Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Foreign Contribution (Regulation) Amendment Rules, 2019

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Government , the following words shall be inserted, namely:- by uploading details electronically online ; (iii) in rule 7 , in sub-rule (1), after the word apply , the following words shall be inserted, namely:- electronically online ; (iv) in rule 9, - (a) in sub-rule (1), - (A) for clause (a), the following clause shall be substituted, namely:- (a) An application for certificate of registration by a person under sub-section (1) of section 11, for acceptance of foreign contribution shall be made electronically online in Form FC-3A and an application for obtaining prior permission by a person under sub-section (2) of section 11, for acceptance of foreign contribution, shall be made electronically online in Form FC-3B. ; (B) in clause (e), for the letters and figure FC-6 , the letters and figure FC-6D shall be substituted; (b) in sub-rule (2), in clause (e), for the letters and figure FC-6 , the letters and figure FC-6D shall be substituted; (c) in sub-rule (4), - (A) in clause (a), for the letters, figures, brackets and words ₹ 1000/- (One Thousand only) , t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Central Government of receipt of foreign contribution by way of gift from relative by an individual / Foreign Contribution in the form of Articles/ Securities/ by a candidate for Election [section 21 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)]: Sir, I, .. as an individual/ association/ company registered under Companies Act 1956/ Companies Act 2013, hereby, gives intimation of: Receipt of foreign contribution by way of gift from relative Yes/ No Foreign Contribution (Articles) Account Yes/ No Foreign Contribution (Securities) Account Yes/ No Receipt of foreign contribution by a candidate for Election Yes/ No Part A (To be filled by applicant giving intimation of receipt of foreign contribution by way of gift from relative) 1. Name of the recipient in full (in block letters): 2. Date of birth: 3. Name of Father/Spouse: 4. Contact details of the rec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eceived Nominal Value (Rs.) Market value (Rs.) Reserve Bank of India permission details Mode of Utilisation/ Disposal (if disposed to whom) (1) (2) (3) (4) (5) (6) (7) DECLARATION I hereby, declare that the above particulars furnished by me are true and correct. Place: Date: Signature of the Applicant (Name of the applicant in block letters) Official Seal Part C [To be filled for giving intimation to the Central Government of Receipt of Foreign Contribution received by a candidate for Election [section 21 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)] 1. Name in full: 2. Date of birth: 3. Name of father/spouse: 4. Contact details: (a) Address: (b) e-mail address: (c) telephone a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... : - (a) Member of Legislature (b) Office bearer of a political party (c) Judge of Supreme Court/High Court (d) Government servant (e) Employee of a Corporation or any other Body owned or controlled by Government: 9. Details of hospitality proposed to be availed: Names of cities/countries for which hospitality is to be accepted Duration of stay From/ To Purpose of visit Nature of hospitality to be accepted Duration of hospitality to be accepted Approximate expenditure to be Incurred on hospitality (Rs.) Remarks In Cash In kind (1) (2) (3) (4) (5) (6) (7) (8) 10. Hospitality availed during the last three years: [Yes/No] (a) If yes, details thereof: Names of cities/countries for which ho .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... India Gate, New Delhi-110002 ***Note: - Furnishing of Darpan ID shall be optional. Subject : Application for registration under sub-section (1) of section 11 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for the acceptance of foreign contribution by an Association having definite cultural, economic, educational, religious or social programme: Sir, I _________ , as an individual/ Hindu Undivided Family / association / company registered under Companies Act 1956 / Companies Act, 2013, furnish the following details and apply for approval of the Central Government for the acceptance of foreign contribution under sub-section (1) of section 11 of the Act for registration. 1. Expenditure incurred in last 3 years towards activities for which registration applied for [See Section 12(4)(b) of the Act] : (Rs): 2. Details of the applicant/Association: (a) Name in full: (b) Address: (c) Telephone No. of the Association (with STD code): (d) e-mail address of the association: (e) official Website address, if any: (f) Telephone and mobile .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... any If resident in India, date from which residing in India (1) (2) (3) (4) (5) (6) (7) 7. Amount of fee paid (Rs.): 8. Whether any current Key functionary of the Association has, in the discharge of his/her official functions or private conduct: (a) been convicted by any court of law: (b) under prosecution for any offence pending against him/her: (c) been found guilty of diversion or mis-utilisation of funds of the Association or any other Association in the past: (d) has been prohibited from accepting foreign contribution: (e) is a current Key functionary of any other association: (f) is a current Key functionary of any other association against whom an order under sections 13 or 14 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) has been passed: Note: If any of the replies to (a) to (f) above is yes , then full details of the case must be .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Contribution (Regulation) Act, 2010 (42 of 2010) in the past, and if so, details thereof: (iii) the Association has close links with any another Association(s), or its unit(s) or branches, which has been: (a) refused registration / prior permission: (b) prohibited from accepting foreign contribution: (c) suspended or whose registration has been cancelled: (d) if answer to any of (a) to (c) is yes, please give full particulars: (iv) the association was already registered under the Foreign Contribution (Regulation) Act, 2010 and the registration is cancelled/ deemed to have been ceased, if so details thereof: (a) Registration No. (b) Date of Registration (c) Annual Returns submitted (year-wise): Yours faithfully, [Name of the Chief Functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Association) Declaration and Undertaking (a) I hereby declare that the information furnished above is true and correct; and (b) I undertake that the receipt of foreign contribution and its utilisa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on: 3. Nature of Association: (a) religious (b) cultural (c) economic (d) educational (e) social Note: If a religious Association, state whether (a) Hindu (b) Sikh (c) Muslim (d) Christian (e) Buddhist (f) Others. 