Skip to content

Explainer

The 2020 FCRA amendments, and what’s changed since

Since 2020, India’s foreign funding law has been tightened by one Act and several rounds of rules, and another Bill is pending. Here is each change in order, and what it means in practice.

SocioStory Knowledge desk

Reviewed 10 min read

At a glance10 min read

  • The FCRA Amendment Act, 2020 banned transfers of foreign contribution, cut the administrative cap from 50% to 20%, and made every organisation receive foreign money at SBI’s New Delhi Main Branch.
  • The Supreme Court upheld the main 2020 changes on 8 April 2022, while letting Indian office-bearers give a passport instead of an Aadhaar number.
  • The July 2022 rules raised the relatives’ limit to ₹10 lakh, allowed 45 days to report changes, dropped quarterly website disclosures and brought in a new compounding table.
  • The rules of 22 June 2026 made registration purpose- and state-specific, required existing registrants to file Form FC-6F within a year, and tied renewal to ₹10 lakh of foreign contribution used in two years.
  • The Foreign Contribution (Regulation) Amendment Bill, 2026 is with a Joint Parliamentary Committee. As of October 2026 it isn’t law.
On this page
  1. The timeline at a glance
  2. The 2020 Act, change by change
  3. The Supreme Court’s 2022 judgment
  4. The 2022 rule changes
  5. 2023 to 2025: more reporting and more documents
  6. The June 2026 rules
  7. What’s proposed: the 2026 Bill
  8. What it all means in practice
  9. Questions people ask
  10. Sources

The FCRA Amendment Act, 2020 made India’s foreign funding law much stricter: it banned passing foreign contribution to other organisations, cut the share that can go on administration from 50% to 20%, and made every organisation receive foreign money in one account at SBI’s New Delhi Main Branch. Rule changes in 2022, 2023, 2024, 2025 and June 2026 have added to it, and a further Bill is before Parliament.

This guide sets out each change in order, with what it means in practice, for NGO leaders, finance staff and the donors who fund them. It describes the law as in force on 3 October 2026. For an overview of the whole Act, start with what FCRA is.

The timeline at a glance

DateChangeWhat it means
26 September 2010The Foreign Contribution (Regulation) Act, 2010 receives assent, replacing the 1976 ActThe framework still in force
2016The Finance Act, 2016 adds the FEMA proviso, with effect from 26 September 2010Indian companies whose foreign holding is within FEMA limits aren’t foreign sources on the shareholding test
16 September 2019Rule 6APersonal gifts worth up to ₹1 lakh aren’t foreign contribution
28 September 2020The FCRA Amendment Act, 2020 receives assentTransfers banned, 20% cap, SBI New Delhi account, Aadhaar, surrender
13 October 2020The MHA sets 31 March 2021 to open the SBI New Delhi account, later extended to 30 June 2021All foreign contribution arrives at one branch
10 November 2020Rules amended (G.S.R. 695(E))Three years and ₹15 lakh for registration; donors’ commitment letters for prior permission
8 April 2022The Supreme Court upholds the 2020 amendmentsIndian office-bearers may give a passport instead of Aadhaar
1 July 2022Rules amended (G.S.R. 506(E))Relatives’ limit ₹10 lakh; 45 days for changes; no quarterly disclosure; new compounding table
22 September 2023Rules amended (G.S.R. 683(E))Form FC-4 asks for assets created from foreign contribution
1 January 2025Rules amended (G.S.R. 790(E), of 31 December 2024)Unused administrative allowance carried to the next year
26 May 2025Rules amended (G.S.R. 342(E))Fuller documents; publication undertakings; FATF undertaking for prior permission
30 September 2025MHA public noticeApply to renew at least four months before expiry
25 March 2026The FCRA Amendment Bill, 2026 is introduced in the Lok SabhaPending
22 June 2026Rules amended (S.O. 3272(E))Purposes and states; FC-6F; ₹10 lakh activity test; foreign key functionaries; FC-3BB; fuller FC-4
12 August 2026The Bill is referred to a Joint Parliamentary CommitteePending

The 2020 Act, change by change

The FCRA Amendment Act, 2020 (No. 33 of 2020) was passed by both Houses in September 2020 and received assent on 28 September 2020.

