By CA Ved Mittal 205, Jagdamba tower Preet Vihar Delhi Contact ,

Transcription

1 By CA Ved Mittal 205, Jagdamba tower Preet Vihar Delhi Contact ,

2 FCRA-2010 based on draft FCRA Bill With a view to regulate the acceptance, utilisation and accounting of foreign contributions. Acceptance of foreign hospitality by a person or Association. To prohibit acceptance and utilisation of foreign contribution or foreign hospitality. To regulate the activity detrimental to the national interest. To replace the FCRA-1976.

3 Individual H.U.F. Association (Society Registered Under society registration Act 1860) and Charitable Trust (Registered under Indian Trust Act 1882), etc. Section 8 Companies

4 Prior Permission New Registration Renewals All are applied in Form no FC-3

5 Registration Certificate of the Association. Memorandum of Association / Trust Deed. Commitment Letter From the Doner organization and Doner Details. Project Report for which FC will be received. Fee to be paid Rs 1000/- by online.

6 Registration Certificate of the Association. Memorandum of Association / Trust Deed. Activity Report for the Last 3 Year. Should have spend atleast Rs. 10 Lakhs on Activities in last 3 Financial Years. Audited Accounts statement for Last 3 Year. Fee to be paid Rs 2000/- by online.

7 Registration Certificate of the Association. Memorandum of Association / Trust Deed. FCRA Registration Certificate of Association issued by Ministry of Home Affairs. Fee to be paid Rs 2000/- by online only. No pendency in filing of Returns and utilisation of funds.

8 Register Yourself with login ID and Password at Apply for FCRA Prior Permission / FCRA Renewal/ FCRA Registration For new. Association Details ( Name, address, Mobile no, Website etc. General Details regarding Association) Nature of Association( Religious, Cultural, Economic, Educational and Social.) Details about Executive Committee Minimum 2 members Details. Details of Designated bank account.

9 Doner commitment/ Doner Details in case of Prior Permission Accounts of Receipt and Utilisation of FC of last years in case of Renewal. Details of all utilization of Foreign Contribution in case of Renewal Upload the scanned documents in prescribed formats as required. View the application in PDF. Submit the application. Pay the Online Prescribed Fee. Take the hard copy of online application form along with all documents to be submitted MHA, Foreign Division (FCRA), NDCC-II Building, Jai Singh Road ( opposite Jantar Mantar ), New Delhi within 30 Days.

10 Check the Status on Status of pending applications for grant of registration or prior permission may be checked on-line at fcra online services using user ID and password created at the time of filing application. If the registration is cancelled, the opportunity of being heard is to be provided. Time limit for communication with regard to status of registration is 90 days. Validity of registration- 5 Years. No Physical Appearance Required. Separate books of Accounts is to be maintained for sources and utilisation of funds.

11 Any of the office bearer including Chief Functionary is a foreign national other than Indian origin If association has only a single office bearer. Association is formed for any personal gains or fund may be diverted to undesirable purpose. Association is found to be Fictitious or Benami in nature. Association has close link with another association which has been refused registration or prohibited under FCRA. Association has linked with any banned organisation. The principal officer of the association has been convicted by any court or prosecution for any offences is pending against them

12 The principal office bearer has been found guilty of organization or mis-utilisation of fund in past under FCRA. The activity are found to be aimed as conversion through inducement directly or indirectly from one religion to another. The activity are to be found to create communal tension or disharmony. The sources of foreign contribution is found to be adverse to the interest of the country. The Association has not filed the annual return, utilisation of foreign contribution within time. The Association has violated any provision of the FCRA Act in last preceding years and has not been remedied or rectified.

13 Q..Can the Government cancel the certificate of registration granted to a person under FCRA? A..Yes. Central Government may cancel the certificate, after carrying out an inquiry, on the following grounds (a) the holder of the certificate has made an incorrect/false statement in the application for the grant of registration or renewal (b) the holder of the certificate has violated any of the terms and conditions of the certificate or renewal thereof (c) in the opinion of the Central Government, it is necessary in the public interest to cancel the certificate (d) the holder of the certificate has violated any of the provisions of this Act or rules or order made there under. (e) if the holder of the certificate has not been engaged in any reasonable activity in its chosen field for the benefit of the society for two consecutive years or has become defunct. NOTE Any person whose certificate has been cancelled under this section shall not be eligible for registration or grant of prior permission for a period of three years from the date of cancellation of such certificate.

14 Q..Can the Government suspend the certificate of registration? A..Yes. Whenever the Central Government is satisfied that pending consideration of the question of cancelling the certificate on any of the grounds mentioned above, it is necessary so to do, it may suspend the certificate for a not exceeding one hundred and eighty days Q..What are the consequences of suspension? A..(a) 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 (b) 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.

15 Every person who receive FC under the act shall submit a report in Form FC-6 with accompanied 1.income and expenditure statement 2. Receipt and payment a/c 3. Balance Sheet 4. Copy of designated bank a/c certified by bank. 5. A certificate from chartered accountant for receipt and utilisation of FC. Within 9 month i.e. 31 st Dec. of the next financial year and every report shall be certified by a chartered accountant. A nil report shall be furnished even if no FC is received during the financial year. FC-7 in case of article and FC-8 in case of foreign securities.

16 Total Registered Data for the year Prior Registration Cancelled (Due to Pendency) Delhi All over india Not Filled AR ( FC-4) As per Public Notice by FCRA on , where final opportunity has given to all defaulters to compound there offences without additional fee upto This window is only for 30days.

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