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FCRA Registration

REGISTRATION PROCEDURE UNDER FCRA  :-



Under Section 6 of FCRA, it is clearly provided that any organisation having a definite cultural/ social/ educational/ religious/ economic object shall only accept foreign contribution after satisfying two conditions :-
 

(i) It must registers itself with the Central Government.

(ii) It must agrees to receive foreign contribution only through one specific bank account.


The statutory provision
 

Provisions under section 6(1) and 6(1-A) are as under :
 

“Certain associations and persons receiving foreign contribution to give intimation to the Central Government : (1) No association [other than an organisation referred to in sub-section (1) of section 5] having a definite cultural, economic, educational, religious or social programme shall accept foreign contribution unless such association—

(a) registers itself with the Central Government in accordance with the rules made under this Act ; and

(b) agrees to receive such foreign contributions only through such one of the branches of a bank as it may specify in its application for such registration,
and every association so registered shall give, within such time and in such manner as may be prescribed, an intimation to the Central Government as to the amount of each foreign contribution received by it, the source from which and the manner in which such foreign contribution was received and the purposes for which and the manner in which such foreign contribution was utilised by it :
Provided that where such association obtains any foreign contribution through any branch other than the branch of the bank through which it has agreed to receive foreign contribution or fails to give such intimation within the prescribed time or in the prescribed manner, or gives any intimation which is false, the Central Government may, by notification in the Official Gazette, direct that such association shall not, after the date of issue of such notification, accept any foreign contribution without the prior permission of the Central Government. (I-A) Every association referred to in sub-section (1) may, if it is not registered with the Central Government under that sub-section, accept any foreign contribution only after obtaining the prior permission of the Central Government and shall also give, within such time and in such manner as may be prescribed, an intimation to the Central Government as to the amount of foreign contribution received by it, the source from which and the manner in which such foreign contribution was received and the purposes for which and the manner in which such foreign contribution was utilised by it.”


As per the provisions of Section 6 no association is entitled to receive foreign contribution unless it has either registered itself or has obtained prior permission.
Organisation must already be registered - Only those organisations are eligible for registration under FCRA, which are registered under Society Registration Act, 1860, the companies Act, 1956, the Bombay Public Trust Act, 1950 or as a public trust under general law. Though FCRA does not distinguish between registered and unregistered organisations, but the implications of section 6(1) virtually ensures that only register organisations would be able to get themselves registered as a legal entity under FCRA. Section 6(1) categorically specifies that organisation having a definite cultural, economic, educational, religious or social programme shall only accept foreign contribution. In the absence of registration and written documentation, it may not be possible for an organisation to prove definiteness of its aims and objectives.


Specification of bank branch - Sub-section (1)(b) of section 6 of FCRA further specifies that the foreign contribution should only be received from one of the branches of a bank as specified in the application. It is necessary to open a bank account designated for receipt of foreign contribution. The account can be opened with Indian funds before applying for registration. It may be noted that, subsequently, this account should exclusively remain for crediting foreign contribution only. Under no circumstance domestic contribution should be mixed in this account. This foreign contribution does not necessarily mean foreign currency or exchange, and therefore an organisation may receive foreign contribution in Indian currency as subsequently receivable or otherwise, within the scope of FCRA
Preventing acceptance of contributions - The proviso to section 6(1) states the circumstances under which the Central Government may prevent the organisation from accepting foreign contribution without prior permission. The circumstances are :

(i) the organisation receives foreign funds from an account other that the branch of the bank through which it had agreed to receive at the time of registration.

(ii) the organisation fails to give intimation within the prescribed time or in the prescribed manner.

(iii) the organisation gives any intimation which is false.


If the organisation commits any of the above-mentioned violations, then the Central Government may by notification, direct such organisation to receive foreign funds only after taking prior permission. It may be noted that the proviso to section 6(1) uses the word “may” thereby implying it to be a discretionary power in the lands of the Central Government which it has to exercise in a just and fair manner, keeping in view the facts and circumstances of each case.
Form for registration - Organisations desirous of registering themselves with the FCRA department are required to apply in Form FC-8 along with various documents.

   Documents to be filed for FCRA :-


The following documents must be filed for obtaining registration :-

1.  Form FC-8 duly filled up in triplicate.

2. Audited statement of accounts of past three years.

3.  Annual Report specifying activities of past 5 years.

4.  Detail of the beneficiaries and detail of the socio-economic factors of the region in which the NGO is working .

5. List and geographical details of the state and districts proposed for work .

6.  Certified copy of the Registration Certificate.

7. Certified copy of the Bye-laws and Memorandum and Article of Association whichever is applicable.

8.  Copy of certificates of exemption or registration issued by the Income Tax Department u/s. 80G and 12A.

9. Copy of any prior permission granted to the organisation. 

10. Copy of resolution of Governing Body of the organisation, authorising the registration under FCRA.

11. Copy of Power of Attorney or the resolution of Governing Body by which the Chief Functionary is authorised to submit FC-8.

