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Fcra Annual Returns

Every certificate of registration issued to a organisation shall be liable to be renewed after the expiry of five years from the date of its issue on proper application.

Every organisation shall apply to the Central Government in Form FC-5, six months before the date of expiry of the certificate of registration, for its renewal.

A organisation implementing an ongoing multi-year project shall apply for renewal twelve months before the date of expiry of the certificate of registration.

An application made for renewal of the certificate of registration shall be accompanied by a fee of Rs.500/- (Five Hundred only).

The fee for renewal of the certificate of registration 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.

In case no application for renewal of registration is received or such application is not accompanied by the requisite fee, the validity of the certificate of registration of such organisation shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of registration.

If the validity of the certificate of registration of a organisation has ceased in accordance with the provisions of these rules, a fresh request for the grant of a certificate of registration may be made by the organisation to the Central Government as per the provisions of rule 9. In case a organisation provides sufficient grounds, in writing, explaining the reasons for not submitting the certificate of registration for renewal within the stipulated time, his application may be accepted for consideration along with the requisite fee, but not later than four months after the expiry of the original certificate of registration.(Declaration of Undertaking format Annexure-1)

Time Limit For Making Application For Renewal Of Registration

Every organisation shall apply to the Central Government in Form FC-5, six months before the date of expiry of the certificate of registration, for its renewal.

An organisation implementing an ongoing multi-year project shall apply for renewal twelve months before the date of expiry of the certificate of registration.

FCRA Renewal extended upto 30th June 2016

Q.1 Whether the certificate of registration is to be renewed?
Ans As per Section 16 of FCRA, 2010 every person who has been granted a certificate of registration under Section 12 thereof shall have such certificate renewed within six months before the expiry of the period of the certificate.

Q.2 What is the process for renewal of registration?
Ans. Association which desire to renew their registration certificate may apply online in Form FC-3 six months before the expiry of their existing registration.

Q.3 When should an Association which has been granted registration under FCRA 1976 apply for renewal of registration?
Ans. Since registration granted to Associations under the repealed FCRA, 1976 shall be valid up to 30th April, 2016, such Associations should have applied for renewal of their registration six months before the date of expiry of the validity, that is, on or before 31st October, 2015. Renewed certificate will be valid for a period of five years with effect from 01-05-2016.

Q.4 What are the documents to be uploaded for renewal of registration?
Ans. Signature of Chief Functionary, seal of the association, registration certificate of the association Memorandum of Association/ Trust Deed, Self certified copy of registration are to be uploaded for renewal of registration.

Q.5 What happens if the association does not apply online for renewal of FCRA registration?
Ans. The existing registration under FCRA, 2010, will cease from the date of completion of the period of five years from the date of grant of registration. In such a case, the association has to apply afresh for grant of registration.

FC Annual Returns

Q.1 Is online submission of annual returns mandatory?
Ans. Yes. Annual returns are to be filed online at fcraonlineservice.nic.in. No hard copy of the returns shall be accepted in FCRA Wing of Ministry of Home Affairs.

Q.2 What is the last date for online filing of returns?
Ans. The return is to be filed online for every financial year (1st April to 31st March) within a period of nine months from the closure of the year i.e. by 31st December each year.

Q.3 What is the procedure for filing Annual Returns?
Ans. An association permitted to accept foreign contribution is required under law to maintain separate set of accounts and records exclusively for the foreign contribution received and submit an annual return, duly certified by a Chartered Accountant, giving details of the receipt and purpose-wise utilization of the foreign contribution. The return is to be submitted online, in prescribed Form FC-4, duly accompanied with the balance sheet and statement of receipt and payment, which is certified by a Chartered Accountant. Submission of a 'NIL' return, even if there is no receipt/utilization of foreign contribution during the year, is mandatory. However, in such case, certificate from Chartered Accountant, audited statement of accounts is not required to be uploaded. For further details, please refer to Sections 17, 18 and 19 of FCRA, 2010 and Rule 17 of FCRR, 2011.

FAQs on FCRA

The most common way in which CSR is administered in India, however, is through the company's own foundation or trust. These trusts should get FCRA registration before accepting any grant or donation from the mother company.

If the foundation contracts another NGO, the latter should have FCRA registration or prior permission. Secondly, the CSR grant and the interest on these funds will be foreign contribution. All the usual FCRA restrictions come into play. These funds cannot be given to political parties, media, and government officers. FCRA does not cover use of facilities without charge, or volunteering. It also leaves out some receivers such as hospitals.

b) FCRA Registration is Mandatory for Indian NGOs/NPOs to take Foreign Fund/Grant
c) If the company works directly with beneficiaries, then no FCRA is required

d)What are the consequences of suspension of the registration certificate granted to a person under FCRA?
A person whose FCRA registration certificate has been suspended:

(1) Cannot receive any foreign contribution during the period of suspension of certificate; provided that the central government specifically approves it on a case by case basis

(2) Cannot utilize the unutilized FC in his custody without the prior approval of the Central Government. Even in this case, only up to twenty-five per cent of the unutilised amount may be spent, with the prior approval of the Central Government, for the declared aims and objects for which the foreign contribution was received. The remaining seventy-five per cent of the unutilised foreign contribution shall be utilised only after revocation of suspension of the certificate of registration.

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