ZipLaw
FCRA Rules Rule 9
Default readable text
The Foreign Contribution (Regulation) Rules, 2011

Rule 9 Application for obtaining 'registration' or 'prior permission' to receive foreign contribution

Chapter
I · Rules
(1) (a) 1Clause (a) subs. by G.S.R. 966(E), dated 14th December, 2015 (Foreign Contribution (Regulation) Amendment Rules, 2015), and again by G.S.R. 199(E), dated 7th March, 2019 (Foreign Contribution (Regulation) Amendment Rules, 2019); the words requiring an affidavit in Proforma 'AA' ins. by G.S.R. 659(E), dated 16th September, 2019 (Foreign Contribution (Regulation) (Second Amendment) Rules, 2019); the words "electronically online", at both places, subs. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020); and the words "each office bearer and key functionary and member" subs. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).An application for certificate of registration by a person under sub-section (1) of section 11, for acceptance of foreign contribution shall be made in electronic formDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... in FormDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... FC-3A with an affidavit executed by each key functionary in Proforma 'AA' appended to these rules and an application for obtaining prior permission by a person under sub-section (2) of section 11, for acceptance of foreign contribution, shall be made in electronic formDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... in FormDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... FC-3B with an affidavit executed by each key functionary in Proforma 'AA' appended to these rules.
2Subs. by G.S.R. 966(E), dated 14th December, 2015 (Foreign Contribution (Regulation) Amendment Rules, 2015), for clauses (b) and (c).(b) The applicant shall upload the signed or digitally signed application along with scanned documents as specified by the Central Government from time to time
3Subs. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(d) Any person making an application for registration under clause (a) of sub-rule (1) shall have an FCRA Account.
(e) The person may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and, in all such cases, intimation 4Subs. by G.S.R. 966(E), dated 14th December, 2015, for "on plain paper", as "electronically online in Form FC-6"; "FC-6" subs. by "FC-6D" by G.S.R. 199(E), dated 7th March, 2019; and "electronically online" subs. by G.S.R. 695(E), dated 10th November, 2020.in electronic formDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... in formDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... FC-6D shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within 5Subs. by G.S.R. 506(E), dated 1st July, 2022 (Foreign Contribution (Regulation) Amendment Rules, 2022), for "fifteen days".forty five days of the opening of any account.
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(f) A person seeking registration under clause (b) of sub-section (4) of section 12 of the ActDefined in rule 2(a): Act means the Foreign Contribution (Regulation) Act 2010; 1[(aa) bank account means a bank account in a core banking compliant bank, which is integrated with the Public Financial Management System (PFMS)] shall meet the following conditions, namely:—
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(i) it shall be in existence for three years and have spent a minimum amount of rupees fifteen lakh on its core activities for the benefit of society during the last three financial years:
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).Provided that the Central Government, in exceptional cases or in cases where a person is controlled by the Central Government or a State Government may waive the conditions;
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(ii) if the person wants inclusion of its existing capital investment in assets like land, building, other permanent structures, vehicles, equipment in the computation of its spending during last three years, then the chief functionary shall give an undertaking that the assets shall be vested henceforth with the person till the validity of the certificate and they shall be utilised only for the activities covered under the ActDefined in rule 2(a): Act means the Foreign Contribution (Regulation) Act 2010; 1[(aa) bank account means a bank account in a core banking compliant bank, which is integrated with the Public Financial Management System (PFMS)] and the rules made thereunder and shall not be diverted for any other purpose till the validity of its certificate of registration remains valid.
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(1A) Every application seeking registration under clause (a) of sub-rule (1), made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account.
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).(1B) (a) The certificate of registration shall specify the purpose or purposes and the States or Union territories for which registration is granted.
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).(b) Every application for registration shall mention—
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).(i) the purpose or purposes for which registration is sought, chosen only from such list of purposes as specified in the Schedule appended to these rules; and
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).(ii) the States or Union territories in which the association proposes to undertake the activities.
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).(c) Every association registered before the commencement of the Foreign Contribution (Regulation) Amendment Rules, 2026 shall, within one year of such commencement, submit to the Central Government an intimation in FormDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... FC-6F specifying the purpose or purposes and the States or Union territories for which it seeks to retain its registration.
(2) 8Text omitted by amendmentClauses (a), (b) and (c) omitted by G.S.R. 966(E), dated 14th December, 2015 (Foreign Contribution (Regulation) Amendment Rules, 2015).
3Subs. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(d) Any person making an application for obtaining prior permission under clause (a) of sub-rule (1) shall have an FCRA Account.
(e) A person seeking prior permission under this rule may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and in all such cases intimation 4Subs. by G.S.R. 966(E), dated 14th December, 2015, for "on plain paper", as "electronically online in Form FC-6"; "FC-6" subs. by "FC-6D" by G.S.R. 199(E), dated 7th March, 2019; and "electronically online" subs. by G.S.R. 695(E), dated 10th November, 2020.in electronic formDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... in FormDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... FC-6D shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within 5Subs. by G.S.R. 506(E), dated 1st July, 2022 (Foreign Contribution (Regulation) Amendment Rules, 2022), for "fifteen days".forty five days of the opening of any account.
