Section XII

Change In Name, Address, Objectives, Members Of EC, Registration & FC Bank Account etc.

Section XII

Question 217

Whether Associations having registration or prior permission under FCRA, 2010 need to intimate and obtain approval MHA about the change of designated bank account, name, address, aims & objectives, registration with other authorities and key members?

Answer: Yes. The provisions of Rule 17A are reproduced below:

“17A. Change of designated bank account, name, address, aims, objectives or Key members of the association. –

A person who has been granted a certificate of registration under section 12 or prior permission under section 11 of the Act shall intimate in electronic form within forty five days, of any change in the following, namely: —

 

(i)        name of the association or its address within the State for which registration/ prior permission has been granted under the Act in Form FC-6A;

 

(ii)       its nature, aims and objects and registration with local/relevant authorities in Form FC-6B;

 

(iii)      bank and/or branch of the bank and/or designated foreign contribution account number in Form FC-6C;

 

(iiia)    bank and/or branch of the bank for the purpose of utilising the foreign contribution after it has been received in Form-6D; and

 

(iv)      office bearers or key functionaries or members mentioned in the application for grant of registration or prior permission or renewal of registration, as the case may be, in Form FC-6E.

 

Provided that the change shall be effective only after final approval by the Central Government.”

 

Note: Please note that utmost care should be taken while submitting any of the Forms for the required changes. Even a slight inadvertent mistake may create problems.

Question 218

What is the procedure for intimating change in the name of the Association and its address within the same State for which it was granted registration/PP?

Answer: The intimation is to be given in electronic form online in Form FC-6A, within 45 days of such change(s). The following details are to be furnished in the prescribed online Form 6-A:

(i)        DARPAN ID of the Association;

(ii)       FCRA registration or PP number with date;

(iii)      Official telephone number of the Association;

(iv)      E-mail address of the Association;

(v)       Telephone/ mobile number of the Chief Functionary;

(vi)      Amended/changed name of the Association as recorded with local/relevant authority;

(vii)     Amended/changed address of the Association as recorded with local/relevant authority;

An affirmation is to be signed to the effect that (i) the information furnished in the application is true and correct; (ii) resolution of the governing body has been passed before effecting the changes; (iii) change of name and/or address of the Association has been duly recorded with the concerned registering authority; and (iv) none of the key members has been appointed in violation of Section 12(4) of FCRA, 2010.  The following documents are to be uploaded with the online application:

(i)        Self-certified scanned copy of amendment approved by local/relevant authority (PDF format / Size-1 MB);

(ii)       Scanned image of signature of the Association’s Chief Functionary [JPG/JPEG format / Dimension – 140(Width) * 60(Height) Pixel & Size-50 KB (Max.)]; and

(iv)      Scanned image of the Seal of the Association [JPG/JPEG format / Dimension – 140(Width) * 60(Height) Pixel & Size-100 KB (Max.)].

Therefore, all the above documents should be prepared and saved in the computer before one starts filling in the online application form. Please note that any change in the name of the Association and its address within the same State is to be intimated within 45 days of such change(s) and will be effective only after final approval by MHA.

Question 219

What would happen in the case of change of address from one State to another State of an Association granted FCRA registration?

Answer: If the location of an Association is to be changed from one State to another, it has to seek fresh registration by submitting an application online in Form FC‒3A in the prescribed manner, duly indicating the reasons necessitating the change and submission of the application.  On approval, it will be allotted a new registration number pertaining to the changed State and the previous registration number would be cancelled.

Question 220

What is the procedure for intimating change of nature, aims and objects and registration with local/relevant authorities of an Association granted registration/ PP?

