Aadhaar Requirement explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 12A of the Foreign Contribution (Regulation) Act, 2010 was inserted by the Amendment Act, 2020. It lets the Central Government require the Aadhaar number of an applicant's office bearers, Directors or other key functionaries, or a copy of the passport or Overseas Citizen of India Card in the case of a foreigner. This post sets out the section and then how the Rules now describe "key functionaries".
This article is as per the Foreign Contribution (Regulation) Act, 2010 read with the Amendment Act, 2020 (33 of 2020), paragraph 7 of which inserted section 12A, and the Foreign Contribution (Regulation) Rules, 2011 as amended by the notifications named in this article: G.S.R. 695(E) of 10 November 2020 and S.O. 3272(E) of 22 June 2026, the latest consulted. Later amendments, notifications and Ministry of Home Affairs orders should be checked. Where declarations about the persons behind the applicant are needed, see our affidavit and declaration drafting service.
The Central Government may require a person who seeks prior permission under section 11, applies for a certificate under section 12, or applies for renewal under section 16 to provide, as an identification document, the Aadhaar number of all its office bearers or Directors or other key functionaries, or a copy of the Passport or Overseas Citizen of India Card in case of a foreigner. The Rules now speak of "each key functionary" for the affidavit in Proforma 'AA'.
The text of section 12A
"12A. Notwithstanding anything contained in this Act, the Central Government may require that any person who seeks prior permission or prior approval under section 11, or makes an application for grant of certificate under section 12, or, as the case may be, for renewal of certificate under section 16, shall provide as identification document, the Aadhaar number of all its office bearers or Directors or other key functionaries, by whatever name called, issued under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, or a copy of the Passport or Overseas Citizen of India Card, in case of a foreigner."
| Element | What the section says |
|---|---|
| Nature | An enabling power: the Central Government "may require" |
| Override | "Notwithstanding anything contained in this Act" |
| Applications covered | Prior permission or prior approval (section 11); certificate (section 12); renewal (section 16) |
| Whose identification | "All" its office bearers or Directors or other key functionaries, by whatever name called |
| Document | Aadhaar number for others; passport or OCI Card copy for a foreigner |
The words "by whatever name called" mean a change of title does not avoid the requirement. The section prints "prior permission or prior approval" under section 11, while section 11 itself speaks of prior permission; read it as printed. The section is silent on an Indian citizen who has no Aadhaar number, and on how the numbers are to be stored; it does not set out what the Aadhaar Act says. Aadhaar numbers are personal data, so the organisation should limit who handles the numbers it collects. See the article on section 12A.
Where the Rules and Forms ask for it
Section 12A is a power; the Rules and Forms show how it is used. Form FC-3A item 6 asks for details of all office bearers, directors or other key functionaries, with columns for nationality, Aadhaar number, PAN, occupation, designation, relationships and contact details, and details of any foreigner. Form FC-3C asks for changed key functionaries since the original application. Form FC-6E (change in key members) asks for the Aadhaar number of each key member and, for a foreigner, passport, PIO or OCI Card and residence details. Form FC-7 (surrender) asks for the Aadhaar number of the chief functionary. The Forms are submitted in electronic form, as the rules state. See the article on Forms FC-3A, FC-3B, FC-3BB and FC-3C.
Key functionaries in the Rules, as they stand
S.O. 3272(E) of 22 June 2026 inserted rule 2(1)(ca): "key functionary", in relation to a person other than an individual, includes (i) the Director of a company; (ii) a partner in a firm; (iii) a trustee of a trust; (iv) the Karta of a Hindu undivided family; (v) an office bearer, member of the governing body, managing committee or other controlling authority of a society, trust, trade union or association of individuals; and (vi) any other officer or person, by whatever name called, who has control over, or responsibility for the management or affairs of such person.
