Eligibility criteria for FCRA Registration and Renewal Process of FCRA Registration 

Introduction

Section 6(1) of the FCRA (Foreign Contribution Regulation Act), 2010 requires charitable trusts, societies, and Section 8 companies that receive foreign contributions or donations from foreign sources to register. The FCRA registration certificate is valid for 5 years, so a recipient must go through the FCRA Renewal process before it expires, in order to receive foreign contribution. Don’t worry if you were not familiar with the FCRA Renewal term, this article will help you through the Renewal process for FCRA Registration.

Overview of FCRA Renewal

Any application for renewal of a certificate of registration must be submitted to the Central Government in electronic mode through FC-3C Form within 6 months before the existing registration expires. The new FCRA 2010 has limited the registration certificate’s validity to 5 years. Anyone applying for Renewal must have an FCRA Account, that means a bank account with the State Bank of India, Main Branch, at New Delhi.

Existing registrations under the FCRA, will expire five years after the date of grant of registration and will be ineligible for foreign contribution. In this case, the association must apply for registration again. As of the certificate’s expiration date, such organization cannot accept new foreign contributions or use existing foreign contributions until the certificate is renewed.

Eligibility Criteria for  FCRA Registration

Organizations that want to receive foreign contributions for specific cultural, social, economic, educational, or religious programmes can apply for FCRA registration or use the “prior permission” route. An FCRA applicant should preferably be a Trust, Society, or Section 8 Company. The not-for-profit entity must also have been in operation for at least three years prior to filing the FCRA application and must not have received any foreign contributions prior to that without the approval of the government.

Furthermore, the entity seeking registration must have spent at least Rs.10,000/- this amount on its aims and objectives in the previous three years, excluding administrative expenses. Statements of Income and Expenditure for the last three years, duly audited by a Chartered Accountant, must be submitted to demonstrate that it meets the financial parameters. If a newly registered entity wishes to receive foreign contributions, the Ministry of Home Affairs can grant approval for a specific activity, purpose, and source via the Prior Permission (PP) route.

Consequences if the Certificate of FCRA Registration is no longer valid

According to the amended rules, if the certificate of registration has expired, the organization cannot receive new foreign contributions or use existing foreign contributions until the certificate is renewed. As a result, in all cases where

• A registration application could not be submitted or,
• Renewal applications are not accompanied by the necessary fees or documentation.
• The renewal application is being processed.

The amount of foreign contribution lying unutilized in the FCRA Account and utilization account of a person whose certificate of registration is deemed to have ceased under sub-rule (6) and assets, if any, created out of the foreign contribution shall vest with the prescribed authority under the Act until the certificate is renewed or fresh registration is granted by the Central Government, according to rule 6A. Rule 6 applies when an application for renewal is not submitted before the certificate’s expiration date, or when an application is submitted but the required fees are not submitted.

Renewal Process of FCRA registration

FCRA registration is valid for five years after it is granted. To keep the registration valid, an application for renewal of FCRA registration can be made 6 months before the expiry date.

• From the FCRA Online Forms, select Application for Renewal of FCRA Registration.
• When you click on Application for Renewal of FCRA Registration, you will be taken to the next page. Click here to apply online.
• Log in to the FCRA portal using your user ID and password.
• From the ‘I am applying for’ drop-down menu, select FCRA renewal.

Important Note: After completing the preceding steps, you must repeat the process you used to register for FCRA (Foreign Contribution Regulation Act)

• ‘Click here to Proceed New Registration’ to continue registration.
• Click on the FC3 Menu in the title bar to register for the proceedings step by step.
• Choose Association Details from the drop-down menu. The association detail form will appear. Enter all mandatory information.
• To save data, click the submit button.
• Now navigate to the Executive Committee Form by selecting the Executive Committee option from the menu bar.
• Enter all information about the Executive Committee.
• Select ‘Add details of Key Functionary’. You can now edit/delete/add Executive Committee Details of Information.
• To add more foreigner details, check the box next to the record you want and click the Add/View button.
• A new screen will be displayed; enter any relevant foreigner information. You can Edit/Delete a Record by selecting the appropriate option.
• You must enter your EC details and other information. Choose this option from the drop-down menu.
• After entering all of the EC’s mandatory information, click the Save button.
• You must now enter your bank information, including the bank’s name, IFSC code, account number, and address.
• To provide all additional information, select Other Details from the menu.
• You must upload all relevant documents in PDF format.
• Select final submission from the menu bar. You must declare the application form, enter the location and date, and then click on the final submit button.
• When you have finally submitted, a pop-up window will appear; click OK.

Important Note: You cannot change application details after they have been submitted.

• The payment screen will be displayed after clicking the Make Online Payment button in the menu bar.
• When you click the Continue for Payment button on this screen, a new screen will appear. Click on payment after selecting the payment gateway.

Conclusion

If the Ministry of Home Affairs rejects the renewal application, the foreign contribution and assets created from foreign sources will be in the custody of the person/association, who will then use and manage the foreign contribution and assets in accordance with the central government’s direction. As a result, it is best to renew your FCRA Registration within a given time frame, that is of 6 months. So that you do not have to worry about the consequences.