Answer: The intimation is to be given in electronic form online in Form FC-6B, within 45 days of such change(s).  The following details are to be furnished in the prescribed online Form-6B:

(i)        DARPAN ID of the Association;

(ii)       FCRA registration or PP number with date;

(iii)      Official telephone number of the Association;

(iv)      E-mail address of the Association;

(v)       Telephone/ mobile number of the Chief Functionary;

(vi)      Amended/changed nature of the Association;

(vii)     Amended/changed aims and objects of the Association as recorded with local/relevant authority;

(viii)    Amended/changed registration number with local/relevant authorities;

An affirmation is to be signed to the effect that (i) the information furnished in the application is true and correct; (ii) resolution of the governing body has been passed before effecting the changes; (iii) change of nature, aims and objects and registration with local/relevant authorities of the Association has been duly recorded with the concerned registering authority; and (iv) none of the key members has been appointed in violation of Section 12(4) of FCRA, 2010.   Please note that MHA has not indicated anything about the documents to be uploaded with Form-6B.  It is therefore, advisable to check MHA’s online portal in this regard before filling up the Form. Please note that any change of nature, aims and objects and registration with local/relevant authorities is to be intimated within 45 days of such change(s) and will be effective only after final approval by MHA.

Question 221

What is the procedure for intimating the designated FCRA Account Bank in SBI, NDMB and change of ‘another FCRA Account’ of choice, if any, of an Association granted registration/PP?

Answer:

 The intimation is to be given in electronic form online in Form FC-6C, within 45 days of such change(s). The following details are to be furnished in the prescribed online Form-6C:

(i)        DARPAN ID of the Association;

(ii)       FCRA registration or PP number with date; 

(iii)      Official telephone number of the Association;

(iv)      E-mail address of the Association;

(v)       Telephone/ mobile number of the Chief Functionary;

(vi)      Account Number and date of opening the new designated FCRA Account in the State Bank of India, New Delhi Main Branch, 11, Sansad Marg, New Delhi-110001 (SBI, NDMB) for receipt of FC; 

(vii)     Details of ‘another FCRA Account’ such as, name of the bank, address of the branch with PIN code, e-mail address, IFSC Code, Account Number and date of opening the account, for keeping or utilising the FC after transferring FC received in the designated FCRA Account at SBI, NDMB.

An affirmation is to be signed to the effect that (i) the information furnished in the application is true and correct; (ii) resolution of the governing body has been passed before effecting the changes; (iii) the bank authorities have been duly informed about the change in the ‘FCRA Account’ and (iv) none of the key members has been appointed in violation of Section 12(4) of FCRA, 2010.    The following documents are to be uploaded with the online application:

(i)        Self-certified scanned copies of letters from the existing bank and the new bank regarding the change (PDF format / Size-1 MB);

(ii)       Scanned Image of signature of the Association’s Chief Functionary [JPG/JPEG format / Dimension – 140(Width) * 60(Height) Pixel & Size-50 KB (Max.)]; and

(iii)      Scanned Image of the Seal of the Association [JPG/JPEG format / Dimension – 140(Width) * 60(Height) Pixel & Size-100 KB (Max.)].

Therefore, all the above documents should be prepared and saved in the computer before one starts filling in the online application form. Please note that any change of another FCRA Account in any other bank of an Association’s choice is to be intimated within 45 days of such change and will be effective only after final approval by MHA.  Any change in the designated FCRA Account in SBI, NDMB of any Association, if made by SBI, NDMB, will also have to be intimated accordingly.

Question 222

An Association wants to change the custodian/signatory of the cheque books etc. in respect of its FCRA Account(s) and Utilisation Accounts. Does it require approval of MHA?

Answer: No. MHA is not concerned with such internal procedural issues of an Association. The Association should approach the bank concerned in this regard.​

Question 223

What is the procedure for giving intimation to MHA about opening of additional FC Utilisation Account(s) for the purpose of utilisation of FC?

Answer: Intimation about opening of Utilisation Account(s) shall have to be given to MHA in electronic form online in Form FC-6D within 45 days of opening of such account(s). The following details are to be furnished in the prescribed online Form-6D:

(i)        DARPAN ID of the Association;

(ii)       FCRA registration or PP number with date;

(iii)      Official telephone number of the Association;

(iv)      E-mail address of the Association;

(v)       Telephone/ mobile number of the Chief Functionary;

(vi)      Name of the bank, its branch address, e-mail address, IFSC Code, Utilisation Account Number and date of opening the account. 