The same notification changed several rules to use the term:
| Rule | Present wording |
|---|---|
| 9(1)(a) (registration) | Affidavit in Proforma 'AA' executed by "each key functionary" (previously each office bearer and key functionary and member) |
| 9(2)(f)(ii) (prior permission) | Tests refer to "the key functionaries" of the recipient: seventy-five per cent. shall not be members or employees of the foreign donor organisation (item B), and, for a single foreign donor, seventy-five per cent. shall not be family members or close relatives of the donor (item D) |
| 12(2) (renewal) | Affidavit of "each key functionary" |
| 17A(iv) | Change in "key functionaries" mentioned in the application for grant, prior permission or renewal, intimated in Form FC-6E |
| 5(i) and (iii) | Remuneration and travel of "key functionaries" are administrative expenses |
Rule 9, Explanation 1 says an association having foreign nationals, other than those of Indian origin, as its key functionaries shall ordinarily not be considered eligible for registration or prior permission; the Central Government may by order specify cases, and none is described here. Section 12(4)(e) separately requires that none of the directors or office bearers of a person other than an individual has been convicted or has a prosecution pending; see the article on the section 12(4) conditions.
Two inconsistencies to note
- The Declaration and Undertaking in Forms FC-3A, FC-3B and FC-3C (2020 text) still speaks of "office bearers and key functionaries and members", while rules 9(1)(a) and 12(2) now require an affidavit of "each key functionary". No later notification held changes the Forms' wording.
- The Forms FC-6A to FC-6E speak of "key members", whereas rule 17A(iv) says "key functionaries".
Both are stated as printed; check the official text before relying on either wording.
Practical steps for the governing body
Example (invented). Seva Sangam Society has seven governing body members, six Indian citizens and one foreign national resident in India. If the Central Government requires identification under section 12A when the Society applies, the Society would provide the Aadhaar numbers of the six and a copy of the passport or OCI Card of the seventh. The same would apply on renewal and on an application for prior permission. Because the seventh member is a foreign national, Explanation 1 to rule 9 also matters: unless of Indian origin, the association ordinarily is not considered eligible.
- List every office bearer, Director, trustee, member of the governing body and other person with control over management, and match each to the identification document.
- Keep the list current: a change of key functionaries is intimated in Form FC-6E within forty five days and is effective only after final approval (rule 17A).
- Prepare the Proforma 'AA' affidavit for each key functionary; for a person added later, an affidavit goes with Form FC-6E.
- Take advice if any person falls in a class barred by section 3; see section 3.
Need help with affidavits and the key functionary list?
Where each key functionary must give an affidavit and a document, a missing paper holds up the whole application. Our affidavit and declaration drafting team can prepare the set, and a legal consultation can resolve who counts as a key functionary in your structure.
Key takeaways
- Section 12A lets the Central Government require the Aadhaar number of all office bearers, Directors or other key functionaries, or a passport or OCI Card copy for a foreigner.
- It applies to applications under sections 11, 12 and 16.
- Rule 2(1)(ca) defines "key functionary" from 22 June 2026, and rules 9(1)(a) and 12(2) require an affidavit of each key functionary.
- Foreign nationals not of Indian origin as key functionaries are ordinarily ineligible (Explanation 1 to rule 9).
Read next
- Rules 1 and 2: short title, commencement and definitions
- Rule 12: renewal of certificate of registration
- Rule 17A: intimating changes
- Section 12: application, grant, refusal and validity
Disclaimer: Based on the Foreign Contribution (Regulation) Act, 2010 as enacted, read with the Amendment Act, 2020 and the other amendments named in this article, and on the Foreign Contribution (Regulation) Rules, 2011 as amended by the notifications named (latest consulted: S.O. 3272(E) dated 22 June 2026), as consulted on 2 October 2026. No consolidated official text was available; some provisions rest on a third-party copy and are identified as such. Later amendments, notifications and Ministry of Home Affairs orders should be checked. This article is general information, not legal advice; check the official text before acting.