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.
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
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
| Date | Change | What it means |
|---|---|---|
| 26 September 2010 | The Foreign Contribution (Regulation) Act, 2010 receives assent, replacing the 1976 Act | The framework still in force |
| 2016 | The Finance Act, 2016 adds the FEMA proviso, with effect from 26 September 2010 | Indian companies whose foreign holding is within FEMA limits aren’t foreign sources on the shareholding test |
| 16 September 2019 | Rule 6A | Personal gifts worth up to ₹1 lakh aren’t foreign contribution |
| 28 September 2020 | The FCRA Amendment Act, 2020 receives assent | Transfers banned, 20% cap, SBI New Delhi account, Aadhaar, surrender |
| 13 October 2020 | The MHA sets 31 March 2021 to open the SBI New Delhi account, later extended to 30 June 2021 | All foreign contribution arrives at one branch |
| 10 November 2020 | Rules amended (G.S.R. 695(E)) | Three years and ₹15 lakh for registration; donors’ commitment letters for prior permission |
| 8 April 2022 | The Supreme Court upholds the 2020 amendments | Indian office-bearers may give a passport instead of Aadhaar |
| 1 July 2022 | Rules amended (G.S.R. 506(E)) | Relatives’ limit ₹10 lakh; 45 days for changes; no quarterly disclosure; new compounding table |
| 22 September 2023 | Rules amended (G.S.R. 683(E)) | Form FC-4 asks for assets created from foreign contribution |
| 1 January 2025 | Rules amended (G.S.R. 790(E), of 31 December 2024) | Unused administrative allowance carried to the next year |
| 26 May 2025 | Rules amended (G.S.R. 342(E)) | Fuller documents; publication undertakings; FATF undertaking for prior permission |
| 30 September 2025 | MHA public notice | Apply to renew at least four months before expiry |
| 25 March 2026 | The FCRA Amendment Bill, 2026 is introduced in the Lok Sabha | Pending |
| 22 June 2026 | Rules amended (S.O. 3272(E)) | Purposes and states; FC-6F; ₹10 lakh activity test; foreign key functionaries; FC-3BB; fuller FC-4 |
| 12 August 2026 | The Bill is referred to a Joint Parliamentary Committee | Pending |
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.
| Change | Section | What it means in practice |
|---|---|---|
| No transfer of foreign contribution to any other person | 7 | No 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 Branch | 17 | One front door; other FCRA and utilisation accounts sit behind it |
| That account opened before applying | 12(1A) | Applicants open it first |
| Aadhaar numbers of office-bearers, directors and key functionaries, or passports or OCI cards for foreigners | 12A | Identity checks at registration, prior permission and renewal |
| Public servants barred from accepting foreign contribution | 3(1)(c) | A wider barred list |
| Inquiry before renewal | 16 | Renewal is no longer automatic |
| Suspension for up to 180 days, extendable by 180 more | 13 | Longer freezes are possible |
| Surrender of a registration | 14A | Only 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:
| Change | What 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 groups | Foreign contribution may be used only for the purposes and in the states on the certificate |
| Form FC-6F within a year for existing registrants | Confirm your purposes and states by 21 June 2027 |
| ₹300 for each extra purpose or state | The ₹10,000 registration fee covers one of each |
| Foreign nationals, other than those of Indian origin, ordinarily ineligible as key functionaries | Boards 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 inquiry | Instalments 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 India | No foreign-funded work abroad |
| Fuller FC-4: websites, social media, ultimate donors, use by project, an activity report, publications, UDINs | More 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
- Foreign Contribution (Regulation) Amendment Act, 2020 · Ministry of Home Affairs
- Foreign Contribution (Regulation) Amendment Rules, 2026 (S.O. 3272(E), 22 June 2026) · Ministry of Home Affairs
- Foreign Contribution (Regulation) Amendment Rules, 2025 (G.S.R. 342(E)) · Ministry of Home Affairs
- The Foreign Contribution (Regulation) Amendment Bill, 2026 · PRS Legislative Research
- Supreme Court upholds recent FCRA amendments · AZB & Partners
- FCRA Amendment Rules, 2022: what changed · Nishith Desai Associates
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