.png)
- Societies Registration Act, 1860,
- Indian Trust Act, 1882, or
- Companies Act, 2013
Procedure:
The table below covers the end to end process of accepting donations from abroad:
| S. No. | Section/ Rule | Step | Particulars | Documentation |
|---|---|---|---|---|
| 1 | Rule 9(1)(f)(i) | Pre-requisites / conditions | The Association must have spent atleast Rs. 15 lakhs on its core activities for the benefit of society during the last 3 financial years | NA |
| 2 | Section 12(1A) | Opening FCRA Account | Open FCRA Account for the purpose of remittances of foreign contribution in State Bank of India, New Delhi Main Branch, 11, Sansad Marg, New Delhi-110001 | Follow Standard Operating Procedure to open and operate the FCRA Account |
| 3 | Section 12 read with Rule 9(1)(a) | Application for registration | Create an Id and make an Application for registration through online portal of FCRA, in Form FC–3A (Application for FCRA Registration) Make payment of Rs. 10,000/-. | • Registration Certificate of Association • Memorandum of Association / Trust Deed • Activity Report for the Last 3 Years • Audited Statement of accounts for the last three years • Affidavit of each key functionary • Images of Chief Functionary signature and Seal of the Association Note: Link for detailed documentation for uploading with FC-3A |
| 4 | Section 11(2), 12 read with Rule 9(1)(a) | Application for prior permission | Make an application for obtaining prior permission through online portal of FCRA, in Form FC–3B (Application for FCRA Prior Permission) Make payment of Rs. 5,000/-. | • Registration Certificate of Association • Memorandum of Association / Trust Deed • Commitment Letter from the donor organization and agreement. • Project Report for which Foreign Contribution will be received. • Affidavit of each key functionary • Images of Chief Functionary signature and Seal of the Association Note: Link for detailed documentation for uploading with FC-3B in detail |
Other Compliances:
The Association shall also adhere to following additional provisions to be fully complied with FCRA Act and Rules:
| S. No. | Section/ Rule | Heading | Particulars |
|---|---|---|---|
| 1 | Section 18 read with Rule 17 | Annual Return | Submit Form FC-4 with scanned copies of income and expenditure statement, receipt and payment account and balance sheet for every financial year beginning on the 1st day of April within nine months of the closure of the financial year |
| 2 | Rule 9(2)(f) | Commitment letter | Submit a commitment letter from the donor indicating the purpose and amount of foreign contribution |
| 3 | Rule 9(2)(f) | In case of recipient and foreign donor having common members | Prior permission shall be granted to the person subject to the following conditions, namely: - (A) the chief functionary of the recipient shall not be a part of the donor organisation; (B) 75 % of the members of the governing body of the recipient shall not be members or employees of the foreign donor; (C) in case of single foreign donor - - that individual shall not be the chief functionary or office bearer of the recipient; and - 75 % of the members of the governing body of the recipient shall not be the family members or close relatives of the donor. |
| 4 | Rule 9(3) | Lock in period | No person shall prefer a second application for prior permission within 6 months after applying for prior permission for the same project |
| 5 | Section 12(6) read with Rule 10(1) | Validity of certificate | Every certificate of registration shall be valid for a period of 5 years from the date of its issue |
| 6 | Section 7 | Prohibition on transfer of foreign contribution | No person after obtaining prior permission shall transfer foreign contribution received from a foreign source to any other person |
| 7 | Section 8(1)(b) | Administrative expenses | Maximum 20% of foreign contribution can be used for administrative expenses. |
Comments
Post a Comment