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Foreign Contribution Regulation Act "FCRA" Compliances

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Foreign Contribution Regulation Act "FCRA" Compliances
Rajeev Jain By: Rajeev Jain
March 31, 2023
All Articles by: Rajeev Jain       View Profile
  • Contents

The application compliances towards donation received under FCRA, 2010 is given as under:

(Assumes that registration and other compliances are completed in the order) 

  • FCRA Compliances includes Annual return in Form FC-4 along with statement of receipt and payment account & balance sheet duly certified by CA shall be submitted annually online by 31st of Dec every year.
  • Records & Proper books of account shall be maintained
  • Even if there is no utilization or receipt of Foreign contribution, then also required to submission of nil FCRA return is Compulsory for proper compliance under FCRA.
  • FCRA Compliance are mandatory in nature & any violation thereof may lead to Imprisonment or penalty or both as per the provisions of the FCRA act. From Bank's Point of View Banks are needed to report 2 kinds of transactions to Govt.

Below Main Online FCRA Forms are needed to be filed under FCRA

S. No.

Kind of FCRA Form

Filing Due Date

Nature

Purpose

1-

FC-1

(Part-D)

Within 45 days of being nominated

Intimation

If Any Election Candidate has received any Foreign Contribution during 180 days prior to being nominated. There is no minimum amount limit.

(Election candidates are prohibited of taking any Foreign Contribution)

2-

Form FC- 1

(Part-B)

31st Dec in the Next year end of the year

Intimation

Providing   information  about Securities received during the year

3-

FC-1

(Part-B)

31st Dec in next year end of the year

Intimation

Providing information about AOA received during the year

4-

Form FC- 1

(Part-A)

Within 30 days of receipt

Intimation

For informing the Govt about receiving large gifts from relatives (Who are Foreign Citizen). This applies to all individuals and HUFs. The cut-off is INR 1,00,000/- in 1 FY.

(Person has to file this intimation for each receipt after crossing INR 1,00,000/- during the FY)

5-

FC-2

14 days in advance

Permission

Persons     holding      public office should apply in form FC-2 before accepting foreign hospitality. There is no lower cut- off, though a dinner invitation or a lift is exempt.

6-

Form FC- 3

(Part – B)

Not applicable (Normally takes 3 to 6 months to get Prior permission)

Permission

Persons who cannot get FCRA registration should apply for prior- permission.

(Prior permission is linked to specific project of NGOs and for a specified sum of Foreign Contribution. Via Foreign contribution may be received in installments)

7-

FC-3

(Part – A)

Not applicable (Normally takes 4 to 6 months to get registered)

Permission

Persons who want to accept foreign contribution regularly should apply in form FC-3 for registration.

(Normally NGOs having a proven track record of 3 years & have spent INR 10 Lakhs or more for the object of the trust)

8-

Form FC- 3

(Part – C)

Ideally 5-6

months before expiry

Permission

The FCRA registration is valid for Five Years only so need to apply for renewal in FC -3 Part C

9-

FC-5

Before transferring such contribution

Permission

Any FCRA registered person who intends to transfer foreign contribution to any unregistered person.

10-

FORM FC-4

(Includes Auditor’s report)

31st     Dec Following the end of the year.

Annual Return

Form FC-6 is an annual report on how much foreign contribution has been received and used during the financial year. This includes contribution in money as well as in kind.– To be filed by FCRA registered person or having prior permission persons

11-

FC-6

Within 15 days of change

Intimation

Any FCRA registered person who wants to change Association name or Designated bank account or Utilization Bank Account or more than 50% of Key members.

We hope the above compliances are useful for reader.

 

By: Rajeev Jain - March 31, 2023

 

 

 

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