ChangeSectionWhat it means in practice
No transfer of foreign contribution to any other person7No sub-grants or re-grants, even to FCRA-registered partners
Administrative cap cut from 50% to 20%8(1)(b)Core costs must fit a much smaller share of each grant
All foreign contribution received in the FCRA Account at SBI’s New Delhi Main Branch17One front door; other FCRA and utilisation accounts sit behind it
That account opened before applying12(1A)Applicants open it first
Aadhaar numbers of office-bearers, directors and key functionaries, or passports or OCI cards for foreigners12AIdentity checks at registration, prior permission and renewal
Public servants barred from accepting foreign contribution3(1)(c)A wider barred list
Inquiry before renewal16Renewal is no longer automatic
Suspension for up to 180 days, extendable by 180 more13Longer freezes are possible
Surrender of a registration14AOnly after an inquiry, with the money and assets vesting first

The Act also lets the government, after a summary inquiry, restrict a prior-permission holder’s use of its unspent foreign contribution while a fuller inquiry runs. Our guides to using foreign contribution and the FCRA bank accounts explain the transfer ban, the cap and the account in practice.

The Supreme Court’s 2022 judgment

On 8 April 2022, in Noel Harper v. Union of India, the Supreme Court upheld the 2020 amendments to Sections 7, 12(1A), 12A and 17. It read down Section 12A so that an Indian office-bearer may give a passport instead of an Aadhaar number. Lawyers read the judgment as drawing a line between transferring foreign contribution, which is banned, and paying for goods and services an organisation’s own project needs, which is using it.

The 2022 rule changes

The rules notified on 1 July 2022 (G.S.R. 506(E)) eased several requirements:

  • Relatives. Anyone receiving foreign contribution from relatives now reports it on Form FC-1 only above ₹10 lakh in a financial year, within three months; the limits had been ₹1 lakh and 30 days.
  • Reporting changes. Changes of name, address, aims, bank accounts and key members are reported on the FC-6 forms within 45 days, not 15.
  • Website. The quarterly website disclosure of foreign contribution received was dropped; the annual accounts still go on the website.
  • Compounding. A new table of compounding amounts covers 12 offences. Accepting foreign contribution without permission, for example, costs ₹1 lakh or 30% of the amount, whichever is higher.
  • Revision. Applications to revise an order are made online.

2023 to 2025: more reporting and more documents

  • 22 September 2023 (G.S.R. 683(E)). Form FC-4 began asking for tables of movable and immovable assets created from foreign contribution.
  • 1 January 2025 (G.S.R. 790(E)). An organisation may carry the unspent part of its administrative allowance into the next financial year, with reasons in FC-4. FC-4 also asks about foreign contribution received as an income-tax refund into a non-FCRA account, and the chartered accountant now reports any violations.
  • 26 May 2025 (G.S.R. 342(E)). Applications for registration, prior permission and renewal need fuller documents: three years’ accounts and activity reports, undertakings on publications, a “Not a Newspaper” certificate where relevant, and affidavits on foreign contribution received after expiry. Prior permission also needs a commitment letter matching the form, a project report keeping administration within 20%, and an undertaking to follow the Financial Action Task Force’s good practice guidelines. FC-4 gained revised asset tables and a certificate of receipts and use by project and location.
  • 30 September 2025. An MHA notice asked organisations to apply for renewal at least four months before expiry, although the legal window is six months.

The June 2026 rules

The FCRA (Amendment) Rules, 2026 (S.O. 3272(E)) took effect on 22 June 2026, the biggest change since 2020:

ChangeWhat it means in practice
“Key functionary” defined (Rule 2(1)(ca))Directors, trustees, office-bearers, governing body members and anyone who controls the organisation
Purpose- and state-specific registration, from a schedule of 105 purposes in five groupsForeign contribution may be used only for the purposes and in the states on the certificate
Form FC-6F within a year for existing registrantsConfirm your purposes and states by 21 June 2027
₹300 for each extra purpose or stateThe ₹10,000 registration fee covers one of each
Foreign nationals, other than those of Indian origin, ordinarily ineligible as key functionariesBoards with foreign members need advice before applying
Form FC-3BB for later prior-permission instalments, released after 75% of the last one is used and a field inquiryInstalments arrive more slowly
“Reasonable activity” means ₹10 lakh of foreign contribution used in two financial years (Rule 14A)Dormant registrations risk refusal at renewal, and cancellation
Foreign contribution only for activities in IndiaNo foreign-funded work abroad
Fuller FC-4: websites, social media, ultimate donors, use by project, an activity report, publications, UDINsMore preparation for each annual return

Still uncertain, as of October 2026:

  • what happens to an organisation that doesn’t file FC-6F by 21 June 2027;
  • whether FC-4’s question on ultimate donors reaches back to grants agreed before 22 June 2026;
  • how the ₹10 lakh test treats an organisation that falls short for reasons outside its control;
  • the current fees for prior permission and renewal;
  • and which authority holds the money and assets that vest under Section 15.