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(f) A person seeking prior permission for receipt of specific amount from a specific donor for carrying out specific activities or projects mentioned in clause (c) of sub-section (4) of section 12 of the ActDefined in rule 2(a): Act means the Foreign Contribution (Regulation) Act 2010; 1[(aa) bank account means a bank account in a core banking compliant bank, which is integrated with the Public Financial Management System (PFMS)] shall meet the following criteria, namely:—
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(i) submit a specific commitment letter from the donor indicating the amount of foreign contribution and the purpose for which it is proposed to be given;
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(ii) for the Indian recipient persons and foreign donor organisations having common members, prior permission shall be granted to the person subject to it satisfying the following conditions, namely:—
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(A) the chief functionary of the recipient person shall not be a part of the donor organisation;
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(B) seventy-five per cent. of the 9Subs. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026), for "office-bearers or members of the governing body" in item (B), "chief functionary or office bearer" in item (C) and "office bearers or members of the governing body" in item (D).key functionaries of the person shall not be members or employees of the foreign donor organisation;
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(C) in case of foreign donor organisation being a single individual that individual shall not be the 9Subs. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026), for "office-bearers or members of the governing body" in item (B), "chief functionary or office bearer" in item (C) and "office bearers or members of the governing body" in item (D).key functionary of the recipient person; and
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(D) in case of a single foreign donor, seventy-five per cent. of the 9Subs. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026), for "office-bearers or members of the governing body" in item (B), "chief functionary or office bearer" in item (C) and "office bearers or members of the governing body" in item (D).key functionaries of the recipient person shall not be the family members or close relatives of the donor.
6Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).(2A) Every application for obtaining prior permission under clause (a) of sub-rule (1) made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account.
(3) No person shall prefer a second application for registration or prior permission within a period of six months after submitting an application either for the grant of prior permission for the same project or for registration.
(4) (a) 3Subs. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).An application made for the grant of prior permission shall be accompanied by a fee of rupees five thousand only, which shall be paid through the payment gateway specified by the Central Government.
(b) 3Subs. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).An application made for the grant of registration shall be accompanied by a fee of rupees ten thousand only, which shall be paid through the payment gateway specified by the Central Government.
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).Provided that the fee specified above shall be for registration to operate in one State or Union territory and to conduct activities for one purpose only; and where the application relates to more than one State or Union territory, an additional amount of rupees three hundred per State or Union territory shall be payable, and where the application relates to more than one purpose, an additional amount of rupees three hundred per purpose shall be payable.
(c) The fee may be revised by the Central Government from time to time.
(d) 10Text omitted by amendmentClause (d) omitted by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).
(5) Notwithstanding anything contained in sub-rules (1) to (4), every application made for registration or prior permission under the Foreign Contribution (Regulation) ActDefined in rule 2(a): Act means the Foreign Contribution (Regulation) Act 2010; 1[(aa) bank account means a bank account in a core banking compliant bank, which is integrated with the Public Financial Management System (PFMS)], 1976 (49 of 1976) but not disposed of before the date of commencement of these rules shall be deemed to be an application for registration or prior permission, as the case may be, under these rules; subject to the condition that the applicant furnishes the prescribed fees for such registration or prior permission, as the case may be.
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).Explanation 1.—It is hereby clarified that an association having foreign nationals, other than those of Indian origin, as its key functionaries shall ordinarily not be considered eligible for grant of registration or prior permission under the ActDefined in rule 2(a): Act means the Foreign Contribution (Regulation) Act 2010; 1[(aa) bank account means a bank account in a core banking compliant bank, which is integrated with the Public Financial Management System (PFMS)]:
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).Provided that the Central Government may, by order, specify such cases or circumstances in which foreign nationals may be permitted to be key functionaries of an association for the purposes of consideration of registration or prior permission, and the conditions to be fulfilled for such consideration.
7Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).Explanation 2.—For the removal of doubts, it is hereby clarified that the foreign contribution so received shall be utilised only for activities carried out in India in accordance with the association's stated objectives and for the purposes for which such contribution has been received.
1. Clause (a) subs. by G.S.R. 966(E), dated 14th December, 2015 (Foreign Contribution (Regulation) Amendment Rules, 2015), and again by G.S.R. 199(E), dated 7th March, 2019 (Foreign Contribution (Regulation) Amendment Rules, 2019); the words requiring an affidavit in Proforma 'AA' ins. by G.S.R. 659(E), dated 16th September, 2019 (Foreign Contribution (Regulation) (Second Amendment) Rules, 2019); the words "electronically online", at both places, subs. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020); and the words "each office bearer and key functionary and member" subs. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).
2. Subs. by G.S.R. 966(E), dated 14th December, 2015 (Foreign Contribution (Regulation) Amendment Rules, 2015), for clauses (b) and (c).
3. Subs. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).
4. Subs. by G.S.R. 966(E), dated 14th December, 2015, for "on plain paper", as "electronically online in FormDefined in rule 2(c): Form means a form appended to these rules; 3[(ca) key functionary, in relation to a person other than an individual, includes— (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managin... FC-6"; "FC-6" subs. by "FC-6D" by G.S.R. 199(E), dated 7th March, 2019; and "electronically online" subs. by G.S.R. 695(E), dated 10th November, 2020.
5. Subs. by G.S.R. 506(E), dated 1st July, 2022 (Foreign Contribution (Regulation) Amendment Rules, 2022), for "fifteen days".
6. Ins. by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).
7. Ins. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026).
8. Clauses (a), (b) and (c) omitted by G.S.R. 966(E), dated 14th December, 2015 (Foreign Contribution (Regulation) Amendment Rules, 2015).
9. Subs. by S.O. 3272(E), dated 22nd June, 2026 (Foreign Contribution (Regulation) Amendment Rules, 2026), for "office-bearers or members of the governing body" in item (B), "chief functionary or office bearer" in item (C) and "office bearers or members of the governing body" in item (D).
10. Clause (d) omitted by G.S.R. 695(E), dated 10th November, 2020 (Foreign Contribution (Regulation) (Amendment) Rules, 2020).