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Ritika Rathi

Partner in the Corporate Practice at the Delhi office of Cyril Amarchand Mangaldas. Ritika practice covers diverse areas of corporate commercial laws including advising on inbound and outbound investments, joint ventures, private equity, business acquisition and restructuring, along with corporate and regulatory advisory. She can be reached at ritika.rathi@cyrilshroff.com

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The FCRA Amendment Bill 2026: Part II – Compliance and Other Changes

Summary: The Foreign Contribution (Regulation) Amendment Bill 2026 proposes significant amendments to the Foreign Contribution (Regulation) Act, 2010, tightening the regulatory framework for foreign contributions in India. It limits timelines for receipt and utilisation of foreign contribution under the prior permission route, codifying the restrictions that began with government circulars issued in 2025. The Bill also defines the term “key functionaries,” to cover all leadership positions irrespective of organisational structure, exposes key functionaries to personal liability for organisational offences, and imposes on them a statutory duty to report an organisation’s cessation or defunct status. The evolving FCRA landscape requires organisations to review governance structures, identify key functionaries, ensure timely renewals, and maintain complete records to ensure continuing compliance.

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The FCRA Amendment Bill 2026: Part I - Asset Vesting

Summary: The Foreign Contribution (Regulation) Amendment Bill 2026 proposes significant changes to the Foreign Contribution (Regulation) Act, 2010, most notably replacing Section 15 with a new Chapter IIIA. This establishes a Designated Authority in which all foreign contribution and assets of an organisation vest upon cancellation, surrender or cessation of its FCRA registration. During provisional vesting, the Designated Authority has the power to take possession of assets and manage the organisation’s activities, including using its foreign contribution. If the organisation fails to obtain fresh registration or renewal within the prescribed time, its assets permanently vest in the Designated Authority and may be disposed of through prescribed modes. The Designated Authority enjoys extensive powers under the 2026 Bill, and judicial intervention is largely restricted. The amendments carry serious implications for FCRA-registered organisations, demanding rigorous compliance, meticulous accounting and proactive governance.

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