Any person, if it is not registered with the Central Government, can accept foreign contribution only after obtaining the prior permission of the Central Government and such prior permission shall be valid for the specific purpose for which it is obtained and from the specific source.
Any association registered with the Central Government or granted prior permission under that section of the Foreign Contribution (Regulation) Act, 1976, as it stood immediately before the commencement of this Act, shall be deemed to have been registered or granted prior permission, as the case may be, under this Act and such registration shall be valid for a period of five years from the date on which this section comes into force.
For this purpose, the association should meet following criteria:
• Be registered under an existing statute like the Societies Registration Act, 1860 or the Indian Trusts Act, 1882 or section 8 of the Companies Act, 2013 etc.
• Any person making an application for prior permission shall have an FCRA Account i.e. a bank account with State Bank of India, Main branch, New Delhi.
• The Chief Functionary of the recipient person shall not be a part of the donor organisation;
• Seventy-five per cent. of the office-bearers or members of the governing body of the person shall not be members or employees of the foreign donor organisation;
• In case of foreign donor organisation being a single individual that individual shall not be the Chief Functionary or office bearer of the recipient person; and
• In case of a single foreign donor, seventy-five percent of the office bearers or members of the governing body of the recipient person shall not be the family members or close relatives of the donor.”;
• Submit a specific commitment letter from the donor indicating the amount of foreign contribution and the purpose for which it is proposed to be given.
Note: If Prior Permission has been approved for more than Rs. 1 crore, a certificate of 75% of utilization need to be submitted before receipt of second and subsequent installments.
Following documents are necessary for FCRA prior permission
|Name of Document
|Self-certified Registration Certificate of Association
|1 MB (PDF)
|Self-certified Memorandum of Association/Trust Deed
|Commitment Letter from the donor organisation and agreement
|Project Report for which FC will be received
|Associations has to upload affidavit of each key functionary
|Chief Functionary signature [140(Width) * 60(Height) Pixel]
|Seal of the Association [140(Width) * 60(Height) Pixel ]
The person making application for prior permission shall also keep following below mentioned information readily available while filing the application for prior permission:
• Details of the designated bank account in SBI, Sansad Marg, New Delhi
• Applicant seeking prior permission for foreign contribution for more than Rs.50, 00,000/- (Fifty Lakh rupees) shall enclose audited statements of accounts and activity report of the association for the last three years from the date of submission of application.
• Aadhar of the Board members in case of Indian members and copy of passport or overseas citizen card (OCI) in case of foreign members.