The Foreign Contribution (Regulation) Act, 2010, is intended to consolidate the law regulating the acceptance and utilization of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith. The Act extends to the whole of India, to its citizens outside India and also to associate branches or subsidiaries outside India, of companies or body corporate, registered or incorporated in India.
An application for registration of an organisation for acceptance of foreign contribution shall be made electronically on-line in Form FC-3, and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the association together with the required documents:
1. Form FC-3 duly filled in triplicate.
2. Audited statement of accounts of past three years.
3. Annual Report specifying activities of past three years.
4. If the association is a registered Trust or Society a certified copy of the registration certificate.
5. Copy of the Memorandum of Association and/or the Articles of Association as applicable.
6. List of Main objects and definite programmes for which the contribution is to be accepted / utilised.
7. Details of names and addresses of the members of the Executive Committee/Governing Council etc. of the Association.
8. Copy of any prior permission granted to the organization.
9. Copy of resolution of Governing Body of the organisation, authorizing the registration under FCRA.
10. Copy of Power of Attorney or the resolution of Governing Body by which the Chief Functionary is authorized to submit FC-3.
11. List of present members of the Governing Body of the organisation and the office bearers.
12. Copy of any Journal or other publication of the organization.
13. 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.
14. If the association has submitted any application earlier then its reference number should be mentioned.
15. If the association has received any foreign contribution with or without the prior approval of the Central Government, then the detail should be given.
16. Details of Bank along through which the foreign contribution shall be received.
17. A recommendation certificate from any competent authority.
Copy of certificates of exemption or registration issued by the Income Tax Department u/s80G and 12A.
18. The hard copy of the on-line application shall reach the Central Government within thirty days of the submission of the on-line application, failing which the request of the organisation shall be deemed to have ceased.
Any organisation whose request has ceased may make a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application. An organisation seeking registration shall be required to open an exclusive bank account to receive the foreign contribution.
The organisation may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and, in all such cases, intimation on plain paper shall be furnished to the Secretary, Ministry of Home Affairs New Delhi, within fifteen days of the opening of any account.
An application made for the grant of the registration shall be accompanied by a fee of 2000/- (Two Thousand only).
The fee shall be remitted by demand draft or banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.