MHA’s new online Form FC-6(E) – No real cause for panic!

The new online Form FC-6(E) is now live on Ministry of Home Affairs’ (MHA) FCRA online portal. The header states: “Intimation – Change in fifty per cent or more of the original Key members of the association”. It would seem that MHA’s Public Notice dated 7th June 2019 regarding “online submission and approval from the Ministry of Home Affairs before effecting any change in the list of office bearers/key functionaries of FCRA registered associations” was a bit hyped. Please file online FC-6(E) ONLY IF; there change in fifty percent or more of the original key members?

No consistency in language

While MHA’s Notice uses the terms “office bearers/key functionaries”. The online form uses the term “original key members”. Unfortunately, none of these terms are specifically defined or explained under FCRA 2010 of the Rules there under.

What should NGOs do?

Please file online FC-6(E) ONLY IF; there change in fifty percent or more of the original key members?

Under “Instructions” tab MHA clearly states: “Intimation under Rule 9 and rule 17A of the Foreign Contribution (Regulation) Rules, 2011 to the Central Government regarding Change in Key Members in respect of the association granted registration/ prior permission under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)

Is it ‘Intimation’ or ‘Approval’?

MHA uses the term “intimation” but when one attempts to apply online a popup appears stating: “Apply for only any one change of details at a time and after approval of earlier request apply for next change.” One can proceed only after one clicks “agree”. Meaning by default the “intimation” is now converted to prior “approval” from MHA.

Sample Form

Sample Form FC-6(E) states: “Change in fifty per cent or more of the original Key members of the association.”

Sample form FC-6 (E) can be viewed or downloaded at:          https://fcraonline.nic.in/Home/Documents/UnFilled/FC66_5.pdf

What is required?

MHA requires “details of all the key members of the association after change in fifty per cent or more of the original key members, as reported in the application for grant of registration/prior permission/renewal of registration of the association under the Foreign Contribution (Regulation) Act, 2010”.

To know if any change needs to be intimated to MHA (and by default, for approval), one must attempt to file online Form FC-6(E) to view what is reflected in terms of the NGO’s “original key members” on MHA’s website.

If there is change in fifty per cent or more of the original key members, as reported in the application for grant of registration/prior permission/renewal of registration of the association under the FCRA, 2010, the Chief Functionary of the association must proceed to provide details of the new “key members” in terms of Name (of new key member), Name of new Key member’s father/ spouse, Nationality, Aadhaar Number (optional), PAN, Occupation, Designation in the Association, Relationship with other Member(s) of the Executive Council / Governing body / Office bearers, Contact Details: (Office Address; Residential Address; e-mail address; Landline No.; Mobile No.)

If any of the above is a foreigner (including PIO/OCI card holder), details thereof including, Name, Date and Place of birth, Passport number, Address in the foreign country, Whether a person of Indian origin, PIO/OCI Card Number, if any, If resident in India, date from which residing in India.

The Chief Functionary must affirm that the information furnished is true and correct together with resolution of the governing body passed before effecting the changes.

Required documents (Maximum size 1MB in PDF)

1. FCRA Registration Certificate.

2. Self certified copy of amendment approved by local/relevant authority. (This would mean Order of the Charity Commissioner in case of a trust, or registered deed of amendment, or approval of Registrar of Societies or Registrar of Companies in case of a company licensed u/s 8 of the Indian Companies Act 2013)

3. Self certified copies of letter from existing bank new bank regarding the change.

Who is Chief Functionary?

Fortunately the Form states that Chief Functionary could be Chairperson / President / Secretary / CEO / MD of the Association.

How to check your status?

1. Click to apply online and fill User ID, Password and Access Code;

2. A popup will state: “Apply for only any one change of details at a time and after approval of earlier request apply for next change”.

3. Click ‘agree’ and your NGO’s details will pop up.

4. The system will ask: “Is there change in fifty percent or more of the original key members?” Click yes, in order to view the names on MHA’s data list.

5. When we (Centre for Advancement of Philanthropy) clicked yes, only three names popped up; that of our founder, chairman and chief functionary. We presume therefore that “original key members” probably means founder/s, key office bearers and the chief functionary.

6. One may continue hereafter only if there is more than fifty per cent change in original key members.

7. If there is no change and you click ‘no’ a pop up will flash in red: “If you don’t have fifty percent change in members, then you don’t require submitting this request”.

8. If there is change click ‘yes’ and intimate the change/s.

9. Remember to fill email address and mobile number of the ‘Chief Functionary’. MHA’s “approval letter” to your association’s “intimation” will be sent at your given email and/or mobile number.

Conclusion

1. Please file online FC-6(E) ONLY IF, there change in fifty percent or more of the original key members?

2. But, please check your status online.

If still in doubt, please contact us.

Noshir H. Dadrawala

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