4. Main aim(s) and object(s) of the Association (enclose self-certified copy of relevant pages of the Memorandum of Association and/or the Articles of Association, showing aims and objects of association): 5. (a) Details of the key functionaries of the Association: Name Name of father/ spouse Nationality Aadhaar Number* PAN Occupation Designation in the Association Relationship with other Member(s) of the Executive Council / Governing body / Office bearers Contact Details: Office Address; Residential Address; e-mail address; Landline no.; mobile no. (1) (2) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (c) has been directed in terms of clause (d) of section 9 of the Act to seek prior permission by the Central Government. If so, the number and date of the relevant order: (d) had earlier been proceeded against as per provision of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976)/ the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), if so, the details thereof: 9. Details of designated FC bank account for receipt of Foreign Contribution: Name of the Bank Branch Address (with PIN code) e-mail IFSC Code Account No. Date of Opening Account (1) (2) (3) (4) (5) (6) 10. (i) (a) If granted prior permission in past to receive foreign contribution, number and date of sanction: (b) Date of submission of yearly accounts thereof: (ii) Whether: (a) the Association has received foreign c .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Chief Functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Association) Declaration and Undertaking (a) I hereby, declare that the information furnished above is true and correct; and (b) I undertake that the receipt of foreign contribution and its utilisation shall not be violative of any of the provisions of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) and the rules, notifications or orders issued thereunder from time to time. Place: Date: [Name of the Chief Functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Organisation/Association) Note: Applicant seeking prior permission for foreign contribution for more than ₹ 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. FORM FC 3C [See rule 12 (2)] No _________ Date__________ Darpan ID*** _________ The Secretary to the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Note: If a religious Association, state whether (a) Hindu (b) Sikh (c) Muslim (d) Christian (e) Buddhist (f) Others. 4. Main aim(s) and object(s) of the Association: (enclose self-certified copy of relevant pages of the Memorandum of Association and/or the Articles of Association, showing aims and objects of association): 5. (a) Details of the key functionaries of the Association: Name Name of father/spouse Nationality Aadhaar Number* PAN Occupation Designation in the Association Relationship with other Member(s) of the Executive Council / Governing body / Office bearers Contact Details: Office Address; Residential Address; e-mail address; Landline no.; mobile no. (1) (2) (3) (4) (5) (6) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (42 of 2010) has been passed: Note: If any of the replies to (a) to (f) above is yes , then full details of the case shall be given. 8. Whether the applicant Association: (a) is a branch / unit / associate of a foreign based organisation or another association already registered or granted prior permission under the Act. If so, name, address of the organization and registration number/ prior permission number and date: (b) attracts section 10 of the Act and if so, details of the order passed by the Central Government under sub-section (3) of section 11 of the Act: (c) has been directed in terms of clause (d) of section 9 of the Act to seek prior permission by the Central Government. If so, the number and date of the relevant order: (d) had earlier been proceeded against as per provision of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976)/ the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), if so, the details thereof: 9. (a) Details of designated FC bank account for receipt of Foreign Contribution: Name of the Bank Branch .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (iii) the Association has close links with any another Association(s), or its unit(s) or branches, which has been: (a) refused registration / prior permission: (b) prohibited from accepting foreign contribution: (c) suspended or whose registration has been cancelled: (d) if answer to any of (a) to (c) is yes, please give full particulars: Yours faithfully, [Name of the Chief Functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Association) Declaration and Undertaking (a) I hereby, declare that the information furnished above is true and correct; and (b) I undertake that the receipt of foreign contribution and its utilisation shall not be violative of any of the provisions of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) and the rules, notifications or orders issued thereunder from time to time. Place: Date: [Name of the Chief Functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Organisation/Association) FORM FC 4 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (1) (2) (3) (4) (5) (6) (7) (b) Cumulative purpose-wise amount of all foreign contribution donations received: 3. Details of utilisation of foreign contribution: (a) Details of activities/projects for which foreign contribution has been received and utilised (in rupees) Sl. No. Name of project/ activity Address/ Location Previous balance Receipt during the year Utilised Balance In cash In kind In cash In kind In cash In kind In cash In kind (1) (2) (3 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Total (e) Total utilisation in the year (Rs.) (b+c+d): 4. Details of unutilised foreign contribution: (i) Total FC invested in term deposits (Rs.): Sr. No. Details Total (in Rs.) (i) Opening Balance of FD (ii) FD made during the year (iii) Less: realisation of previous FD Closing balance of FD (ii) Balance of unutilised foreign contribution, in cash/bank, at the end of the year (Rs): (a) Cash in hand: (b) in FC designated bank account: (c) in utilisation bank account(s): 5. Details of foreigners as Key functionary/working/associated: 6. Details of Land and Buildings .