FCRA: Renewal of Registration Certificate

As per Section 12(6) of the Foreign Contribution (Regulation) Act, 2010, the registration certificate granted shall remain valid for a period of 5 years from the date of its issue.

Vide Public Notice No. II/21022/23(22)/2020-FCRA-III dtd. 30^th September, 2021 the Ministry of Home Affairs provided that the FCRA registration certificates which are expiring during the period between 29^th September, 2020 and 31^st December, 2021 and which await renewal shall remain valid up to 31^st December, 2021.

Here, the most important point to understand is that, only those NGOs which have applied for renewal of registration shall be eligible for the extension of the certificate. The Public Notice states that the benefit of extension shall be available only to those organizations which are awaiting renewal, that is to say, those organizations which have already submitted their renewal application or only after they submit their renewal application within the specified time limit shall be able to enjoy the benefit of extension of the validity.

Keeping in view the provisions of FCRA, rules made thereunder and the afore-mentioned Public Notice, the NGOs which have taken FCRA registration are advised to act upon the same and apply for renewal at the earliest to avoid any kind of hassle.

Application for renewal: An application for renewal of the certificate of registration shall be made to the Central Government in e-Form FC-3C within 6 months from the date of expiry of the certificate of registration.

Fees: ₹5,000. After successful payment of fees only, the application is deemed to have been completed.

Requirements:

• Darpan ID;
• Signature of Chief Functionary;
• seal of the Association;
• Registration Certificate of the association;
• MOA/ Trust Deed;
• FCRA Registration Certificate;
• an affidavit executed by each office bearer, key functionary and member;
• Details of FCRA Account.

Consequences of non-filing: The existing registration shall cease from the date of completion of the period of 5 years from the date of grant of registration and will not be eligible for receipt & utilization of foreign contribution. In such a case, the association has to apply afresh for grant of registration. However, the organization still has the option to apply for renewal up to 1 year after the expiry of the registration period, by providing sufficient grounds for the delay and with late fees of ₹5,000.

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Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.

The author can also be reached at cstanveersaluja@gmail.com.