Filing of FOC (Foreign Contribution) – S.P. Gautam & Co.

Foreign contributions to Indian entities, particularly NGOs, trusts, and non-profit organizations, must comply with the Foreign Contribution (Regulation) Act (FCRA), 2010. At S.P. Gautam & Co., we provide expert assistance in FOC (Foreign Contribution) filing, ensuring compliance with all regulatory requirements under the Ministry of Home Affairs (MHA), Government of India.

What is FOC (Foreign Contribution) Filing?

Foreign Contribution (FOC) filing refers to the process of reporting and regulating funds received from foreign sources by eligible organizations. This is mandated by the FCRA, which ensures that such contributions are not misused and are utilized for legitimate purposes.

Who Needs to File FOC?

Entities that receive foreign donations or grants must file FOC, including:

• NGOs, Trusts, and Societies
• Educational Institutions receiving foreign aid
• Religious Organizations
• Companies registered under Section 8 of the Companies Act

Types of FCRA Registration for Foreign Contribution Filing

1. Prior Permission (PP) Registration

This is required for organizations that are applying for FCRA approval for the first time and want to receive foreign contributions for a specific purpose or project.

Key Requirements:

• The applicant must specify the purpose of the foreign contribution.
• Submission of a detailed project report and donor details.
• Funds can only be used for the approved project.

2. FCRA Registration

Organizations that have been operating for at least three years and have a proven track record can apply for permanent FCRA registration to receive foreign contributions regularly.

Key Requirements:

• Must have spent at least ₹15 lakh on welfare activities in the last three years.
• Submission of audit reports and financial statements.
• Validity of registration is five years, after which renewal is required.

Process of Foreign Contribution (FOC) Filing

Step 1: Apply for FCRA Registration

Organizations must submit an application via Form FC-3A or FC-3B (depending on whether they are applying for prior permission or full registration).

Step 2: Open a Designated FCRA Bank Account

As per FCRA guidelines, foreign contributions must be received in a designated FCRA account at the State Bank of India, New Delhi Main Branch.

Step 3: File Annual Returns (FC-4)

Organizations must submit annual FCRA returns detailing:

• Total foreign contributions received.
• Utilization of funds with a proper breakdown.
• Compliance with FCRA regulations.

Step 4: Maintain Proper Documentation

Entities must maintain accurate records of donations, donor details, and expenditure to avoid penalties or FCRA suspension.

Documents Required for FOC Filing

• Registration certificate and trust deed/society documents
• Audited financial statements of the last three years
• Details of foreign donors and purpose of funds
• PAN and Aadhaar details of key members
• Bank statements of FCRA accounts

Why Choose S.P. Gautam & Co. for FOC Filing?

• Expert FCRA Compliance Support – We ensure smooth and hassle-free FCRA registration and filing.
• Error-Free Documentation – We assist in preparing and verifying all required documents.
• Timely Filing & Reporting – Avoid penalties with our timely compliance services.
• Advisory on Fund Utilization – Ensure foreign funds are used efficiently and as per regulations.