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December 9, 2020

Advisory for Compliance by FCRA NGOs/Associations with the Amended Provisions in FCRA, 2010 and FCRR, 2011

by CA Shivam Jaiswal in Compliance Law, Income Tax

Advisory for Compliance by FCRA NGOs/Associations with the Amended Provisions in FCRA, 2010 and FCRR, 2011

This advisory is meant for any association that belongs to one of the following categories:

  • (a) Those who have submitted application for registration/Prior Permission
  • (b) Those who have submitted application for Renewal
  • (c) Those who are yet to submit application for registration/Prior Permission
  • (d) Those who are yet to submit application for renewal
  • (e) those who hold valid FCRA registration/Prior Permission and are not in immediate of renewal of such certificate/PP.

i. The NGO/person may take note of the amendments in the FCRA, 2010 and ensure compliance. These amendments may be visited at (https://fcraonline.nic.in).

ii. The NGO/person may take note of the amendments in the FCRR, 2011 for compliance. These amendments may be visited at (https://fcraonline.nic.in/home/PDF_Doc/fc_rules_12112020.pdf).

iii. Among various requirements arising from these amendments, three key compliances relate to: (i) Obtaining a DARPAN ID from NITI Aayog portal; (ii) Opening the Main “FCRA Account” in SBI Parliament Street Branch, New Delhi; and (iii) Seeding Adhaar details of all office bearers. An advisory statement on these three key compliances is attached herewith. It may be accessed at (https://fcraonline.nic.in/home/PDF_Doc/fc_rules_12112020.pdf).

iv. Regarding compliance on FCRA “Bank Accounts”, a separate public notice dated 13.10.2020 has been issued with detailed clarifications, and it can be accessed at (https://fcraonline.nic.in/home/PDF_Doc/fc_notice_13102020.pdf). A standard operating procedure (SOP) to be followed by all branches of SBI is placed on the web portal (https://fcraonline.nic.in/home/PDF_Doc/fc_sop_20112020.pdf) and also available on the web portal of the State Bank of India.

2. Every person/association is, therefore, requested to carefully peruse and familiarize itself with all the amendments in the Act and the Rules and related contents as indicated above to ensure thorough compliance. NGO’s proactive response would facilitate a quick and smooth transition to the amended legal regime.

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