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RBI Compliance w.r.t Foreign Funding/Investment

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    RBI Compliance w.r.t Foreign Funding/Investment

    FCRA Registration for Foreign Contributions

    Organizations planning to receive foreign contributions for specific cultural, social, economic, educational, or religious programs must obtain FCRA registration or apply through the “prior permission” route. Eligible applicants typically include Trusts, Societies, or Section 8 Companies. The entity must have been operational for at least three years before applying and must not have received any foreign funds without prior government approval. Additionally, the organization must have spent at least Rs.10,00,000/- over the past three years on its objectives, excluding administrative expenses. To validate financial compliance, audited Income & Expenditure statements for the last three years must be submitted.

    Criteria for FCRA Registration Approval

    Once an FCRA application is submitted in the prescribed format, the following eligibility criteria are assessed before granting registration:

    • The applicant entity or individual must not be fictitious or benami.
    • There should be no record of prosecution or conviction for coercive religious conversion.
    • The applicant must not have been involved in creating communal disharmony.
    • There should be no history of fund misutilization or diversion.
    • The entity must not engage in seditious activities or advocate violence.
    • Foreign contributions must not be used for personal gains or undesirable purposes.
    • The applicant must not have contravened any FCRA provisions.
    • The entity must not have been prohibited from accepting foreign contributions.
    • If the applicant is an individual, they must not have any pending prosecution or prior convictions.
    • If the applicant is an organization, none of its directors or office bearers should have pending prosecutions or prior convictions.

    Additionally, foreign contributions must not adversely impact:

    • India’s sovereignty and integrity
    • National security, strategic, scientific, or economic interests
    • Public interest or the fairness of elections
    • Friendly relations with foreign states
    • Religious, racial, social, linguistic, or regional harmony

    Foreign contributions must not incite offenses or endanger lives or physical safety.

    Applying for FCRA Registration

    To apply for FCRA registration, Form FC-3 must be submitted along with the following documents:

    • Self-certified copy of the entity’s registration certificate/Trust deed
    • Self-certified copy of the Memorandum of Association/Articles of Association outlining the entity’s objectives
    • Activity report detailing operations over the past three years
    • Audited financial statements for the past three years (Assets & Liabilities, Receipt & Payment, Income & Expenditure), reflecting expenditure on objectives and administrative costs

    Once granted, FCRA registration remains valid for five years. Renewal applications must be submitted six months before expiration to maintain validity.