FCRA Eligibility: Who Can Apply for Registration and Who Cannot

Last updated 26 September 2026

Who is eligible to apply for FCRA registration?

Only three kinds of organisation can apply for FCRA registration: a society registered under the Societies Registration Act, 1860, a trust under the Indian Trusts Act, 1882, or a Section 8 company. Partnership firms, proprietorships and ordinary companies are not eligible.

Say Rohan started a registered society in Pune four years ago that runs after-school classes. It has spent about ₹20 lakh on those classes across the last three years and now has a foreign foundation offering a grant. On paper, Rohan's society is an eligible entity type, has the three years, and meets the spending test. What he still has to check is documents, the composition of his governing body, and which purposes and States to name.

Eligibility for Normal registration rests on four tests, summarised below. These come from secondary sources and MHA guidelines summarised by law and compliance firms, so confirm on fcraonline.nic.in.

What are the 3-year and ₹15 lakh requirements?

For Normal registration, an organisation generally must have existed for at least three years and spent at least ₹15 lakh on its core charitable activities, excluding administrative expenses, in the preceding three years. This is what Shunya's FCRA registration page states, and other secondary sources agree.

The June 2026 summaries we read did not report a change to these numbers, but we could not read the official text, so treat them as the working rule and re-check before you apply. One further detail: sources report that if your spending on stated aims is below ₹15 lakh, you may be asked for an affidavit and capital-investment details, and that the requirement can be waived in exceptional cases or for government-controlled entities. Do not count on a waiver.

• "Core activities" means programme spending on your objects, not salaries of administrative staff or overheads.
• "Reasonable activity" means real, documented work in your chosen field during those three years.
• Documentation matters as much as the amount: your accounts and activity reports must show the spend.

See FCRA registration documents required for how to evidence it.

Who cannot receive foreign contribution under the FCRA?

Under Section 3 of the Act, certain persons and categories cannot receive foreign contribution at all, and an association whose key persons fall into them is likely to face problems. In general terms, the list includes candidates for election, members of legislatures, political parties and their office-bearers, judges, government servants, employees of statutory corporations, and persons connected with registered newspapers or news media. The 2020 amendment extended it to public servants.

This is a general summary from secondary sources, not the statutory text. If any of your trustees, office-bearers or committee members holds a public, political or media role, ask your CA whether it affects your eligibility before you file.

Separately, key persons should not have convictions of the kind reported in guidance, such as forced conversion, fund misuse or communal incitement. Do not treat that as an exhaustive list of disqualifications.

Who counts as a key functionary, and can foreign nationals be one?

As reported for the FCR Amendment Rules 2026, a key functionary includes directors, partners, trustees, HUF karta, office-bearers, members of the governing body or managing committee or controlling authority, and anyone who controls or is responsible for management. The rules also reportedly define this term uniformly across several provisions where older wording used "chief functionary" and "executive committee member".

Foreign nationals are the sensitive case. As reported, if a key functionary is a foreign national who is not a person of Indian origin or an OCI card holder, the association is "ordinarily" not considered for registration or Prior Permission, though the Central Government can carve out exceptions by order. A law-firm summary says this is not retrospective and is not, by itself, a stated ground to cancel an existing registration. That is not a reason to be complacent: if your governing body includes foreign members, take advice before you apply.

Every Indian key functionary needs Aadhaar, and each signs an affidavit. Details on the documents page.

What if your organisation is not yet eligible?

If your organisation does not yet meet Normal registration, you have three realistic options: Prior Permission for a specific donor and project, waiting until you qualify, or restructuring your entity. Which is right depends on how soon the funds are expected.

• Prior Permission (Form FC-3B). For an organisation that does not qualify for registration but has a specific foreign donor committed to a specific project. It covers that project, not ongoing funding. See FCRA registration vs Prior Permission.
• Build eligibility. Keep accounts clean, keep spending on programmes, and apply once you reach three years and the spending level.
• Set up the right entity first. If you are not yet a society, trust or Section 8 company, form one. Section 8 company registration is the corporate option.

Be honest with yourself about the alternative: accepting foreign contribution before you hold registration or permission is a violation under the FCRA, 2010, and that risk outweighs any grant.

What should you decide before you apply?

Before you apply, decide which purposes and which States or UTs you will name, because as reported the 2026 rules make both part of the certificate. Eligibility is not only about whether you qualify, it is also about whether your registration will cover what you actually plan to do.

1. List your foreign-funded activities for the next five years, not only the grant in hand.
2. Map them to the five purpose heads reported for the schedule: religious, cultural, economic, educational and social.
3. List every State or UT where you expect to spend foreign contribution.
4. Check your governing document supports each purpose.

Since a registration that is too narrow needs a separate application to widen, your CA will usually walk through this list with you on the callback.

Do you need 12A registration before applying for FCRA?

One secondary source lists a Section 12A certificate as part of the FCRA requirements, though it is a separate Income Tax registration. It is not a formality to skip, and organisations that expect foreign funds usually plan 12A and 80G together with FCRA.

Your CA can tell you on the callback whether your case needs 12A first, at the same time or afterwards. If you need both, see the 12A and 80G registration page. Shunya's FCRA page also points to Section 8 registration for organisations not yet incorporated.

How does Shunya check your eligibility?

Shunya's CA reviews your organisation's history and funding situation and confirms whether Normal registration or Prior Permission is the right route, then files on fcraonline.nic.in. Shunya's professional fee is ₹1,999; government fees and third-party costs are billed separately.

Request a free callback on the FCRA registration page with your name and phone number, and a CA calls within the hour. Or WhatsApp or call +91 80809 18797. For the cost breakdown, read FCRA registration cost and fees.

This article is for general information only. For your specific situation, consult a practicing CA.