Table of Contents

FCRA Registration India: Eligibility, Procedure & Annual Compliance for NGOs

1. Introduction to FCRA Registration

FCRA (Foreign Contribution Regulation Act) registration is governed by the Ministry of Home Affairs (MHA) and can be accessed through the portal fcraonline.nic.in. The registration process follows the Foreign Contribution (Regulation) Act, 2010, along with guidelines under the Foreign Contribution (Regulation) Rules, 2011, and subsequent amendments till 2019.

2. Objective of FCRA Registration

The primary objective of FCRA registration is to regulate the acceptance and utilization of foreign contributions by organizations in India, ensuring that such funds are used for legitimate and charitable purposes. It prevents misuse of foreign contributions that could affect the sovereignty and integrity of India.

3. Types of FCRA Registration

There are two types of FCRA registration:

3.1 Proper FCRA Registration

This is for entities that:

• Are registered under domestic laws and operating for at least five years.

• Have spent at least INR 10 lakhs on charitable objectives (excluding administrative costs).

• Can submit audited financial statements for at least three previous years.

3.2 Prior Permission FCRA Registration

This is for newly registered entities that:

• Are less than five years old and wish to receive foreign contributions for a specific activity or purpose.

• Need to provide details of the foreign donor, including authenticity verification.

• Must undertake to use the funds only for the stated objective.

4. Eligibility for FCRA Registration

Organizations seeking foreign contributions for cultural, social, economic, educational, or religious programs must meet the following conditions:

• Must be a Trust, Society, or Section 8 Company.

• Should have existed for at least three years before applying.

• Should not have received foreign contributions without government approval prior to registration.

• Must have spent a minimum of INR 10 lakhs in the past three years for its objectives, excluding administrative expenses.

For newly registered entities, the Prior Permission (PP) route applies.

5. Criteria for Grant of FCRA Registration

Before granting FCRA registration, MHA verifies that the entity:

• Is not fictitious or benami.

• Has not been involved in religious conversions by force or inducement.

• Has not been prosecuted for communal disharmony.

• Has not been found guilty of fund misutilization.

• Does not engage in anti-national activities.

• Will not use foreign contributions for personal gain.

Additionally, the acceptance of foreign contributions must not:

• Affect the sovereignty and integrity of India.

• Endanger public interest, elections, or friendly relations with other nations.

• Incite violence or compromise the safety of individuals.

6. Procedure for FCRA Registration

Step 1: Access FCRA Portal

• Visit FCRA Online.

• Click on ‘FCRA online forms’ to register.

Step 2: Create User ID

• Click ‘Sign Up’ to create a username and password.

Step 3: Log in & Select Application Type

• Choose either ‘FCRA Registration’ or ‘Prior Permission’ from the drop-down menu.

Step 4: Fill Association Details

• Enter Darpan ID, registration number, address, date of registration, and main objectives.

Step 5: Provide Executive Committee Details

• Enter key functionary details and add foreigner information if applicable.

Step 6: Bank Details

• Provide bank details (Name, IFSC Code, Account Number, and Address).

Step 7: Upload Documents

• Upload scanned copies of registration certificates, MOA/AOA, activity reports, and audited statements.

Step 8: Final Submission & Payment

• Declare application details.

• Make the online payment.

• Submit the form (note: modifications are not allowed post-submission).

7. Renewal of FCRA Registration

FCRA registration is valid for five years and must be renewed at least six months before expiry. The renewal process involves:

• Logging into the FCRA portal.

• Selecting ‘Application for Renewal’.

• Submitting updated financial statements and compliance reports.

8. Annual Compliance under FCRA

Entities with FCRA registration must:

• File an annual return in Form FC-4 by September 30 for the previous financial year.

• Attach audited financial statements, foreign receipts statements, and utilization reports.

• Maintain proper records to avoid penalties or cancellation of registration.

9. Case Study: Successful FCRA Registration

Example: An NGO, ‘XYZ Foundation’, operating in rural education for six years, applied for FCRA registration. They met the INR 10 lakh expenditure criterion, submitted audited reports, and received approval within six months. This allowed them to secure funding from international donors for expanding their programs.

10. Common Challenges in FCRA Registration

• Incomplete documentation leading to rejection.

• Non-compliance with financial requirements.

• Delays in approval due to lack of clarity in objectives.

• Stringent scrutiny for organizations with political or religious affiliations.

With expert assistance from Return Filings, you can ensure a smooth registration and compliance process for your FCRA registration. For professional assistance, reach out to us on email: info@returnfilings.com or on whatsapp: https://wa.me/919910123091.

frequently asked questions (faq's) related to FCRA Registration in India

Q What is FCRA?+

Q Why is FCRA registration required?+

Q Who needs FCRA registration?+

Q What are the key features of FCRA?+

Q How can I apply for FCRA registration?+

Q What are the eligibility criteria for FCRA registration?+

Q What documents are required for FCRA registration?+

Q Is there any fee for FCRA registration?+

Q How long does the FCRA registration process take?+

Q What is the validity period of FCRA registration?+

Q Can FCRA funds be used for administrative expenses?+

Q What are the compliance requirements for FCRA registered organizations?+

Q Can FCRA registered organizations transfer funds to other organizations?+

Q What are the penalties for violating FCRA regulations?+

Q How do I renew my FCRA registration?+

Q Can an organization apply for FCRA prior permission instead of registration?+

Q What is the difference between FCRA registration and FCRA prior permission?+

Q How do I register for FCRA in India?+

Q What are the latest FCRA rules and regulations?+

Q What are the prohibited activities under FCRA?+

Q How do I file FCRA annual returns?+

Q What are the consequences of non-compliance with FCRA?+

Q Can individuals receive foreign contributions?+

Q How do I open a designated bank account for FCRA funds?+

Q What are the reporting requirements for FCRA funds?+

Q How do I change the name or address of my FCRA registered organization?+