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13-March-2016
SNAP SHOT- Foreign Contribution (Regulation) Act, 2010, FCRA

SNAP SHOT- Foreign Contribution (Regulation) Act, 2010, FCRA

 

 

 

Who can receive foreign contribution?

 Any individual, HUF, association or a company registered under Section 25 of Companies Act 1956 (Now Section 8 of Companies Act, 2013) can receive foreign contribution subject to following conditions:-

a) It must have a definite cultural, economic, educational, religious or social programme.

b) It must obtain the FCRA registration/prior permission from the Central Government

c) It must not be prohibited under Section 3 of FCRA, 2010.

Who cannot receive foreign contribution?

As defined in Section 3(1) of FCRA, 2010, the following are prohibited to receive foreign contribution:

(a) a candidate for election;

(b) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper;

(c) Judge, government servant or employee of any Corporation or any other body controlled on owned by the Government;

(d) member of any legislature;

(e) political party or office bearer thereof;

(f) organization of a political nature as may be specified under sub-section (1) of Section 5 by the Central Government.

(g) association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (i) of Section 2 of the Information Technology Act, 2000 or any other mode of mass communication;

(h) correspondent or columnist, cartoonist, editor, owner of the association or company referred to in point (g).

(i) individuals or associations who have been prohibited from receiving foreign contribution.

How does a person obtain permission to accept Foreign Contribution?

There are two modes of obtaining permission to accept foreign contribution according to FCRA, 2010:

 

 How to submit application for grant of registration/prior permission?

 Application for grant of registration / prior permission is to be submitted  at the website fcraonline.nic.in

If an application for registration or prior permission is submitted online by an association, does it need to submit that application in physical form also?

 No. All requisite documents are to be uploaded with the application.

How to fill online form for filing application for grant of registration / prior permission?

Ans. The online application form FC-3 for registration /prior permission has been designed in an easy to fill format. The applicant will find detached instructions on each web page of online form while filing the application.

 What are the documents to be uploaded with the application for grant of registration? (NIC – Mention file size limits also)

Ans. The applicant should be ready with the scanned copies of the following documents before filing the application online:

(A) Registration

  • (i) jpg file of signature of the chief functionary
  • (ii) self-certified copy of registration certificate/Trust deed etc., of the association
  • (iii) self-certified copy of relevant pages of Memorandum of Association/ Article of Association showing aim and objects of the association.
  • (iv) Activity Report indicating details of activities during the last three years;
  • (v) Copies of relevant audited statement of accounts for the past three years (Assets and Liabilities, Receipt and Payment, Income and Expenditure) clearly reflecting expenditure incurred on aims and objects of the association and on administrative expenditure;

(B) Prior Permission

  • (i) jpg file of signature of the chief functionary
  • (ii) self-certified copy of registration certificate/Trust deed etc., of the association
  • (iii) duly signed Commitment Letter from Donor.
  • (iv) If functioning as editor, owner, printer or publisher of a publication registered under the Press and Registration of Books Act, 1867, a certificate from the Registrar of Newspapers for India that the publication is not a newspaper in terms of section 1(1) of the said Act.
  • (v) Fee of Rs. 2000/- is to be paid online through payment gateway

 Whether the certificate of registration is to be renewed?

Ans As per Section 16 of FCRA, 2010 every person who has been granted a certificate of registration under Section 12 thereof shall have such certificate renewed within six months before the expiry of the period of the certificate.

 

 


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