Our compliance checklist turns the new duties into dates.

What’s proposed: the 2026 Bill

What it all means in practice

  • Design partnerships without re-grants. Each partner needs its own registration or prior permission and its own grant from the donor.
  • Budget administration below 20%, and use the carry-forward if a year runs under the cap.
  • Keep one route for the money: donors pay the SBI New Delhi account, and nothing else goes into any FCRA account.
  • Plan renewal a year ahead, with the ₹10 lakh test in mind, and apply at the six-month mark.
  • File FC-6F early, after checking your objects and your work against the schedule of purposes.
  • Watch the Bill, but don’t plan around it until it passes. Our guide to suspension and cancellation explains the rules that apply today.

The Academy’s Starting an NGO course covers the 2026 changes in its FCRA lesson.

Questions people ask

What did the FCRA Amendment Act, 2020 change?

It banned the transfer of foreign contribution to any other person, cut the administrative cap from 50% to 20%, required all foreign contribution to be received in the FCRA Account at SBI’s New Delhi Main Branch, let the government require Aadhaar numbers of office-bearers, barred public servants, allowed inquiry before renewal and longer suspensions, and introduced surrender of registration.

Did the Supreme Court uphold the 2020 FCRA amendments?

Yes. On 8 April 2022, in Noel Harper v. Union of India, the Supreme Court upheld the amendments to Sections 7, 12(1A), 12A and 17. It read down Section 12A so that Indian office-bearers may give a passport instead of an Aadhaar number.

What are the FCRA Amendment Rules, 2026?

Rules in force from 22 June 2026 (S.O. 3272(E)). They make registration purpose- and state-specific, using a schedule of 105 purposes; require existing registrants to file Form FC-6F within a year; define reasonable activity as ₹10 lakh of foreign contribution used in two financial years; restrict foreign key functionaries; add Form FC-3BB; and expand the annual return.

Is the FCRA Amendment Bill, 2026 law?

No. It was introduced in the Lok Sabha on 25 March 2026 and referred to a Joint Parliamentary Committee on 12 August 2026. It must pass both Houses and receive the President’s assent before it can apply, so the current Act and Rules still govern foreign contribution.

Can FCRA-registered NGOs re-grant to partners after 2020?

No. Since the 2020 amendment, Section 7 bars any person with registration or prior permission from transferring foreign contribution to any other person, with no exception. Partners need their own registration or prior permission and their own grants from the donor.

Sources

  1. Foreign Contribution (Regulation) Amendment Act, 2020 · Ministry of Home Affairs
  2. Foreign Contribution (Regulation) Amendment Rules, 2026 (S.O. 3272(E), 22 June 2026) · Ministry of Home Affairs
  3. Foreign Contribution (Regulation) Amendment Rules, 2025 (G.S.R. 342(E)) · Ministry of Home Affairs
  4. The Foreign Contribution (Regulation) Amendment Bill, 2026 · PRS Legislative Research
  5. Supreme Court upholds recent FCRA amendments · AZB & Partners
  6. FCRA Amendment Rules, 2022: what changed · Nishith Desai Associates

Go deeper in the Academy

Your work deserves a story.

Tell us what you’ve done. Our editors will help you shape it, free.

Share your story
  • Foreign funding (FCRA)

    What is FCRA? Foreign funding rules for Indian NGOs

    The FCRA decides who in India may accept money or goods from abroad, and how they must receive, use and report it. Here is the law in plain words, what changed in 2020 and in June 2026, and where to go next.

    Explainer · 11 min read

  • Foreign funding (FCRA)

    The FCRA account at SBI New Delhi and utilisation accounts

    Every rupee of foreign contribution must first land in one account: the FCRA Account at the State Bank of India’s New Delhi Main Branch. Here is how to open it from anywhere in India, how to move and spend the money, and the mistakes that cause trouble.

    Guide · 9 min read

  • Foreign funding (FCRA)

    FCRA compliance checklist: FC-4, disclosures and renewal

    FCRA registration comes with a yearly rhythm of returns, disclosures and deadlines, and since June 2026 a tougher renewal test. Here is what to file, when, and what happens if you’re late.

    Checklist · 10 min read