Prior permission form for receiving fund from foreign countries

FCRA Registration

This newsletter focusses on How to take prior permission form for receiving fund from foreign countries, Let’s understand this by the following Key points…

Requirement

This is required to be taken at time of taking funds from the foreign sources, it is mandatory as per FCRA Act 2010

Eligibility Criteria
  • A ‘person’, as defined in FCRA, 2010, having a definite cultural, economic, educational, religious, or social programme can receive foreign contribution after it obtains the prior permission of the Central Government, or gets itself registered with the Central Government.
  • HUF
  • Association like Trust, Society and Section 8 Company.

NOT ELIGIBLE

  • A candidate for election
  • Correspondent, columnist, cartoonist, editor, owner, printer, or publisher of a registered newspaper
  • Judge, government servant or employee of any Corporation or any other body controlled on owned by the Government.
  • Member of any legislature; Political party or office bearer thereof
  • Organization of a political nature as may be specified under sub-section (1) of Section 5 by the Central Government
  • Association or company engaged in the production or broadcast of audio news or audio-visual news or current affairs program through any electronic mode, or any other electronic form as defined in of Section 2(i)(r) of the Information Technology Act, 2000 or any other mode of mass communication.
  • Correspondent or columnist, cartoonist, editor, owner of the association or company referred to above point..
Documents required to obtain Prior Permission
Self-certified Registration Certificate of Association
Self-certified Memorandum of Association/Trust Deed
Project Report for which FC will be received
Commitment Letter from the donor organisation and agreement
Seal of the Association

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 of last three years from the date of submission of application.

Validity and Fee Norms

Central government will grant prior permission within 90 days from the submission, if not they will communicate the reasons to the applicant,

At time of registration payment of Rs.2000 and Rs.1000 at time of obtaining prior permission form must be made

Grounds on which it will be rejected
  • If the association is not in existence for three years at least.
  • If the association has not carried on any activity in its chosen field during the last three years.
  • If the source of foreign contribution is found to be adverse to the interests of the country.
  • if the association has links with any banned organizations.
Procedure to take Prior Permission Form
  • Go to Ministry of home affairs website, http://fcraonline.nic.in
  • Login account with login-id password
  • Fill Electronic Form FC-3B which is an application for FCRA Prior Permission
  • Upload required documents for Prior Permission (list of documents provided below)
  • Pay Fees of Rs. 1,000 and print the Application.

Disclaimer:

“Information contained herein is for informational purposes only and should not be used in deciding any particular case. The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Though utmost efforts have been made to provide authentic information, it is suggested that to have better understanding and obtaining professional advice after thorough examination of particular situation.”

Prepared by, Nitisha PN
(Article assistant)

Prepared On:
8/05/23



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