How to Register a Society with Foreign Members or Funding
- akashkumar06
- Jul 17, 2025
- 4 min read
Societies are a popular structure in India for promoting charitable, educational, religious, and cultural objectives. While the general process of Society Registration is well-documented, complexities arise when a society includes foreign members or intends to receive foreign funding. In such cases, there are additional legal compliances and government approvals required, primarily under the Foreign Contribution (Regulation) Act (FCRA), 2010, along with the Societies Registration Act, 1860.
This blog explains how to properly register a society in India that either has foreign nationals as members or plans to receive funds from abroad. It also highlights key legal and procedural aspects that are essential for successful registration and ongoing compliance.
Inclusion of Foreign Members in Society
While the Societies Registration Act does not explicitly prohibit foreign nationals from being part of a society, their inclusion does require additional scrutiny. If your society includes one or more foreign nationals as members, especially on the governing body, you need to be prepared for more detailed verification by the Registrar.
The key conditions when involving foreign members include:
Foreign nationals must submit valid passport copies, visa details, and proof of residence.
Their participation should not violate any Indian law or visa conditions.
In some cases, depending on the state, prior permission from the Ministry of Home Affairs (MHA) may be sought.
It is advisable to keep foreign members as ordinary members and not assign them key positions such as President, Secretary, or Treasurer unless absolutely essential.
Steps for Society Registration with Foreign Members
Choose a Unique Name:Ensure the proposed name is not identical or deceptively similar to an existing society. Avoid using restricted words like “National” or “India” without permission.
Draft the Memorandum of Association and Rules & Regulations:Clearly mention the objectives of the society and the structure of the governing body. If foreign nationals are included, their full details must be mentioned here.
Prepare Identity Proofs and Address Proofs:Collect valid documents of all members, including foreign members. Foreign nationals must submit notarized copies of their passport, visa, and a letter of intent stating their role in the society.
Registered Office Proof:Submit a rent agreement or ownership proof along with a No Objection Certificate (NOC) from the property owner for using the premises as the society's office.
Submit the Application:File the Society Registration application with the Registrar of Societies in your jurisdiction. Include all required documents and affidavits.
Await Approval and Clarifications:If foreign members are involved, the Registrar may request additional clarifications or documentation. Be prepared to respond promptly.
Receiving Foreign Funding: FCRA Compliance
If the society intends to receive foreign donations or contributions, it must register under the FCRA, 2010. Without FCRA registration or prior approval, no society is legally allowed to accept foreign funds.
Key Requirements for FCRA Registration:
The society must be registered under the Societies Registration Act and must be at least 3 years old.
The society must have spent a minimum of Rs. 15 lakh over the last 3 years on its core activities (excluding administrative expenses).
A separate bank account must be opened in the State Bank of India (SBI), New Delhi branch, specifically for receiving foreign funds.
The society must not be engaged in activities that may pose a threat to national security or public interest.
The FCRA registration is granted by the Ministry of Home Affairs, and the process usually takes 3–6 months. The application is submitted online via the FCRA portal.
Alternatively, if a newly formed society wants to receive foreign funding, it can apply for prior permission instead of full registration. Prior permission is granted for receiving funds from a specific donor for a defined project.
Ongoing Compliance Under FCRA
Once registered, the society must maintain strict compliance under FCRA, including:
Filing an annual return (Form FC-4) detailing the foreign funds received and how they were used.
Notifying any changes in office bearers, bank accounts, address, or objectives to the MHA.
Renewing the FCRA registration every 5 years.
Failure to comply with FCRA rules can lead to penalties, suspension, or even cancellation of the society's registration under the Act.
Legal Considerations for Foreign Involvement
Apart from FCRA and Society Registration laws, societies with foreign involvement should be cautious about:
Ensuring the objectives are purely charitable and not commercial in nature.
Avoiding political or religious activities that may be seen as sensitive.
Keeping proper accounting and audit practices to maintain transparency.
Seeking legal assistance to vet agreements or partnerships with foreign donors or organizations.
Some states in India have stricter rules for societies with foreign links. Always check with the local Registrar for state-specific requirements.
Final Thoughts
Setting up a society in India with foreign members or funding is entirely possible, but it comes with added responsibility and scrutiny. You need to ensure that your society complies with both domestic regulations and international funding norms. Proper documentation, transparency, and a clear charitable vision will help you avoid legal pitfalls and successfully complete your Society Registration.
It’s highly recommended to take professional legal advice or consultancy services when foreign nationals or contributions are involved, as the legal framework can be complex. Careful planning at the initial stage can ensure smooth registration and sustainable operations in the long term.
Read more about Society Registration Documents Required for Society Registration
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