FAQ on FCRA Amendment Act, 2020

 FAQ on FCRA 2020 @OzgLaw

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FAQ - 

🟣 Can public servant receive FCRA funds through their NGO?

⛔ No public servant, as defined in #Section21 of IPC (indianpenalcode.ozg.in), can receive foreign contributions. The clause (c) of sub-section (1) of section 3 of the FCRA Act has amended, to include “public servant” in the ambit of entities that are banned from accepting foreign funds.

🟣 Is sub-granting fully scrapped?

⛔ Any kinds of transfer or sub-granting of FCRA funds is fully restricted. It means either fc funds can be used for sole purpose (including service contract) or returned back to donor.

🟣 What is provision for service contract?

⛔ Service contracts for specific services provided to an FCRA-registered entity are not impacted. There is an applicability of 18 percent #GST and the receipt through provision of such services must be within 20 percent of the total receipts for the service-providing nonprofit (#FinanceAct2015).

🟣 Is FCRA 2020 applicable on international NGOs?

⛔ Local branch/offices of international NGO were registered in India to distribute funds locally from the foreign parent entity will no longer be able to do so.

🟣 What is the new limit set for admin expense under FCRA 2020?

⛔ NGO will have to take into account their administrative expenses and ensure that they do not exceed 20 percent of the foreign contribution received.

🟣 Can I renew FCRA after 5 years?

⛔ Given that the FCRA registration expires after five years, FCRA holders will be subject to inquiry at the end of every five years if they wish to renew their registration, rather than a simpler renewal process prior to the amendments.

🟣 Can I surrender FCRA? If yes, what will happen to asset created by foreign funding?

⛔ Any NGO that would prefer to surrender their FCRA registration may do so, but any assets that have been created using foreign contribution will be transferred to an authority prescribed by the government.

🟣 Do I need to visit New Delhi to open FCRA bank account in State Bank of India, New Delhi?

⛔ Please, note you can open #FcraBankAccount in Main Branch, 11, Sansad Marg, New Delhi-110001 by simply visiting to your nearest SBI branch. You don't need to visit to New Delhi for this.

🟣 When FCRA bank account has to be open?

⛔ You can open it asap. It has notified on 7 Oct 2020 by MHA. FCRA 2020 is being implemented by MHA. 

🟣 Can I continue with existing fcra bank account for time being? 

⛔ Yes, all existing a/c can continue till end of this financial year. 

🟣 For any other questions and FREE advisory, please email to: ask@fcra.in

⛔ Follow link given at below to book tele-appointment with experts for your fcra / fema case. 

☎️ ozglaw.com/appointment

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