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). The permission to receive foreign contribution is provided by two ways:
Permanent registration: (Valid for 5 years).
Prior Permission :(Valid for Particular Project, particular donor and particular Amount).
The registration process is similar in both types of registrations. However, there are certain differentiating points as follows:
DOCUMENTS / INFORMATION REQUIRED:
i. DETAILS OF ASSOCIATION:
a. Registration certificate of the organization.
b. PAN card copy of the organization.
c. 12A and 80G certificates (not mandatory but recommended).
d. Registered Office Address.
e. 3 years Activity Report.
f. 3 Years audited final accounts and income tax returns
g. Memorandum of association and Articles of association / Bye laws
h. Telephone number of organization
i. Email Address of the organization
j. Official website address, if any.
k. Registration certificate of the organization
l. Round Seal of association.
m. List of executive body members with their details on the letterhead of the organization with signatures of members.
n. Notarized affidavits from all the Trustees, Governing body members and Members in attached format.
o. Certificate of the competent recommending authority on official stationery under signature and seal on prescribed format in original (this is optional).
(If any of the above documents are in other than English language, a certified translation copy shall also be required along with such documents.)
ii. DETAILS OF EXECUTIVE COMMITTEE:
a. First Name, Father / Husband’s Name, Surname
b. Office Address
c. Residential Address
d. Nationality
e. Email Address
f. Mobile number
g. Landline Number
h. Aaadhaar Number
i. Occupation ( details of Private Service, Government Service, Business, Profession etc)
j. Designation in association
k. Mention any kind of relationship with other members of the trust.
l. Whether he/she is member in any other organization (like president, trustee, secretary, treasurer, member etc.).If yes – then mention details of organization like Name, Address, Registration number, PAN.
m. Whether the member is also a member of any other organization registered with FCRA – if so, the you need to provide such organization’s name, address, FC registration number, PAN and designation in such organization.
n. Whether convicted by any court of law.
o. Whether he/she is under prosecution for any offence pending against him/her.
p. Whether current member of an FCRA registered organization against which any action taken under FCRA –if yes – then details of such organization and details of action taken under FCRA should be mentioned.
iii. DOCUMENTS OF EXECUTIVE COMMITTEE MEMBERS:
a. PAN card copy
b. Aaadhaar Copy
c. Passport / Driving License or any other address and ID proof.
d. 2 Passport size photos of each member.
iv. BANK DETAILS:
a. Account Number
b. Bank Name, Branch Name and Address
c. IFSC and MICR number
d. Letter from bank for confirmation of bank account details.
v. DETAILS OF PAST APPLICATION:
a. Whether the organization has applied in past for FCRA registration or prior permission, if so then details of such application and letter of rejection should be submitted.
vi. ADDITIONAL DOCUMENTS FOR PRIOR PERMISSION:
a. Commitment letter / letter of intent from Foreign Donor.
b. Detailed project report about the utilization of donation along with approval from prospective donor.
2. SUBMISSION OF PHYSICAL SET
1. Once the online application is submitted, two physical sets are required to be sent to New Delhi which should reach to FCRA department within 30 days of online filing.
2. Such sets should be signed and stamped by Chief Functionary.
3.. PROCEDURE
Step 1: Preparation and submission of electronic application.
Step 2: Submission of physical set to Ministry of Home Affairs, New Delhi.
Step 3: Inspection by Local Police after receipt of intimation from MHA.
Step 4: Reporting by police to MHA about physical existence and genuineness of the organization.
Step 5: Submission of response to any queries raised by FCRA department.
Step 6: Grant of certificate of rejection.
4. TIME LINE:
For registration around 8-12 months are required after filing of application. Similarly, 4-6 months are required for obtaining prior permission.
Feel free to reach us for any query regarding this topic.
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