An affirmation is to be signed to the effect that (i) the information furnished in the application is true and correct; (ii) resolution of the governing body has been passed before opening of the additional FC-Utilisation Account; (iii) the bank authorities have been duly informed about opening of the FC-Utilisation Account; and (iv) none of the key members has been appointed in violation of Section 12(4) of FCRA, 2010.  The following documents are to be uploaded with the online application:

(i)        Scanned Image of signature of the Association’s Chief Functionary [JPG/JPEG format / Dimension – 140(Width) * 60(Height) Pixel & Size-50 KB (Max.)]; and

(ii)       Scanned Image of the Seal of the Association [JPG/JPEG format / Dimension – 140(Width) * 60(Height) Pixel & Size-100 KB (Max.)].

Therefore, all the above documents should be prepared and saved in the computer before one starts filling in the online application form. Please note that opening of any additional FC-Utilisation Account in any bank of an Association’s choice is to be intimated within 45 days of such opening and will be effective only after final approval by MHA.

Note: There is no prescribed Form for intimating about closure of utilisation account(s) and hence, such intimation has to be given to MHA through email.

Question 224

What is the procedure for intimating change in key members of an Association granted FCRA registration/PP?

Answer: The intimation is to be given electronically online in Form FC-6E, within 45 days of such change(s).   The following details are to be furnished in the prescribed online Form-6E:

(i)        DARPAN ID of the Association;

(ii)       FCRA registration or PP number with date;

(iii)      Official telephone number of the Association;

(iv)      E-mail address of the Association;

(v)       Telephone/ mobile number of the Chief Functionary;

(vi)      Details of all the key members of the Association after change of the original key members, as reported in the application for grant of registration/PP/renewal of registration of the Association such as, name, name of his/her father/ spouse, nationality, Aadhaar number, PAN, occupation, designation in the Association, inter-personal relationship with other members of the executive council/governing body/office bearers and contact details including office address, residential address, e-mail address, landline & mobile numbers;

(vii)     If any of the above key members is a foreign national including PIO/OCI card holder, his/her name, date & place of birth, passport number, address in the foreign country, whether a person of Indian origin, PIO/OCI card number, if any, and if resident in India, the date from which he/she is residing in India.

An affirmation is to be signed to the effect that (i) the information furnished in the application is true and correct; (ii) resolution of the governing body has been passed before effecting the changes; and (iii) none of the key members has been appointed in violation of section 12(4) of FCRA, 2010.  The following documents are to be uploaded with the online application:

(i)        Scanned Image of signature of the Association’s Chief Functionary [JPG/JPEG format / Dimension – 140(Width) * 60(Height) Pixel & Size-50 KB (Max.)]; and

(ii)       Scanned Image of the Seal of the Association [JPG/JPEG format / Dimension – 140(Width) * 60(Height) Pixel & Size-100 KB (Max.)]. 

It may please be noted that any change of the key members, i.e., members of the executive council/governing body/office bearers is to be intimated within 45 days of such change(s) and will be effective only after final approval by MHA. It implies that intimation is to be given to MHA even if only one member is changed due to addition, resignation, expiry of term, removal, death etc.

Question 225

Could an NGO without FCRA registration take over a FCRA registered Association and get foreign funding?

Answer: FCRA, 2010 and FCRR, 2011 do not expressly envisage such a situation. However, a ‘takeover’ can happen only through changing the governance structure of an Association by replacing more than 50% of the members of the executive council/governing body/office bearers as were mentioned in the application of the Association seeking registration/ PP/renewal of registration.  Reply to the previous question regarding the procedure for intimating any change of key members of an Association may please be referred.

Question 226

An Association, which has submitted application for registration/PP under FCRA, wants to change its name, address and members. What should the Association do? 

Answer: If the Association makes the changes before receipt of MHA’s approval regarding its application for registration/PP, it should immediately intimate MHA (FCRA Wing) about the changes so that its pending application is not processed further.  The Association should again apply for registration/PP under FCRA as per prescribed procedure, duly indicating its changed name, address and members.   However, if the Association receives MHA’s approval after effecting the changes, it should follow the prescribed procedure for intimating the changes in its name, address and members.

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