FCRA SERVICES

REGISTRATION UNDER FCRA

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What this document contains?

• Types of FCRA registrations

• Difference between Prior Permission and FCRA Registration

• List of Documents and Information required

• Process of registration

• Costs involved in FCRA registration.

• Time-line of FCRA registration

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• TYPES OF FCRA REGISTRATIONS

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Every organization desirous of receiving foreign contribution as donation or grant needs prior permission of the Ministry of Home Affairs. Such permission is granted under The Foreign Contribution Regulation Act 2010 (FCRA) and Foreign Contribution Regulation Rules 2011 (FCRR).

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The permission to receive foreign contribution is provided in two ways:

1. Permanent registration (Valid for 5 years).

2. Prior Permission. (Valid for Particular Project, particular donor and particular Amount)

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• DIFFERENCE BETWEEN PRIOR PERMISSION & FCRA REGISTRATION

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The registration process is similar in both types of registrations. However, there are certain differentiating points between these two types. These are as follows:

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PARTICULARS

PRIOR PERMISSION

PERMANENT REGISTRATION

MINIMUM EXISTENCE OF ORGANIZATION

No such requirement

The organization should be in existence for at least 3 years supported by 3 financial statements and income tax returns of the organization.

MINIMUM EXPENDITURE REQUIREMENT

No such requirement

The organization should have spent at least Rs. 15 lacs on its objects during past three years. (excluding expenses on administrative expenses)

DONOR LETTER

For prior permission an intent letter or commitment letter is required from prospective foreign donor along with approved Project Report

No such requirement

PROJECT REPORT

A detailed project report about the donation and its utilization is required.

No such requirement

GOVERNMENT FILING FEES

Rs.5000 (increased from earlier Rs.3000 from September 2020)

Rs.10000 (increased from earlier Rs.5000 from September 2020)

VALIDITY

The prior permission is valid for receiving donations from particular donor, of particular amount and for particular project.

This registration is valid for 5 years during which donations from any donor can be received for any project.

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• DOCUMENTS & INFORMATION REQUIRED

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• DETAILS OF ASSOCIATION

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1. Registration certificate of the organization

2. PAN card copy of organization

3. 12A and 80G certificates (optional)

4. Registered Office Address

5. 3 years Activity Report

6. 3 Years audited final accounts and income tax returns

7. Memorandum of association and Articles of association / Bye laws

8. Telephone number of organization.

9. Email Address of the organization

10. Official website address, if any.

11. Registration certificate of the organization

12. Round Seal of association.

13. List of executive body members with their details on the letterhead of the organization with signatures of members.

14. Notarised affidavits from all the Trustees, Governing body members and Members in attached format.

15. Certificate of the competent recommending authority on official stationery under signature and seal on prescribed format in original (this is optional).

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• If any of the above documents are in language other than English language, a certified translation copy shall also be required along with such documents.

• For Photocopies of documents, provide attested copies.

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• DETAILS OF EXECUTIVE COMMITTEE

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1. First Name, Father / Husband’s Name, Surname

2. Office Address

3. Residential Address

4. Nationality

5. Email Address

6. Mobile number

7. Landline Number

8. Aadhar Number

9. Occupation (details of Private Service, Government Service, Business, Profession etc)

10. Designation in association

11. Relationship with other members of the trust

12. Whether he/she is member in any other organization (like president, trustee, secretary, treasurer, member etc.). If yes – details of organization like Name, Address, Registration number, PAN.

13. Whether the member is also a member of any other organization registered with FCRA – if so, provide such organization’s name, address, FC registration number, PAN and designation in such organization.

14. Whether convicted by any court of law

15. Whether he/she is under prosecution for any offence pending against him/her

16. Whether current member of an FCRA registered organization against which any action take under FCRA – if yes – details of such organization and details of action taken under FCRA.

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• DOCUMENTS OF EXECUTIVE COMMITTEE MEMBERS:

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1. PAN card copy

2. Aadhar Copy

3. Passport / Driving License or any other address and ID proof.

4. 2 Passport size photos of each member.

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• BANK DETAILS:

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1. Bank Account with SBI New Delhi Main Branch is mandatory

2. Account Number

3. Letter from bank for confirmation of bank account details

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• DETAILS OF PAST APPLICATION

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1. Whether the organization has applied in past for FCRA registration or prior permission, if so details of such application and letter of rejection.

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• ADDITIONAL DOCUMENTS FOR PRIOR PERMISSION

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1. Commitment letter / letter of intent from Foreign Donor

2. Detailed project report about the utilisation of donation along with approval from prospective donor.

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• PROCESS OF REGISTRATION

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Step 1: Register the Organization with Darpan (NITI Ayog)

Step 2: Open a Bank account with SBI New Delhi Main Branch

Step 3: Prepare affidavits by all key members.

Step 4: Preparation and submission of electronic application. Online payment of fees.

Step 5: Inspection by Local Police after receipt of intimation from MHA.

Step 6: Reporting by police to MHA about physical existence and genuineness of the organization.

Step 7: Submission of response to any queries raised by FCRA department.

Step 8: Grant of certificate of rejection.

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• COSTS INVOLVED

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SN

Particulars

Amount

1

Registration Fees

Rs.25,000/-

2

Out of pocket expenses

Rs.10,000/-

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Total Cost

Rs.35,000/-

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Notes:

• For Prior permission – out of pocket expense is Rs.5000/-.

• Out of pocket expenses are tentative. These does not involve travelling, lodging, boarding expenses incurred if any in relation to the registration. These will be reimbursed at actuals.

• Professional fees are payable 50% in advance and 50% at the time of submitting application for registration.

• Please note our fees are towards filing of registration application only. We do not guarantee the success of registration.

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• TIME-LINE

In our experience and best estimate, around 8-12 months may be required for registration after filing of application. Similarly, 4-6 months are required for obtaining prior permission.