FCRA Department comes under the Ministry of Home Affairs. FCRA Registration is optional for NGO / Trust / Section 8 Company. In order to regulate the foreign contribution or foreign hospitality received by any individual, association or company the Government has consolidated all the laws & regulations relating to such transactions. For this purpose Foreign Contribution (Regulation) Act, 2010 was enacted. This was done to create a transparent mechanism for individuals & organizations through E-governance of FCRA related activities. This transparent system was created to discourage any detrimental activities which can be against national interest.
FCRA Registration can be categorized in two types, one is proper FCRA registration and other is prior permissions. Apart from the eligibility criteria defined for the applicants, period of existence of the applicant organization is also a determining factor for deciding the Category of FCRA registration. Following are the specifications determining the type of FCRA registration.
1. Proper FCRA Registration - In order to be eligible to apply for proper FCRA registration, following are the minimum requirements:
2. Prior Permission - On the other hand, if a newly registered organization is willing to receive any kind of foreign contribution then it can apply for prior permission. Following are the minimum requirements:
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The applicant must be a non-profit organization registered and operating under any of the following statutes:
- Under Indian Trusts Act, 1882 as registered Trusts or
- Under Societies Registration Act, 1860 as registered Society or
- Under Companies Act, 2013 as a Section 8 Company etc.
Along with the organizational registration, following pre-conditions are also required to be satisfied by the applicant to receive foreign contribution:
- The applicant institutions must have been set up with charitable objective of serving the society in any manner like promotion of health, education, art, cultural, religious, sports etc.
- The organization must not have been prohibited as per Section 3 of the Foreign Contribution (Regulation) Act, 2010.
- FCRA Registration is granted after proper assessment of application by the authorities.
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