FCRA Registration – Eligibility & Application Procedure

Overview of FCRA Registration

FCRA Registration refers to the process mandated by the Foreign Contribution Regulation Act (FCRA) in India. This registration is essential for any non-governmental organization (NGO), association, or trust that intends to receive foreign donations or contributions. Specifically, charitable trusts, societies, and Section 8 companies that receive foreign contributions or donations from foreign sources are required to obtain registration under Section 6(1) of the Foreign Contribution Regulation Act, 2010. Such a registration under the Foreign Contribution Regulation Act, 2010 is called an FCRA registration. The primary objective of the FCRA is to regulate the acceptance and utilization of foreign funds to ensure they are not used for activities detrimental to national interest.

Eligibility for FCRA Registration

• Organizations seeking foreign contributions for cultural, social, economic, educational, or religious programs are eligible.
• Preferably, the applicant should be a Trust, Society, or a Section 8 Company.
• The entity must have been in existence for a minimum of three years at the time of FCRA application.
• The entity should not have received any foreign contribution without prior Government approval.
• The organization must have spent at least ?10,00,000/- over the last three years on its aims and objectives, excluding administrative expenditure.
• Audited Statements of Income & Expenditure for the last three years need to be submitted to substantiate financial parameters.

Prior Permission (PP) Route for New Entities

• Newly registered entities can apply for specific activities, purposes, and sources through the Prior Permission method.
• Approval for a specific activity, purpose, and source can be obtained from the Ministry of Home Affairs through the Prior Permission method.

Criteria for FCRA Registration

The applicant:

• Must not be fictitious or benami.
• Must not have been prosecuted or convicted for converting individuals from one religious faith to another using inducement or force, directly or indirectly.
• Must not have been prosecuted or convicted for creating communal tension or disharmony.
• Must not have been found guilty of diverting or misusing funds.
• Must not be engaged in, or likely to engage in, sedition or the advocacy of violent methods.
• Must not be likely to use foreign contributions for personal gain or undesirable purposes.
• Must not have contravened any provisions of the FCRA.
• Must not be prohibited from accepting foreign contributions.

For individuals:

• Must not have been convicted under any law, nor have any prosecution pending against them.

For entities other than individuals:

• None of its directors or office bearers should have been convicted under any law, nor have any prosecution pending against them.

Acceptance of foreign contribution must not:

Prejudicially affect:

• Sovereignty and integrity of India.
• Security, strategic, scientific, or economic interests of the State.
• Public interest.
• Freedom or fairness of elections.
• Friendly relations with any foreign state.
• Harmony between religious, racial, social, linguistic, regional groups, castes, or communities.

Lead to incitement of an offense.

Endanger the life or physical safety of any person.

Applying for FCRA Registration

To apply for FCRA registration, use Form FC-3A and submit the following documents:

1. Self-certified copy of the registration certificate/Trust deed of the association.
2. Self-certified copy of relevant pages of the Memorandum of Association/Articles of Association, showing the aims and objects of the association.
3. Activity Report detailing activities over the past three years.
4. Copies of relevant audited financial statements for the past three years (Assets and Liabilities, Receipts and Payments, Income and Expenditure), clearly reflecting expenditure on the association's aims and objects, as well as administrative expenditure.

Once granted, FCRA registration is valid for five years. You can apply for renewal six months prior to the expiry date to keep the registration valid.

FCRA Registration Application process (Form FC-3A)

1. Visit the FCRA Portal: Go to the official FCRA portal managed by the Ministry of Home Affairs, Government of India.
2. Sign Up/Register: If you haven't already registered on the portal, you need to create an account. Select the ‘Sign Up’ option and enter the required details such as your organization's name, an active email address for communication, and other necessary details.
3. Login and Access the Form FC-3A: Once your account is created and you have logged in, navigate to the section for FC-3A form under the ‘Services’ tab or the relevant section of the portal.
4. Complete the Form: Fill in all required fields in the form FC-3A. This includes:
5. Upload Required Documents: You will need to upload scanned copies of the following documents:
6. Verify Details: Double-check all entered details and uploaded documents for accuracy. Incorrect information can lead to application rejection.
7. Payment of Fee: Proceed to payment of the registration fee through the online payment gateway integrated into the FCRA portal. Ensure the transaction completes successfully.
8. Final Submission: After payment, review your form and documents one last time, and then submit the application.
9. Receive Acknowledgment: Upon successful submission, you will receive an acknowledgment receipt with a unique application number. Keep this number handy for future references and to track the status of your application.
10. Track Application Status: You can track the progress of your FCRA registration application on the portal using the unique application number.

These steps are specific to the online process of applying for FCRA registration through form FC-3A on the official FCRA portal. Make sure to comply with all specified guidelines and upload all required documents in the prescribed formats to ensure smooth processing of your application.

FCRA Renewal

After being granted, FCRA registration remains valid for five years. Organizations can apply for renewal six months before the expiry date to maintain their registration.