In order for a person to register under the Foreign Contribution Regulation Act (FCRA), the concerned person must submit Form FC-3A (Application for FCRA Registration) to the Ministry of Home Affairs.
Pre-Requisites for Application
The following requisites / compliances need to be met before making the FC-3A application.
- The applicant entity is at least 3 (three) years old 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. For this purpose, the association should have spent at least Rs.10,00,000/- (Rupees Ten Lakhs) over the last 3 (three) years on its aims and objects, excluding administrative expenditure.Additionally, statements of Income & Expenditure, duly audited by Chartered Accountant, for last 3 (three) years are to be submitted to substantiate that the applicant meets the financial parameter.
- The applicant has opened a separate, dedicated FCR Account with a scheduled bank, i.e., a bank such as SBI, BoB, ICICI Bank, HDFC Bank, etc. This account cannot be used for receiving anything but foreign contribution.
- The applicant has assigned roles to the key functionaries and identified the “chief functionary” of the organization. The term “chief functionary” has not been defined in the FCRA, however, the head of the organization may be construed as the chief functionary. The organization may also designate any office bearer as the chief functionary through a general body/governing body resolution, for the purposes of filing the FCRA returns and forms.
- The applicant has obtained the signed affidavits which have been attested by a notary public or 1stClass Magistrate
- A PAN Card for the applicant is available
Documents Required for Submission with Application
- Self-certified copy of registration certificate of the Society or a copy of the trust deed or certificate of incorporation of the company (depending on the organization structure)
- Self-certified copy of the relevant pages of the memorandum of association and/or articles of association, showing aims and objects of association
- Activity report for the last 3 (three) years
- Copies of the audited statements of the preceding 3 (three) years
- Copies of the annual report of the preceding 3 (three) years
- Bank Account Details:
- Number of the designated FCR account held with an authorized dealer bank
- Bank address and information
- Copy of PAN Card of the Society/Trust
- Details of the chief functionary
- Details of key functionaries
- Signed affidavits of each key functionary
- Images of chief functionary signature and seal of the association which are saved in JPG/JPEG format and available for uploading
The FC-3A form is an online filing, to be made via www.fcraonline.nic.in.
The documents referred to above have to be scanned and uploaded in the manner provided on the website.
The application made for the grant of the registration shall be accompanied by a fee of Rs. 5000/- (Five Thousand rupees only).
Once uploaded and submitted, the Ministry of Home Affairs is required to respond to the registration application within 90 (ninety) days from date of application.
No person shall prefer a second application for registration or prior permission within a period of 6 (six) months after submitting an application either for the grant of prior permission for the same project or for registration.
Every registration granted to a person under the FCRA shall be valid for a period of 5 (five) years from the date of its issue and has to be renewed hereafter.
Although not specifically stated it is advisable that the person has a DARPAN registration.