Validity of FCRA registration has been extended till 30-Jun-2024. Thus all those NGOs whose FCRA had been earlier extended till 31-Mar-24 because their renewal application was pending with the FCRA Dept.
Also in case an NGO’s FCRA expires by 30th June 2024 and they have applied for FCRA renewal before expiry of 5 year period from the date of previous FCRA registration, then their FCRA will also be extended to 30th June 2024.
In case renewal application is refused then the validity of the certificate shall be deemed to have expired on the date of refusal of application of renewal. In such a situation organization would not be eligible to either receive or utilize FCRA funds after such date.
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Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008
Providing guidelines for making transaction via FCRA account to the vendors in USA
Dear Sir/madam,
MANAV Foundation is registered under the Public Charitable Trust Act, 1950 (E 22134) Mumbai, Maharashtra. We are Mumbai based organisation working on the issues of Mental Health and Illness since 2004. The organisation is also registered with the Foreign Contribution Regulation Act, of Government of India ( no. ).
This year a well-wisher based in the US is organising an event through which they are generating funds for MANAV Foundation. The raised funds will be credited to our FCRA account, as per due procedure. However, the vendors that are being engaged in the USA for the purpose of the event (such as caterers, etc.) require to be paid by us, which we have received permission for.
We understand the importance of adhering to all regulatory requirements and ensuring that all transactions are compliant with the FCRA guidelines and regulations set forth by the Government of India, and therefore request you to send us the guidelines and procedures for making payments from our FCRA (Foreign Contribution Regulation Act) account to vendors located in the United States of America. Your guidance and support in this matter will be highly appreciated and will enable us to conduct our international transactions efficiently and in accordance with the applicable laws and regulations.Please feel free to contact us at [ ] or email us on [foundation.manav@gmail.com] if you require any additional information or clarification regarding this request. We look forward to receiving your guidelines and procedures at your earliest convenience.
Thank you for your attention to this matter and for your continued support.
I am unable to file our organisation’s quarterly returns for January – March 2024. Previously there used to be a link in FCRA website to do so, it’s not available anymore. Any ideas?
Quarterly returns are no longer required, since Rule 13(b) requiring this has been removed vide amendments made to Rules in 2022. Till now facility of quarterly return was still working, hence organisations were able to file the qtly returns. However now even this facility has been removed.
No need to worry for filing this return, but ensure your annual FCRA audited statement is filed by 31st December.
Dear Sir
We have applied online fcra revision application on 29th December 2023. It is now almost 3 months completed and we are waiting for the response.
Due to two trustees, our fcra renewal application has been rejected. The following reasons:The Competent Authority has refused the renewal application under Section 16(1) read with section 12(4)(e) and 12(4)(f)(iii) of FCRA, 2010. One of the trustee is having court case pending and the other trustee reason was wrong. Thus, out of two query, one is correct and the another one is incorrect. At last both the two trustees have resigned and the board has appointed two new trustees in their place.We have sent the court order copy of change report to fcra through email. We have given all the information and justification in the revision application along with all the supporting documents.
Now, I have a following query regarding fcra renewal :
1) We have applied for fcra revision application to review our fcra renewal application. Can we apply for fresh fcra simultaneously or do we have to wait for the response of fcra revision ? And how many days do we have to wait for the response of revision application?
2) We heard that NGO’s whose fcra renewal application has been refused, (NGO’s) can apply for fresh fcra application or else wait for 6 months. Is it true? And what will happen after 6 month if we wait?
Thank you
Kind Regards
Vishal ( Director)
You cannot apply afresh immediately after rejection but you need to wait for 6 months before applying again.
For revision, Act does not bind Govt to give their response, within certain time limit. You could try visiting the FCRA Dept to check on your application.
While application for fresh registration is not closed to any organisation, since Act or rules do not put any restriction on fresh application. Only place it prescribes time limit for fresh application is in case of cancellation, which is three years, otherwise there are no time limits.
Please check if application window is open to you, if yes, then you can apply for fresh registration. In one such case, that we are aware of , applicant made an application within 4 months of denial of renewal, after removing objections and was awarded fresh registration in just over an year’s time.
Wish you all the best.
Dear Sir
Thank you for your reply and information.
We don’t think that our revision application will going to be approved because the approval gets, when they consider the case on merit basis, even though our issue is very small. Some of the CA says that we can appeal to judicial court also but again it will take a lot of time to get the order. So, the NGO’s who’s renewal application has been rejected, decided to apply for fresh fcra application instead of going for revision application.
Since, our fcra renewal application refused on date Nov 14, today our 6 months has been completed. We are now eligible to apply for fresh fcra application instead of waiting for revision application approval.
Our query
1) Do we have to create new user id and password or we can continue with the old one?
2) Do we have to mention the same bank account details of sbi New Delhi for designated and utilisation bank account.
3) Which is the most important part in the fresh application for which we have to be very carefully filling the form before we submit?
4) After submitting the fresh application, how many days it will take to get the approval?
5) After getting new fcra, does it going to effect 12 A or 80 G or do we have to amend the new fcra details in it ?
6) Does the application ask about the reason of rejection of previous fcra?
Thank you Sir and I am looking forward to hear you soon
Kind Regards
Vishal
Not only that. The FCRA dept insist that the renewal application should have been filled six months before the expiry, which is in April this year. The application should have been filed in September 2023. Filing of all annual returns till date is also considered. That is why the renewal has been refused.
Rule 12(2) states that ‘An application for renewal of the certificate of registration shall be made to the Central Government in electronic form in Form FC-3C accompanied with an affidavit executed by each office bearer, key functionary and member in Proforma ‘AA’ appended to these rules within six months from before the date of expiry of the certificate of registration.
Non-filing of your annual returns (FC4) could be the main reason for refusal. You please, get this violation corrected and then reapply. While your earlier FCRA has ceased from the date of refusal, therefore do not receive funds in FCRA A/c nor utilise funds lying in any of the FCRA A/c from the date of refusal.
Considering you have been denied renewal mainly on ground that your returns were not upto date. After complying with these requirements, you can consider filing an application under Revision of FCRA Order (S. 32 of FCRA Act), stating that you have complied with the non-compliances and renewal may be reconsidered.
Sir,
I have a question reg renewal. Our FCRA validity is till 9th April and I applied for renewal last month. Its refused last week saying some compliance to returns filing is not okay. We dint receive any funds in the first year and we dint file our returns and based on that now our renewal application is refused. If we file the returns now with penalty, will the renewal go through? NOw in this situation, whats our current FCRA validity date?
Regards
Swarupa, Secretary