E-Commerce Compliance in India: GST, TDS & TCS
FCRA, 2010 has been enacted by the Parliament to consolidate the law to regulate the acceptance and utilization of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to national interest and for matters connected therewith or incidental thereto. Applicability: As per Section 1(2) of FCRA, 2010, the provisions of the act shall apply to:
Registration:
Eligibility:
Procedure: Application for grant of registration is to be submitted online in form FC-3 at the website fcraonline.nic.in All requisite documents are to be uploaded with the application. It doesn’t need to submit that application in physical form. Following details to be filled: 1. Details of applicant/Association
2. Details of Registration
3. Nature of Association:
Note: If Religious Association, state whether (a) Hindu (b) Sikh (c) Muslim (d) Christian (e) Buddhist (f) Others. 4. Main aim(s) and Object(s) of Association (Enclosed self-certified copy of relevant pages of the MOA/or AOA, showing aim(s) and Objective(s) of Association). 5. (a) Details of the key functionaries of the association: Name, Fathers name, nationality, Aadhaar No., Occupation, Designation in the Association, Relationship with other members, Contact details Office address, residential address, e-mail address and mobile no. (b) If any of the above is foreigner(including PIO/OCI Card Holder) Details thereof: Name, date and place of birth, Passport No., Address in foreign country, Whether a person of Indian origin, POI/OCI card no., if any and if resident in India then date from which residing in India. 6. Amount of fee paid (Rs.): (Applicable fee 2,000 to be paid online at the time of application). 7. Whether any key functionary of the association has, in discharge of his/her official functions or private conduct:
Note: If any of the replies to (a) to (f) above is “yes”, then full details of the case must be given. 8. Whether the Applicant Association:
9. Details of Designated FC Bank account for receipt of Foreign Contribution:
As per the revised amendment prior to the registration, designated account is required to be setup in SBI. The Central Government vide notification dated 07.10.2020 has notified New Delhi Main Branch (henceforth NDMB) of SBI, 11, Sansad Marg, New Delhi-110001 as specified branch. The documents to be uploaded with the application for grant of registration: The scanned copies of following documents are required:
For registration, the association is required to pay a fee of Rs. 2,000/- only. The fee is to be paid while filling online form through payment gateway. No Bank draft/cheque is accepted. Generally, the time taken for FCRA registration is six months but it could differ if the NGO has several branches. The reason is that after online filing, within 1 month, the officers of Intelligence Bureau, Department of Ministry of Home Affairs visits the workplace of the organization to verify whether it is properly working in a genuine way or not. Registration is to be renewed: 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. FCRA registration is valid for 5years from the date of grant of registration. Connect with Us Need more clarity? Book a Free Consultation Session with our Expert to know more about FCRA Registration and its Compliances.