FCRA Amendment Bill, 2026: How This May Affect Non-profits
- Naman Khatwani & Nivedita Krishna
- 6 days ago
- 1 min read
Updated: 16 hours ago
The Foreign Contribution (Regulation) Amendment Bill, 2026 (“2026 Bill”) introduces an
important shift in how India regulates foreign funding. At a high level, the message is simple:
If your organisation loses (voluntarily or otherwise) Foreign Contributions Regulation Act,
2010 (“FCRA”) registration, the government now has a clear process to take over assets
created from foreign funds.
This idea is not entirely new but the way it is being implemented is. Indian law has long
taken the view that:
Charitable assets don’t belong to founders
They are meant for public purposes
Under the Income Tax Act, 1961, if an NGO shuts down, its assets must go to another
non-profit or be used for public benefit. Similarly, earlier FCRA (2020 amendment) already
said that: assets created from foreign funding could go to the government if registration is
cancelled.
Existing Law on Asset Takeover:
Section 15 of the FCRA allowed for a designated authority to manage the assets created out
of the foreign contribution by an organisation whose FCRA certificate has been cancelled
under Section 14 or surrendered under section 14A. The designated authority had the power
to utilise the foreign contribution or dispose of the assets created out of it in case adequate
funds are not available for running the organisation’s activity.
This law only applied if your FCRA registration was cancelled or voluntarily surrendered, not
if you allowed to let it lapse upon the certificate’s expiry. The idea was for the designated
authority to apply foreign assets towards public good, and only dispose them if necessary.
What has changed now:
The law now clearly lays out how this takeover of foreign contribution and assets acquired under FCRA will happen.
The Bill introduces a system where if your FCRA registration is:
a) cancelled
b) surrendered
c) or even expires without renewal
your foreign funds and related assets can be taken over by a government-appointed authority.
If your registration is not restored in time:
This takeover becomes permanent
Assets can even be:
-transferred to government bodies
-or sold with proceeds going to the Consolidated Fund of India
A Big Practical Concern: Mixed Funding Assets
Many non-profits build assets with a mix of domestic and foreign funding. The 2026 Bill
says: Assets created wholly or even partly using foreign funds shall be fully taken over. You
can apply to recover the non-foreign portion but only if it is clearly separable.
In real life, funding is often mixed and ascertaining asset value based on source of funding isnot straightforward. This creates uncertainty for organisations that have invested in
infrastructure using foreign funds, even if partly. A common example is Land bought with
domestic funds with buildings and infrastructure constructed using foreign funds. It is unclearhow the designated authority will take over such assets.
Infrastructure Funding May Get Harder
Foreign funding has often supported: Schools, Hospitals, Training centres. But now: Asset
takeover risk and Uncertainty in mixed funding may make organisations and donors hesitant
to fund buildings and long-term infrastructure. At the same time: Domestic funding for such
costs is already limited.
Another Tightening: Time Limits on Spending under Prior Permission route
The Bill also allows the government to set: Deadlines for using foreign funds received under
prior approval route. This means:
Funds must be used not just for the right purpose
But also within a fixed time
Together with asset rules, this signals: Foreign funding is being pushed toward short-term,
programmatic use, rather than long-term investments.
Missed Opportunities
While the Bill is very clear on how the government can take over assets, some everyday
issues remain unclear.
Why speaking orders are on FCRA applications (especially rejections) are not the
default?
Is a foreign share holder of a Section 8 company limited by share capital an FC
transaction?
What is the appeal process for administrative rejections?
Pacta’s Take: This amendment reflects a consistent idea in Indian law: Assets created for
public good are not private property. What’s changed is the level of control. The government
is now setting up a clear system to step in and manage those assets. For nonprofits, this
means:
Pay close attention to FCRA renewals and compliance
Be cautious about using foreign funds for infrastructure
Think carefully about how assets are structured
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