Australia–India focus

Company Registration in India from Australia

Planning company registration in India from Australia? This guide covers why Australian businesses are entering India now, what the Australia–India Apostille arrangement means for your paperwork, the entry structures available to you, and the practical steps involved in incorporation.

Why Australian businesses are entering India

India–Australia trade has grown rapidly since the Economic Cooperation and Trade Agreement (ECTA) took effect in December 2022, with two-way trade reaching around US$24.1 billion by 2024–25. From January 2026, all Indian exports have zero-duty access into the Australian market, and the two countries are now negotiating a deeper Comprehensive Economic Cooperation Agreement (CECA). Alongside India's scale, talent pool and expanding industrial base, this growing trade and investment relationship makes direct registration of an Indian entity an increasingly practical next step rather than working through intermediaries alone.

Documents for company registration in India from Australia: apostille, not embassy legalisation

Both Australia and India are members of the Hague Apostille Convention. In practice, this means documents executed in Australia for Indian company registration — identity documents, board resolutions, powers of attorney — generally only need an apostille from Australia's Department of Foreign Affairs and Trade (DFAT), rather than the more time-consuming embassy legalisation process required for non-member countries.

Entry structures for company registration in India from Australia

Most Australian companies choose a wholly owned subsidiary — a separate Indian company that gives you full operational control and can trade, hire and generate revenue directly. A Branch Office extends your existing Australian company into India for permitted activities such as consultancy or export/import, without incorporating a new entity. A Liaison Office suits businesses that only need a representative presence, for market research or coordinating with Indian partners, without conducting commercial activity. We help you work through which structure actually fits your plans, rather than defaulting to one.

One requirement that catches many Australian boards by surprise: under Section 149(3) of the Companies Act, 2013, every Indian company — including a wholly owned subsidiary with 100% Australian shareholding — needs at least one director who is resident in India for 182 days or more in the financial year, even if the rest of the board is entirely Australian. If your directors will only visit occasionally, this is usually addressed with a professional resident director alongside your own board.

See our complete guide to the resident director requirement for how it works, what it costs, and the three ways foreign companies typically satisfy it.

Once your subsidiary is running, two further annual filings apply on top of standard RoC compliance: the FLA Return to the RBI, and — if your Indian company transacts with its Australian parent, such as management fees or intercompany charges — Form 3CEB transfer pricing documentation. See our guide to FLA Return and transfer pricing compliance for the deadlines and what each actually requires.

For the full document checklist and how India's FDI automatic-vs-government-approval route split works by sector, see our step-by-step incorporation guide.

Company registration process in India from Australia, step by step

For a subsidiary, incorporation typically follows this sequence:

Obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for your directors.
Reserve your company name with the Ministry of Corporate Affairs.
Prepare and apostille the required Australian director and shareholder documents.
File the SPICe+ incorporation form and supporting documents.
Complete post-incorporation steps — PAN, TAN, a bank account and any applicable GST registration.

Branch, Liaison and Project Offices instead go through an RBI-authorised bank rather than the MCA. For the full walkthrough — DSC, DIN, SPICe+ filing and what happens after your Certificate of Incorporation — see our step-by-step incorporation guide.

FAQs: company registration in India from Australia

Do I need to travel to India for company registration in India from Australia? No — incorporation can be completed remotely. Company registration in India from Australia is done with documents apostilled in Australia and filings handled by your India-based team, with no travel required for the standard subsidiary route.

Can profits be repatriated back to Australia? Yes. Dividends from company registration in India from Australia are freely repatriable once withholding tax is deducted, and Australia’s tax treaty with India can reduce the applicable rate.

Is there a minimum capital requirement? No. India abolished the minimum paid-up capital requirement for private limited companies years ago, so company registration in India from Australia can start with any authorised capital amount your business plan calls for.

How long does company registration in India from Australia take? Typically around 10–15 working days once your Australian director and shareholder documents are apostilled and ready, covering DSC and DIN issuance, name approval and SPICe+ processing — though name-approval or document queries can extend this.

How much does company registration in India from Australia cost? The MCA government filing fee for the SPICe+ incorporation form itself is nil for authorised capital up to ₹15 lakh — which covers most new subsidiaries outright — under Schedule I of the Companies (Registration Offices and Fees) Rules, 2014. On top of that, state stamp duty applies and varies depending on which Indian state you register your office in, plus DSC, apostille and professional fees. We quote a fixed total once we know your structure and registered office state.

Explore other markets

AU Corporate publishes dedicated guides for businesses entering India from other markets, and a full introduction to our team on the About AU Corporate page.

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