FCRA

FCRA Renewals: Evolving Realities and Key Takeaways

The process of renewing registrations under the Foreign Contribution (Regulation) Act, 2010 (“FCRA”), has been subject to heightened regulatory scrutiny, as the Ministry of Home Affairs focuses on stricter compliance and oversight. While aimed at enhancing transparency and accountability in the receipt and utilisation of foreign contributions, recent trends reveal recurring practical challenges, from procedural delays and unclear transitional guidance to discretionary refusals and non-speaking rejection orders. Some High Courts and the Supreme Court have also weighted in recently on this matter, highlighting the need for a balanced regulatory approach that safeguards national interest while facilitating FCRA registered entities to operate with continuity and confidence within a structured and reasonable compliance framework.Continue Reading FCRA Renewals: Evolving Realities and Key Takeaways

Section 8 Company Limited by Guarantee: An Alternative to Traditional Section 8 for FEMA & FCRA Issues Faced by Foreign Owned and Controlled Entities

Summary: The blog discusses the progressive shift in the implementation of CSR activities by foreign-owned and controlled entities, and how a Section 8 company limited by guarantee can serve as an alternative to the challenges faced by traditional Section 8 companies under the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, and the Foreign Contribution (Regulation) Act, 2010.Continue Reading Section 8 Company Limited by Guarantee: An Alternative to Traditional Section 8 for FEMA & FCRA Issues Faced by Foreign Owned and Controlled Entities

Introduction

The Foreign Contribution (Regulation) Act, 2010 (“FCRA”)[i], regulates the flow and use of foreign funds by individuals, associations, and organisations in India. Over time, the regulatory framework under FCRA has evolved, introducing several compliance obligations for entities receiving foreign contributions. In April 2025[ii], a key amendment was introduced concerning the validity of prior permissions. To strengthen the FCRA regime further, the Ministry of Home Affairs (“MHA”) notified amendments to the Foreign Contribution (Regulation) Rules, 2011 (“FCR Rules”)[iii], on May 26, 2025 (“May 2025 Amendments”)[iv]. These amendments bring important changes to the registration, prior permission, renewal processes, and other post-registration compliances.Continue Reading FCRA Compliance Tightened-Understanding the May 2025 Amendments to FCR Rules

Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency

The Foreign Contribution (Regulation) Act, 2010, and the rules framed thereunder regulate ‘foreign contribution’. This post examines how heightened policing calls for stringent compliance by entities receiving ‘foreign contribution’.Continue Reading Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency

Foreign Contributions Regulations in India

India’s diverse social fabric needs no introduction. In a developing country, ‘constructive’ philanthropy designed to cater to the fast-growing needs is particularly important. In a country with massive population such as ours, it’s often difficult for the government machinery to engineer a trickle down of every social welfare scheme. This is where Non-governmental organisations or associations (‘NGOs’) come in to play an important part. They work with the government and focus on their purpose, which can be religion, human rights, animal rights, poverty eradication, environment, etc. NGOs can be international, national, or regional and can adapt quickly and respond to the changing needs of the society faster than a government organisation which require executive and electoral approval for action.[1]Continue Reading Foreign Contributions Regulations in India – Towards a Stricter Regime

Leaving on Jet Plane Key Legal Considerations for Business Owners Migrating Abroad

‘All my bags are packed, I’m ready to go…’

-John Denver

The opening line of John Denver’s iconic song ‘Leaving on a jet plane’ may seem prosaic at first glance, but it describes the single most important act before embarking on any journey – packing your bags! While packing for a vacation in Monaco or St. Tropez is fairly easy, ‘packing’ for an offshore migration is likely to parachute you into a regulatory and compliance maze.Continue Reading Leaving on Jet Plane – Key Legal Considerations for Business Owners Migrating Abroad