Query- FCRA

Dear SRRF members,

I would really appreciate if you can answer my queries.

– Does a foreign NGO require FCRA registration if they are only purchasing goods and services with foreign funds? (As per Sec2 (h) (iii) Explanation 3 of the definition of “foreign contribution.”) Does this definition also exclude payment of fee for consultancy services with foreign funds in India?

– Does a foreign NGO require FCRA registration if they are a liaison or branch office under FEMA, and ONLY receive funds from their parent organization? (We have heard that internal remittances do not fall under the purview of the FCRA, because they money is staying within the same organization.)

– Are all foreign NGOs required to register under FEMA? Do the capital requirements for liaison and branch offices under FEMA apply to non-profit or charity organizations as well? What if the foreign NGO cannot meet those capital requirements?

– Under what conditions can a liaison office under FEMA hold a training or workshop?

– What are the consequences for not obtaining FCRA? FEMA registration as a foreign NGO? Are penalties outlined in the rules?

Regards,

Debashish

 

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