Section 12A 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 was not in the Act as enacted. The Foreign Contribution (Regulation) Amendment Act, 2020 inserted it. It lets the Central Government require the people behind an applicant, its office-bearers, Directors or other key functionaries, to identify themselves by Aadhaar number, or by a copy of a passport or Overseas Citizen of India Card if the person is a foreigner.
This article reads section 12A from paragraph 7 of the Foreign Contribution (Regulation) Amendment Act, 2020 (33 of 2020) only, since the section is not in the Act as enacted. Later amendments should be checked.
Section 12A says that, "notwithstanding anything contained in this Act", the Central Government may require a person who seeks prior permission or prior approval 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 text of section 12A
Paragraph 7 of the Amendment Act, 2020 inserted the following after section 12:
"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."
Reading the section piece by piece
"The Central Government may require." The section is an enabling power, not a direct command to every applicant. It says the Government "may require" the identification. Whether and how it does so in a given application depends on the application form and on the Government's requirement; those details are not described in this article. Where declarations about office-bearers are needed, our affidavit and declaration drafting service can prepare them.
"Notwithstanding anything contained in this Act." The section overrides any other provision of the Act that might point the other way. Section 12(2), for example, speaks of rejecting an application that does not contain the particulars specified in the prescribed form; section 12A adds an identification requirement of its own.
Which applications. There are three entry points:
| Application | Provision |
|---|---|
| Prior permission or "prior approval" | Section 11 |
| Grant of certificate | Section 12 |
| Renewal of certificate | Section 16 |
The words "prior approval" are used in the section text next to "prior permission"; the section as printed refers to "prior permission or prior approval under section 11". Section 11 itself speaks of prior permission. Read the section as printed.
Whose identification. The requirement is for "all its office bearers or Directors or other key functionaries, by whatever name called". The words "by whatever name called" prevent a change of title from avoiding the requirement. The Act does not define "key functionary" in section 12A. The Rules contain definitions of their own terms; they are explained in the article on rules 1 and 2, and this article does not state them.
For an association such as a society, the office-bearers and the governing body are defined by its own law, and our posts on the Societies Registration Act, 1860, such as member and governing body defined, explain those terms as a separate law. For a trust, the trustees stand in a similar position; for a company, the Directors.
Which document. For an Indian office-bearer, Director or key functionary, the identification document is the Aadhaar number "issued under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016". For a foreigner, it is "a copy of the Passport or Overseas Citizen of India Card". The section does not set out what the Aadhaar Act says, and this article does not describe it. The section also does not say what happens to a person who is an Indian citizen without an Aadhaar number, and it is silent on that point; if that arises, take advice and check the official text and any requirement made by the Government.
What it means in practice
Example (invented). Seva Sangam Society has seven governing body members, six Indian citizens and one foreign national who lives in India. If the Central Government requires identification under section 12A when the society applies for a certificate, the society would have to provide the Aadhaar numbers of the six, and a copy of the passport or OCI card of the seventh. The same would apply on an application for renewal under section 16, and on an application for prior permission under section 11.
A few practical points follow from the words of the section.
- Collect early. Because the requirement covers "all" office-bearers or Directors or other key functionaries, one missing person can hold up an application. Make a list of the governing body and match each name to the identification document.
- Keep the list current. Changes of office-bearers between applications will change who has to be named in the next application.
- Declarations. Where a person must declare facts about identification or about his role, a properly drafted affidavit or declaration helps.
- Handle with care. Aadhaar numbers are personal data. The organisation should limit who has access to the numbers it collects. The Act says nothing on storage.
The 2020 Amendment Act also inserted section 12(1A), which requires an applicant to open an "FCRA Account"; see the article on section 12. Section 12A and section 12(1A) are separate requirements and both came into force on the 29th September 2020 with the Amendment Act, by S.O. 3395(E).
Need help with declarations and identity papers?
Applications with many office-bearers often need a set of affidavits and declarations that match the identification documents. For drafting and notarisation support, see our affidavit and declaration drafting service.
Key takeaways
- Section 12A is a 2020 insertion; the Act as enacted has no such section.
- It is an enabling power: the Central Government "may require" identification.
- It applies to applications under sections 11, 12 and, for renewal, 16.
- The documents are the Aadhaar number of all office bearers, Directors or other key functionaries, or a copy of the passport or Overseas Citizen of India Card for a foreigner.
- The section is silent on a person who has none of these documents.
Read next
- Section 11: registration or prior permission
- Section 12: application, grant, refusal and validity
- Section 16: renewal of certificate
- Rules 1 and 2: short title, commencement and definitions
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.