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Company Registration in India from Canada

Planning company registration in India from Canada? This guide covers a recent, genuinely useful change for Canadian filers — Canada's accession to the Apostille Convention — along with the entry structures available to you and the practical steps involved in incorporation.

Documents for company registration in India from Canada: the Apostille accession

Canada joined the Hague Apostille Convention on 11 January 2024. Before that date, Canadian documents for use in India — identity documents, board resolutions, powers of attorney — went through a multi-step legalisation chain involving notarisation, provincial or federal authentication, and Indian consular legalisation. Since accession, the same documents typically only need a single apostille certificate from the relevant Canadian competent authority (depending on the province, this may be Global Affairs Canada or a provincial authority), which is faster and more predictable for founders working to an incorporation timeline.

Entry structures for company registration in India from Canada

Most Canadian companies enter India through a wholly owned subsidiary — a separate Indian private limited company with full operational control, generally permitting 100% Canadian shareholding under the automatic route. A Branch Office extends an existing Canadian company into India for permitted activities such as consultancy, export/import or IT services without incorporating a new entity. A Liaison Office suits Canadian businesses that only need a representative presence for market research or partner coordination, without commercial activity.

Under Section 149(3) of the Companies Act, 2013, every Indian company — including one wholly owned by a Canadian parent — needs at least one director resident in India for 182 days or more in the financial year, even where the rest of the board is Canada-based. Boards that only plan to visit periodically usually address this with a professional resident director alongside their own directors. See our complete guide to the resident director requirement for how it works and what it costs.

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 Canadian 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 Canada, step by step

Incorporating a subsidiary typically follows this sequence:

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

For the full walkthrough, see our step-by-step incorporation guide.

FAQs: company registration in India from Canada

Do Canadian documents still need embassy legalisation for India? No, not since 11 January 2024. Company registration in India from Canada now uses the apostille route: Canada acceded to the Hague Apostille Convention on that date, so Canadian documents for Indian company registration now only need an apostille from the relevant Canadian competent authority, replacing the older, slower legalisation chain.

Can a Canadian company own 100% of an Indian subsidiary? A Canadian investor may be able to own 100% of an Indian subsidiary where the relevant sector permits it. The applicable FDI cap, entry route, sector-specific conditions and investor-level restrictions must be checked for the proposed activity before confirming the ownership structure.

Is there a tax treaty between India and Canada? India and Canada have a double taxation avoidance agreement. Any treaty relief on dividends, interest or royalties depends on the relevant treaty article, the recipient’s eligibility, documentation and the rules in force when the payment is made; a reduced rate should not be assumed without checking the facts.

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 Canada can start with any authorised capital amount your business plan calls for.

How long does company registration in India from Canada take? A straightforward case may take several weeks after complete, correctly authenticated documents are available. Timing depends on digital-signature and director-identification steps, name availability, filing review and any requests for correction. Banking and funding often continue after incorporation.

How much does company registration in India from Canada 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 document authentication 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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