Documents Required to Register a Foreign Subsidiary in India
Getting the paperwork right is the single biggest factor in how quickly a foreign company can incorporate in India. This article sets out the complete list of documents required to register a foreign subsidiary in India, including the apostille and notarisation rules that trip up most first-time applicants.
Two Categories of Documents
The paperwork falls into two groups: documents of the foreign parent company and its foreign directors/shareholders, and documents relating to the Indian company being formed (registered office, resident director, etc.). The foreign documents need legalisation; the Indian ones generally do not.
Documents from the Foreign Parent Company
- Certificate of Incorporation of the parent company.
- Charter documents — Memorandum and Articles / by-laws.
- Board Resolution authorising the investment in the Indian subsidiary and nominating the authorised representative.
- Proof of registered address of the parent.
- Details of the authorised signatory who will subscribe to shares on behalf of the parent.
All of these must be notarised and apostilled (or consularised) in the parent’s home country.
Documents from Foreign Directors and Shareholders
- Passport — the mandatory identity proof for any foreign national.
- Address proof — a recent (within 2 months) bank statement, electricity bill, telephone bill, or driving licence.
- Passport-size photograph.
- Email ID and mobile number for OTP verification.
These identity and address documents must also be notarised and apostilled. If documents are in a language other than English, a certified translation is required.
Documents for the Indian Resident Director
- PAN card (mandatory).
- Aadhaar card.
- Address proof — recent bank statement or utility bill.
- Passport-size photograph.
A foreign subsidiary needs at least one resident director; the others can be foreign nationals. For the full rule, see our note on directors and shareholders of an Indian subsidiary.
Documents for the Registered Office
- Proof of the registered office address — a recent utility bill in the owner’s name.
- No-Objection Certificate (NOC) from the owner of the premises.
- Rent or lease agreement, if the premises are rented.
Understanding Apostille vs Consularisation
If the parent’s country is a member of the Hague Apostille Convention, documents are notarised and then apostilled by the competent authority. If the country is not a member, documents are notarised and then attested (consularised) by the Indian embassy or consulate. Getting this step wrong is the most common cause of resubmission, so confirm your country’s status before you begin.
Document Checklist Summary
| From | Key Documents | Legalisation |
|---|---|---|
| Foreign parent | Incorporation cert, charter, board resolution | Notarised + apostilled |
| Foreign director | Passport, address proof, photo | Notarised + apostilled |
| Resident director | PAN, Aadhaar, address proof | Self-attested |
| Registered office | Utility bill, NOC, rent agreement | Self-attested |
Frequently Asked Questions
How recent should address proofs be?
Bank statements and utility bills should generally be no older than two months at the time of filing.
Do documents in a foreign language need translation?
Yes — a certified English translation is required for any non-English document.
How long is an apostille valid?
An apostille does not expire, but the underlying documents (like address proof) must still be recent enough for MCA acceptance.
Can the apostille be done after filing?
No. Apostille/consularisation must be completed before the documents are attached to the incorporation forms.
Get Your Documentation Right the First Time
A single missing attestation can delay incorporation by weeks. S. Choudhary & Co. guides foreign promoters through the exact documentation and filing. See our foreign subsidiary guide and incorporation services, or call +91 90248 28295 · sushil@sushilchoudhary.com.