12. List of present members of the Governing Body of the organisation and the office bearers.

13. Copy of any Journal or other publication of the organisation.

14. If the association is having any parent or sister or subsidiary organisation, which is registered under the FCRA then the registration number along with Ministry of Home Affairs file number should be mentioned.

15.  If the association has submitted any application earlier then its reference number should be mentioned.

16. If the association has received any foreign contribution with or without the prior approval of the Central Government, then the detail should be given.
It may be noted that the onus of getting registered under FCRA lies on the association and therefore before accepting foreign contribution, it is the responsibility of association to ensure all the requisite formalities are complied with and registration is granted before accepting any foreign exchange.

Comments
 L.N.POTTY November 8, 2011
We wish to inform you that, we, M/S. UNIVERSAL BROTHER HOOD TRUST-CHARITIES, CHENNAI, TAMIL NADU, HAVE REGISTERED WITH FCRA ,IN 2002 AND ALLOTTED THE FCRA REGISTRATION No.0759000751R . WE HAVE NOT RECEIVED ANY FOREIGN CURRENCY IN DONATION TILL TODAY.

WE HAVE NOT FILLED ANY RETURN OR ACCOUNTS WITH FCRA DEPT. MINISTRY OF HOME AFFAIRS SO FAR.

HENCE, WE WANT TO KNOW ABOUT OUR FCRA REGISTRATION STATUS ON ON TODAY.

PLEASE KINDLY SEND US O POSITIVE REPLY / PROCEDURE FOR ACTIVATE OUR FCRA REGISTRATION.

THANKING YOU
FOR UNIVERSAL BROTHER HOOD TRUST CHARITIES
L.N.POTTY
AUTHORISED SIGNATORY.
 L.N.POTTY May 1, 2012
Kindly let us know the status of FCRA Registration of UNIVERSAL BROTHER HOOD TRUST CHARITIES, CHENNAI
K.Ramesh March 23, 2013
Is there Any funds transferred to Universal Brother Hood Trust Chennai
v.karthik January 21, 2015
We wish to inform you that.we m/s Sri vijayalakshmi integrated rural development society,thumuluru post,guntur dt,Andhra Pradesh state.india.Have registered with fcra in 2009 and alloted the fcra registration no :010190433 .we have not received any foreign currency and donations till today.
We have not filled any return or accounts with fcra department and ministry of home affairs so far.
Hence we want to know about our fcra registration status on today.
Please send us to possitive reply /procedure for activate our fcra registration.
Thank you.
V.karthik from s.v.l.i.r.d.s
K.Ramesh October 3, 2015
Latest news of fund transfer to Universal Brotherhood Trust Chennai? Is it true ? Will it be really true of the funds?
pruthvi patel January 29, 2016
Latest news of fund transfer to u b t c?
Manoj Kumar Choudhary March 2, 2016
MR.L N POTTY PLS.SEND ME YOUR MOBILE NO
Kumar March 9, 2016
Mr. LN Potty, I received details about your case, please email me at bkumar@bk.ru to discuss further.
arvindpatel April 10, 2016
Latest news u b t c ? Issue transfer letter sbi?
Anand kumar July 12, 2016
Universal brotherhood trust Chennai, have they received funds ? Is it true,anyone knows about it
N V Natarajan UBTC August 5, 2016
Trust office is working at Chennai. Chairman R.A.Veluchamy BE,AMICE,MIE 044-26534408 cell 9382121262
sathkaival saheb edu. trust gujrat.Arvindpatel August 13, 2016
Sir, please tell me regarding our position of file.
N V Natarajan UBTC September 18, 2016
waiting for finance ministry/RBI clearance
arvind patel September 30, 2016
Rbiclearance kab tak miles ?
prakash October 15, 2016
greetings from miracle New life social welfare trust we pray for the RBI clearance and releasing order pleas tell us the current status of progress.
Anand kumar November 8, 2016
Natrajan sir please give us a hint about the time it will take for the complete procedures to release funds,many thanks
K.Ramesh, Chennai 33 November 8, 2016
Is Mr.Velusamy Devar, Chennai received the intimation of funds transfer to his "Universal Brotherhood Trust"? Lot of companies made agreement with him.
L.N.Pott November 13, 2016
send me the details
sathkaival saheb edu. trust gujrat.Arvindpatel January 15, 2017
Please tellus the current status of progress u b t c.
domnic dcosta January 23, 2017
I have been told that some funds have been received and the same is blocked by R B I.we are facilitator and would be interested in helping your trust to get these monies released if you are interested than please give us the details of the matter we will peruse the same and give a positive result in the shortest possible time you can contact me on 07715083385 regards

domnic dcosta
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