FCRA Registration

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FCRA Registration

Section 11 of FCRA 2010 deals with registration for the purpose of receiving foreign contribution .

Rule 9 to FCRR 2011 provides for obtaining registration to receive foreign contribution.

Registration is prerequisite condition for receive foreign contribution from a foreign source.

What is Foreign source?

Foreign as defined in section 2(1)(j) of FCRA, 2010 includes:

  • I. The government of any foreign country or territory and agency of such government;
  • II. Any international agency, not being the united nations or any of its specialized agencies, the world bank, international monetary fund or such other agency as the central government may, by notification, specify in this behalf;
  • III. A foreign company;
  • IV. A corporation, not being a foreign company, incorporated in a foreign country or territory;
  • V. A multinational corporation referred to in sub-clause (iv) of clause (g) of section 2 of FCRA, 2010;
  • VI. A company within the meaning of the companies act, 1956 and more than one-half of the nominal value of its share capital is held, either singly or in the aggregate, by one or more of the following, namely:
    • a) The government of a foreign country or territory;
    • b) The citizens of a foreign country or territory;
    • c) Corporations incorporated in a foreign country or territory;
    • d) Trusts, societies or other associations of individuals (whether incorporated or not), formed or registered in a foreign country or territory;
    • e) Foreign company;

    Provided that where the nominal value of share capital is within the limits specified for foreign investment under the foreign exchange management Act, 1999, or the rules or regulations made thereunder, then, notwithstanding the nominal value of share capital of company being more than one half of such value at the time of making the contribution, such company shall not be a foreign source.

  • VII. A trade union in any foreign country or territory, whether or not registered in such foreign country or territory;
  • VIII. A foreign trust or a foreign foundation, by whatever name called, or such trust or foundation mainly financed by a foreign country or territory;
  • IX. A society, club, or other association or individuals formed or registered outside India;
  • X. A citizen of a foreign country”.

    • Note: A Few bodies/organizations of the united nations, world bank and some other international agencies/multilateral organizations are exempted from this definition, and are not treated as foreign source. Hence, the funds received from them are not considered as foreign contribution.


Eligibility criteria for

For grant of registration under FCRA, 2010, the association should:

  • I. 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 section 8 of companies act, 2013) etc;
  • II. 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 utilised. The applicant NGO/association will be free to choose its items of expenditure (excluding the administrative expenditure as defined in Rule 5 of FCRR, 2011) to become eligible for the minimum threshold of Rs.15.00 lakh spent during the last three years. If the association wants inclusion of its capital investment in assets like land, building, other permanent structures, vehicles, equipment, etc, 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.

Requirement for FCRA Registration
  • > Registration Certificate, Bye laws/ Trust Deed/ MOA and AOA
  • > Last 3 years Income Tax Return, Audit Report and Annual Report
  • > FCRA bank Account Details
  • > Members details
  • > Email id and Contact number
  • > Authorised Person Signature in JPJ
  • > Organization seal in JPJ
  • > Affidavit of each key functionary
  • > Aggregate expenditure Towards social activities 15 lacs or more in last 3 years
  • > Need to open Bank account in SBI Sansad Marg Branch Delhi

Some Important questions and answers.

Q. Who should execute the affidavit?
  • > Tha Affidavit to be executed in proforma “AA” as per rules 9 , 12, Forms FC-3A, FC-3B, and FC-3C.
    The said affidavit to be executed by :
  • > Each office Bearer

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