FCRA Registration

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FCRA Registration

Foreign contribution regulation Act 1976 or FCRA is a law of government of India which regulates receipt of foreign contributions or assistance from outside India to India territories. This is essential to ensure that such aid does not effect political or any other situation in India. For genuine donation, the provision of law is not very difficult to comply. In order to regulate the foreign contribution or foreign hospitality received by any individual, association or company the Government has consolidated all the laws and regulations relating to such transactions. For this purpose Foreign Contribution (Regulation) Act, 2010 was enacted. This was done to create a transparent mechanism for individuals and organizations through E-governance of FCRA related activities. 

This transparent system was created to discourage any detrimental activities which can be against national interest.The regular compliance is limited to filing of annual return every year. This law is enforced by the ministry of Home affairs, Government of India. There is a separate section in the ministry to ensure compliance to the Foreign Funding Registration. An Ngo is relevant to get subsidizes from abroad assuming that it has a international funding registration declaration. Administration of India and outside subsidizing organizations discharges a considerable measure of trusts for the welfare of the underprivileged area of the social order. Then again, such trusts are not legitimately used by a number of such conglomerations. UNO keeps tabs on offering gives to that conglomeration who have done exceptional work in elevating the poor area of the social order. In this way, the right outlook to getting legitimate finances is to channelize your vigor in working for the social order. Assuming that you would like to know how to get a FCRA endorsement, you can counsel us.

The second generally critical perspective to get Foreign Funding enlistment is that you should have used at least 10 lakhs rupees in the most recent three years under the social use condition to get Foreign Contribution Regulation Act authentication. Subsequently, you can request FCRA online through their site. After the fulfillment of five years, you have to renew the enrollment for an additional five years. This rule will start from the year 2015. You will just get a restoration if Government powers discover your work exemplary and veritable.Outside financing has turned into a basic part of Indian social order of NGO segment. There are two ways of registration possible under FCRA.

  1. Regular registration (Apply inform F.C 8) – under this registration, there is no restriction (either the total amount or from specific donor) for receiving Foreign Contribution.
  2. Prior permission (Apply in Form F.C 1A) – under this registration, the permission is granted for a specific amount from a specific donor. A letter of intent from the donor to donate the amount must be enclosed along with the application form (Form F.C 1A).

Documents required for prior permission and for FCRA registration

  • Self-certified copy of registration certificate/Trust deed etc., of the applicant association.
  • Copy of PAN of the NGO.
  • Self-certified copy of relevant pages of MOA/AOA/Deed reflecting the main objects of the association.
  • Jpg file of signature of the chief functionary
  • Activity Report of last three years. (for registration)
  • Copies of audited Assets and Liabilities, Receipt and Payment, Income and Expenditure statement etc. of last 3 years reflecting the expenditures.
  • Detail about the current and past management of the trust.
  • Annual report of the NGO and details of work done in past 3 years. (for registration)
  • A true copy of the resolution passed by the Governing Body of the NGO.
  • A Copy of certificate issued by the Income Tax Authority under 80G & 12A of the Income Tax Act.

 

Our services for FCRA registration

  • Preparing deed draft.
  • Incorporation of company/entity.
  • Preparing of registration document
  • Fulfill compliance to procure registration.
  • Due-diligence of entity/company in case of acquisition.
  • Due diligence of title document
  • Coordination with registrar
  • Follow-up with Income Tax office, MCA, and others government body.

Return Requirement after FCRA registration

  • After Successful FCRA registration, the registered entity is required to file a return annually in prescribed Form FC –4.
  • After registration the entity is required to maintain proper accounts and record of all the foreign contribution received as well as its utilization. And file a return in FC-4 online.
  • Certified (by CA) and Scanned copies of the following documents must be submitted with the return:
    • Income and expenditure statement,
    • Balance sheet
    • Statement of receipt of Foreign contribution and
    • Payment made by the entity.
    • Due Date: FC-4 is required to be filed within 9 months of the closing of every financial year i.e. by 31st December of every year.

Benefits of Foreign Contribution Regulation Act

The NGO can approach various foreign funding agencies after FCRA registration. One thing is very clear that the foreign funding agencies only donate to those NGO’s working in specific area or for particular cause like education, women empowerment, health etc. The social welfare organizations who work in a genuine way get awarded for their exemplary work and achievement. The motto of a NGO should not be to misuse the fund but to work for the social uplifttment of the poor and the needy and give the world a boost.

Cancellation of FCRA Registration

There are numerous reasons where a NGO’s foreign funding registration can be cancelled on conditions like –

  • The fund given by the foreign donor is not utilized properly and used for own personal interest.
  • The NGO fails to file annual compliance for three consecutive years
  • Any member of the organization files a complaint that the NGO is not working properly and if it is proved.