Abishek has recently been appointed as Finance and Legal Compliance officer of a Charitable Organisation — doing palliative care services to aged persons, seeks to receive foreign funds, has approached you to find out th

As per Section 12 (4) of The Foreign Contribution (Regulation) Act, 2010, the FCRA application is to be made in the prescribed format and the following criteria need to be checked before providing registration. The 'person' or 'entity' making an application for registration or grant of prior permission- Is not fictitious or benami; Has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another; Has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country; Has not been found guilty of diversion or mis-utilisation of its funds; Is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends; Is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes; Has not contravened any of the provisions of this Act; Has not been prohibited from accepting foreign contribution; The person being an individual, such individual has neither been convicted under any law for the time being in force nor is any prosecution for any offence pending against him. The person being other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor is any prosecution for any offence pending against him. The acceptance of foreign contribution by the entity / person is not likely to affect prejudicially The sovereignty and integrity of India; The security, strategic, scientific or economic interest of the State; The public interest; Freedom or fairness of election to any Legislature; Friendly relation with any foreign State; Harmony between religious, racial, social, linguistic, regional groups, castes or communities. The acceptance of foreign contribution Shall not lead to incitement of an offence; Shall not endanger the life or physical safety of any person. To be eligible for registration, the entity should be registered as a Society or Trust or a Section 8 Company. It should have been in existence for at least three years and has undertaken reasonable activity in the chosen field. It should have spent at least Ten Lakh Rupees over the last three years on its aims and objects (excluding administrative expenditure). To substantiate this, it must submit Statements of Income and Expenditure, duly audited by a Chartered Accountant for the last three years.