Revised / new conditions for FCRA registration u/s 12 (4)(b). FCRA Amendment Rules 2020
The Home Ministry has notified the Foreign Contribution (Regulation) (Amendment) Rules, 2020. The amendment has made many changes to the the Foreign Contribution (Regulation) Rules, 2011.
Recently, the Ministry had amended The Foreign Contribution (Regulation) Act, 2010 by notifying the Foreign Contribution (Regulation) Amendment Act, 2020 and had notified the procedure for opening & operating the designated FCRA Account
One of the significant amendment is revised conditions for FCRA registration. As per new condition for FCRA Registration, the institution seeking FCRA registration should be in existence for three years and must have spent a minimum amount of rupees fifteen lakh on its core activities for the benefit of society during the last three financial years.
Also, criteria have been prescribed for a person seeking prior permission for receipt of specific amount from a specific donor for carrying out specific activities or projects.
It has been provided that if application for renewal of FCRA registration is not received or not accompanied by requisite fee before the expiry of the validity of the certificate of registration, the validity of the certificate of registration shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of certificate of registration. In such cases the amount of foreign contribution lying unutilised in the FCRA Account shall vest with the prescribed authority.
The following format of chartered accountant certificate have been prescribed for annual return
I have audited the account of (name of person/association and its full address including State, District and Pin Code, if registered society, its registration number and State of registration) for the financial year ending the 31st March and examined all relevant books and vouchers and certify that according to the audited account:
(i) the brought forward foreign contribution at the beginning of the financial year was Rs. …………;
(ii) foreign contribution of /worth Rs. ………… was received by the person/association during the financial year;(iii)interest accrued on foreign contribution and other income derived from foreign contribution or interest thereon of / worth Rs…………… was received by the person/association during the financial year;(iv)the balance of unutilised foreign contribution with the person/association at the end of the financial year was Rs.;
(v) certified that the person/association has maintained the accounts of foreign contribution and records relating thereto in the manner specified in section 19 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) read with rule 17 of the Foreign Contribution (Regulation) Rules, 2011.
(vi) the information in this certificate and in the enclosed balance sheet and statement of receipt and payment is correct as checked by me/us.
(vii) the person/association has utilised the foreign contribution received for the purpose(s) it is registered/ granted prior permission under the Foreign Contribution (Regulation) Act,2010 (42 of 2010).
Place: Date:
Signature of chartered accountant
(Seal, address and registration number)
The amendment prescribed filing of electronic forms for each prescribed event. Accordingly, the following FORMS have been substituted:
| FORM FC-1 [See rules 6, 17 and 18] |
Intimation to the Central Government of receipt of foreign contribution by way of gift from relative by an individual / foreign contribution in the form of articles/ securities/ by a candidate for election |
| FORM FC-2 [See sub-rule (1) of rule 7] |
Application for seeking prior permission of the Central Government to accept foreign hospitality |
| FORM FC –3C Rule 12(a) |
Application for ‘renewal’ under section 16 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for the acceptance of foreign contribution by an person/association having definite cultural, economic, educational, religious or social programme. |
| FORM FC –4 Rule 17 |
Annual Return |
| Form FC-6A Rule 9 and 17A |
Intimation under rule 9 and rule 17 A to the Central Government regarding Change of name / address in respect of the person/association granted registration/ prior permission |
| FORM FC-6B Rule 9 and 17A |
Intimation under rule9 and rule 17A of the FCRA Rules to the Central Government regarding Change of nature, aims and objects and registration with local/relevant authorities in respect of the person/association granted registration/ prior permission |
| Form FC-6C Rule 9 and 17A |
Intimation of the designated “FCRA Account” in the State Bank of India, New Delhi Main Branch, 11, Sansad Marg, New Delhi and change of another “FCRA Account” of choice, if any, under section 17 in respect of the person/ association granted registration/ prior permission under the Act |
| FORM FC-6D Rule 9 and 17A |
Intimation to the Central Government regarding opening of additional FC-utilisation account in respect of the person/association granted registration/ prior permission |
|
FORM FC-6E |
Intimation to the Central Government regarding Change in key members in respect of the person/association granted registration/ prior permission |
|
FORM FC –7 |
Application for surrender of certificate of registration |
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