOs Documents

    1. Certificate of Registration
    2. PAN of the entity
    3. Memorandum of Association/Trust Deed/By-Laws
    4. DARPAN ID
    5. NGOs Activity Report for the last three years
    6. Audited Statements for the last three years

FCRA Registration & Prior Permission Process

You can get your Prior Permission or Registratin in the following three steps.
  • 1

    Preparation of Documents

    Through CompaniesHouse - 1 Hour Job

    Once we get the documents, we will arrange to scan in the proper format which are acceptable for online uploding with FCRA website.

  • 2

    Online Submission

    Through FCRA Portal - 1 Day

    We will create the FCRA Credentials for the client and fill the Form FC-3A for Registration or Form FC-3B for Prior Permission and attach necessary document as required by FCRA. We will then verify all the fields are correct and submit the online application by paying prescribed fee.

  • 3

    Certificate of Registration

    Through FCRA - 15 Days

    Once we submit the application online, the Officals of Home Department will go through the same and if it is order in all respects, they will approve the application and send the approval information through email. You can then login to your account on FCRA portal and download the certificate of Registration or Prior Permission.

CompaniesHouse - The MCA:

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Let's Clear Your Doubts

What is FCRA Prior Permission?

Prior permission is given to NGOs in formative state (ie. they do not have three years experience).

What is FCRA Registration?

FCRA Registration is available to the NGOs who have three years of experience in their field of activities.

Who can receive foreign contribution?

Any “Person” can receive foreign contribution subject to the following conditions:

  1. It must have a definite cultural, economic, educational, religious or social programme.
  2. It must obtain the FCRA registration/prior permission from the Central Government.
  3. It must not be prohibited under Section 3 of FCRA, 2010.
Who cannot receive foreign contribution?

The following persons cannot receive foreign contribution.

  1. Candidate for election
  2. Correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper
  3. Public Servant, Judge, Government servant or employee of any corporation or any other body controlled or owned by the Government
  4. Member of any Legislature
  5. Political party or office bearer thereof
  6. Organization of a political nature as may be specified under sub-section (1) of Section 5 by the Central Government
  7. Association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (1) of Section 2 of the Information Technology Act, 2000 or any other mode of mass communication
  8. Correspondent or columnist, cartoonist, editor, owner of the association or company referred to in above
  9. Individuals or associations who have been prohibited from receiving foreign contribution
Which form is required for FCRA Prior Permission and what is the government fee?

Form FC-3B and the fee is Rs. 5,000/-

Which form is required for FCRA Registration and what is the government fee?

Form FC-3A and the fee is Rs. 10,000/-

Can foreign contribution be received in rupees?

Yes. Any donation, delivery or transfer received from a ‘foreign source’ whether in rupees or in foreign currency is construed as ‘foreign contribution’ under FCRA, 2010. Such transactions including interest on foreign contribution or income derived from foreign contribution even in rupees term are considered as foreign contribution.

Whether donation given by Non-Resident Indians (NRIs) is treated as ‘foreign contribution

Contributions made by a citizen of India living in another country (i.e., Non-Resident Indian), from his personal savings, through the normal banking channels, is not treated as foreign contribution. However, while accepting any donations from such NRI, it is advisable to obtain his/her passport details to ascertain that he/she is actually an Indian citizen.

Whether donation given by an individual of Indian origin and having foreign nationality is treated as ‘foreign contribution?

Yes. Donation from an Indian origin person who has acquired foreign citizenship is treated as foreign contribution. This will also apply to PIO / OCI cardholders. They are foreigners. However, this will not apply to 'Non-resident Indians', who still hold Indian citizenship as they are not foreigners.

Whether foreign remittances received from a relative are to be treated as foreign contribution as per FCRA, 2010?

No. As per section 4(e) of FCRA,2010 and Rule 6 of FCRR ,2011, even the persons prohibited under section 3, i.e., persons not permitted to accept foreign contribution, are allowed to accept foreign contribution from their relatives. However, in terms of Rule 6 of FCRR, 2011, any person receiving foreign contribution in excess of ten lakh rupees or equivalent thereto in a financial year from any of his relatives shall inform the Central Government in electronic Form FC-1 within three months from the date of receipt of such contribution. This form may be filled online on the website: https://fcraonline.nic.in.

Can a private limited company or a partnership firm get registration or prior permission under FCRA, 2010?

Yes, a private limited company too may seek prior permission/registration for receiving foreign funds in case they wish to do some work useful/beneficial to society.

What is the validity period of Prior-Permission or Registration Certificate under FCRA?

5 Year from the date of registration.

When do we need to renew the Prior-permission or Registration issued under FCRA?

With in 6 months before the expiry of the period of the certificate.

Can an association having registration or prior permission transfer the Foreign Contribution received by it to another organization?

Under the amended FCRA, 2010, no foreign contribution can be transferred by the recipient to any other NGO/person.