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... erson/President/Secretary/CEO/MD) in block letters] (Seal of the Association) Certificate to be given by Chartered Accountant I/We have audited the account of (name of ___________Association and its full address including State, District and Pin Code, if registered society, its registration number and State of registration) for the financial year ending the 31st March _____and examined all relevant books and vouchers and certify that according to the audited account: (i) the brought forward foreign contribution at the beginning of the financial year was Rs.___; (ii) foreign contribution of / worth Rs. ____was received by the Association during the financial year ____ ; (iii) interest accrued on foreign contribution and other income derived from foreign contribution or interest thereon of/worth Rs. ____ was received by the Association during the financial year _____ ; (iv) the balance of unutilised foreign contribution with the Association at the end of the financial year ____was Rs.____ ; (v) Certified that the Association has maintained the ac .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Registration number, date and place of registration: ( self-certified copy of the registration certificate to be enclosed ) 3. Details of the recipient /transferee (in case of an individual): (i) Name in full: (ii) Contact Details: (a) Address: (b) Official Telephone No. of the individual (with STD code): (c) Official e-Mail address: (d) Telephone and mobile number of the individual (with STD code): (iii) PAN (Permanent Account Number) of the individual: (iv) Aadhaar Number (Optional): 4. Amount of Foreign contribution to be transferred: 5. Purpose for the proposed transfer of foreign contribution: 6. Bank details and exclusive FCRA designated account number opened by the recipient, in which FC is proposed to be transferred: Name of the Bank Branch Address (with PIN code) IFSC Code Account No Date of Account Opening (1) (2) ( .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... regarding Change of name and/ or address within the State the association) (i) Amended/ changed name of the association as recorded with local/ relevant authority: (ii) Amended/ changed address within the State of the association as recorded with local/ relevant authority: (self-certified copy of amendment approved by local/relevant authority to be enclosed) I hereby affirm that the information furnished above is true and correct and: (a) Change of name and/ or address within the State of the association has been duly recorded with the concerned registering authority: (b) The resolution of the governing body has been passed before effecting the changes: (c) None of the key members has been appointed in violation of sub-section (4) of section 12 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010). (strike out whichever is not applicable). [Name of the Chief Functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Association) FORM FC-6B [See rule 9 and 17A] Darpan ID*** ____ The .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 2010 (42 of 2010). (strike out whichever is not applicable) [Name of the Chief Functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Association) FORM FC-6C [See rule 9 and 17A] Darpan ID*** The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) Major Dhyan Chand National Stadium India Gate, New Delhi-110002 ***Note: - Furnishing of Darpan ID shall be optional. Subject: Intimation under rule 9 and rule 17A of the Foreign Contribution (Regulation) Rules, 2011 to the Central Government regarding Change of designated FC receipt-cum-utilisation bank account in respect of the association granted registration/ prior permission under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010): Sir, I, .. as an individual/ association/ company hereby submit the following intimation as required under rule 17A of the Foreign Contribution (Regulation) Rules, 2011: Change of designated bank/ branch/ bank account number of designated .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Rules, 2011 to the Central Government regarding opening of additional FC-utilisation account in respect of the association granted registration/ prior permission under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010): Sir, I, .. as an individual/ association/company hereby submit the following intimation as required under rule 17A of the Foreign Contribution (Regulation) Rules, 2011: Opening of additional FC-utilisation Bank Account for the purpose of utilisation of foreign contribution 1. FCRA Registration/ Prior Permission number and date of the association: 2. Official telephone number of the association: 3. E-mail address of the association: 4. Telephone/ mobile number of the Chief Functionary of the association: (To be filled by applicant giving intimation of opening of Utilisation Bank Account(s) for the purpose of utilization of foreign contribution) Name of the Bank Branch Address e-mail IFSC Code Utilisation .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of the association after change in fifty per cent. or more of the original key members, as reported in the application for grant of registration/prior permission/renewal of registration of the association under the Foreign Contribution (Regulation) Act, 2010: Name Name of father/ spouse Nationality Aadhaar Number* PAN Occupation Designation in the Association Relationship with other Member(s) of the Executive Council / Governing body / Office bearers Contact Details: Office Address; Residential Address; e-mail address; Landline no.; mobile no. (1) (2) (3) (4) (5) (6) (7) (8) (9) *Note: - Furnishing of details of Aadhaar number in column (4) sha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates