Apply for FCRA Prior 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.
An organisation that is not registered under the Foreign Contribution (Regulation) Act, 2010 may still accept foreign contribution for a specific purpose from a specific source, but only after the Central Government gives prior permission. The application is made in electronic form in Form FC-3B, with a donor's specific commitment letter, an FCRA Account and a fee of rupees five thousand. This article sets out what the Act, rule 9 and the Form print.
It is written as per the Foreign Contribution (Regulation) Act, 2010 read with the Amendment Act, 2020, and the Foreign Contribution (Regulation) Rules, 2011 as amended by the notifications named in this article (latest consulted: S.O. 3272(E) dated 22 June 2026). Later amendments, notifications and Ministry of Home Affairs orders should be checked. The Rules say "in electronic form" and name the Form; they print no screen-by-screen steps, so none are given.
Section 11(2): an unregistered person with a definite programme may accept foreign contribution only after prior permission, valid for the specific purpose and from the specific source. Rule 9(1)(a): Form FC-3B, in electronic form, with an affidavit in Proforma 'AA'. Rule 9(2): an FCRA Account, a specific commitment letter from the donor stating amount and purpose, and tests where the donor and the applicant share members. Fee: rupees five thousand only (rule 9(4)(a)). The chief functionary signs the Form with the seal.
When prior permission is the route
Section 11(1) requires a certificate of registration from a person with a definite cultural, economic, educational, religious or social programme. Section 11(2) provides that such a person, if not registered, may accept foreign contribution only after obtaining the prior permission of the Central Government, which is valid for the specific purpose for which it is obtained and from the specific source. Section 12(6) adds that prior permission is valid for the specific purpose or specific amount of foreign contribution proposed to be received. A body that expects continuing contributions applies for registration instead; see our article on registration and section 11.
Section 12(4)(c) is the condition for this route: the applicant "has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilised". The other conditions in section 12(4), on the applicant's record, the convictions and pending prosecutions of directors or office bearers, and the public interests in clause (f), also apply; see the conditions. Our 12A, 80G and CSR registration team handles the wider registration groundwork.
What rule 9 requires
| Provision | Requirement as printed |
|---|---|
| Rule 9(1)(a) | An application for prior permission under section 11(2) is made in electronic form in Form FC-3B with an affidavit in Proforma 'AA'. The affidavit is by "each key functionary" after the 2026 notification, which did not state that it applies at both places the words appear in the clause |
| Rule 9(2)(d) | The person shall have an FCRA Account |
| Rule 9(2)(e) | Any utilisation account is intimated in Form FC-6D within forty five days of opening |
| Rule 9(2)(f)(i) | A specific commitment letter from the donor, indicating the amount of foreign contribution and its purpose |
| Rule 9(2)(f)(ii) | Where the recipient and a foreign donor organisation have common members, tests on the chief functionary and on seventy-five per cent. of the key functionaries |
| Rule 9(2A) | Pending applications were to be considered after the details of the FCRA Account were furnished |
| Rule 9(3) | No second application within six months after submitting an application for prior permission for the same project or for registration |
| Rule 9(4)(a) | Fee of rupees five thousand only, through the payment gateway specified by the Central Government |
Sub-rule (2)(a) to (c), which once required a hard copy to follow an online application, are shown omitted in the consolidation consulted. Clause (d) of rules 9(1) and 9(2) both refer to an application "under clause (a) of sub-rule (1)"; that is quoted as printed. Section 12(1A) separately requires the FCRA Account and its details in the application; the bank branch is left to a notification not in the texts consulted, so none is named. See section 17.
The common-members tests, rule 9(2)(f)(ii)
If the recipient and a foreign donor organisation have common members, permission is granted subject to four conditions: (A) the recipient's chief functionary shall not be part of the donor organisation; (B) seventy-five per cent. of its key functionaries shall not be members or employees of the donor organisation; (C) where the donor organisation is a single individual, that individual shall not be a key functionary of the recipient; (D) where there is a single foreign donor, seventy-five per cent. of the key functionaries shall not be the donor's family members or close relatives. The rule does not say how the seventy-five per cent. is shown. See rules 9 and 9A.
What Form FC-3B contains
The Form is addressed to the Secretary, Ministry of Home Affairs, Foreigners Division (FCRA Wing), and is marked as being under clause (a) of sub-rule (1) of rule 9. Its parts, as substituted in 2020 and amended in 2025 and 2026:
- details of the applicant, its registration (the Societies Registration Act, 1860, the Indian Trusts Act, 1882 or the Companies Acts), nature and main aims and objects;
- details of all office bearers, directors or other key functionaries, with nationality, Aadhaar number and PAN, and of any foreigner;
- the fee paid, and disclosures on convictions, prosecutions, diversion of funds, prohibition, links with foreign-based bodies and earlier proceedings;
- details of the FCRA Account, the commitment of foreign contribution from the donor, and the foreign source, including, for an individual donor, nationality and passport number;
- from 2026, whether the applicant was constituted under a Central or State Act or order, is wholly owned by a Government, or is audited by the Comptroller and Auditor General.
The 2025 Note to the Form lists the enclosures: a commitment letter from the donor with an amount matching the Form; a project report with a detailed break-up of proposed expenses and a declaration that administrative expenses shall not exceed 20% of the foreign contribution; a letter from the chief functionary giving point-wise details against the Ministry's guidelines for prior permission; and an undertaking to adhere to the Good Practice Guidelines of the Financial Action Task Force. Section 8 sets the limit on administrative expenses; see section 8 and the Forms article.
Who signs
The chief functionary (Chairperson, President, Secretary, CEO or MD) signs the Form in block letters with the seal, and signs the Declaration and Undertaking: that the information is true and correct, that receipt and utilisation shall not violate the Act, Rules, notifications or orders, and that the key functionaries meet the section 12(4) criteria, with a Proforma 'AA' affidavit. The declaration still uses "office bearers and key functionaries and members", while rule 9(1)(a) now says "each key functionary"; both are stated as printed. Our affidavit and declaration drafting service can prepare the affidavits against the Form's text.
After the grant
Under section 12(3) the Central Government may, ordinarily within ninety days of receipt, give prior permission; if it does not, it communicates the reasons. A refusal is by an order recording reasons (section 12(5)), appealable to the High Court within sixty days under section 31(2). The Act and the Rules print no other processing time. Where the value on the date of final disposal exceeds rupees one crore, rule 9A lets the Central Government permit receipt in instalments; later instalments need Form FC-3BB, utilisation of seventy-five per cent. of the previous instalment and a field inquiry.
Need help with a prior permission application?
A one-time grant depends on a commitment letter that matches the Form and a clear view of any common members. Speak to our legal consultation team with the donor's letter and the list of key functionaries.
Key takeaways
- Prior permission is for a specific purpose and source (section 11(2)); Form FC-3B, in electronic form, fee rupees five thousand only.
- Rule 9(2) needs an FCRA Account and a specific commitment letter from the donor.
- Instalments above rupees one crore need Form FC-3BB for the second and later release.
Read next
- Rules 9 and 9A: prior permission and receipt in instalments
- Rule 9: fees, second application and foreign nationals
- Section 12: application, grant, refusal and validity
- Section 31: appeal
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.