Doubt on FCRA act and utilisation account

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Dear Experts,

WE have utilised a zero balance FCRA for a local donor purpose it is a violation under FCRA act in case of violation what is the remedy available.  How to close a non utilised  FC utilisation account in MHA portal

Regards,

GK

Replies (1)

Hi GKannan,

Regarding your query on the FCRA (Foreign Contribution Regulation Act) and utilization account, here are some clarifications and suggestions:

1. Using Zero Balance FCRA Account for Local Donor Purpose

  • FCRA funds must be utilized only for the purpose for which foreign contribution is received.

  • If you have used the FCRA zero balance account (which is meant for foreign contribution) for a local donor purpose, it is a violation of the FCRA rules, as local funds and foreign contribution must be kept separate and used only as per the purpose.

2. Consequences of Violation

  • Non-compliance with FCRA provisions, such as misuse of the FCRA account, can invite penalties, including fines, suspension, or cancellation of FCRA registration.

  • MHA (Ministry of Home Affairs) monitors the utilization of foreign contributions strictly.

3. Remedy for the Violation

  • Rectify the mistake immediately by reversing the transaction or transferring the local funds to the correct local donor account if possible.

  • Disclose the violation voluntarily in your next annual FCRA return (Form FC-4) and explain the reason, corrective action taken, and steps to avoid future errors.

  • If required, seek legal or expert advice to prepare a response or representation to the MHA.

4. Closing a Non-utilized FCRA Utilization Account in MHA Portal

  • If an FCRA utilization account (bank account opened for the purpose of utilizing foreign funds) is no longer in use or non-utilized, you generally need to:

    • Ensure no funds are lying in the account.

    • Submit a formal request to your bank to close the account.

    • Update the MHA via the FCRA online portal about the closure of the account.

    • In the portal, there should be an option under the “Bank Details” or “Utilization Accounts” section to mark the account as closed or remove it after necessary compliance is done.

    • You may also attach a bank closure certificate or confirmation as evidence.


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