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Company Registration in India from Hong Kong

Planning company registration in India from Hong Kong? Most guides skip the one detail that actually matters most here: Hong Kong investment into India runs through a different, more closely reviewed FDI route than most other markets. This guide explains what that means in practice, what stays straightforward, and how the process actually works.

Why company registration in India from Hong Kong follows a different route

Press Note 3 of 2020 requires prior Indian Government approval for foreign investment from any country sharing a land border with India, or where the ultimate beneficial ownership traces back to such a country. Hong Kong is treated as part of China for this purpose, even though it operates its own legal and economic system — so a Hong Kong-incorporated investor, or a Hong Kong entity with mainland Chinese beneficial ownership, generally needs Government approval before investing in an Indian company, rather than using the automatic route available to most other jurisdictions. A March 2026 amendment eased this slightly — non-controlling investments up to 10% are now permitted under the automatic route, subject to normal sectoral caps — but setting up or controlling a new Indian subsidiary still requires approval.

This is not a reason to avoid India — it is a reason to plan the approval step into your timeline from the start, with an application that is complete on the first submission. Recent policy changes have introduced a defined 60-day decision timeline for critical-sector investments requiring this approval, which gives founders a clearer planning horizon than in previous years.

Documents for company registration in India from Hong Kong: apostille still applies

One point that genuinely works in your favour: the Hague Apostille Convention has applied to Hong Kong since 1965, extended by the UK before the 1997 handover and still operative under "one country, two systems" today. That means Hong Kong-executed identity documents, board resolutions and powers of attorney can still be apostilled locally, unlike documents from mainland China, which only gained Apostille access in November 2023. Your document authentication step is simpler than the investment-approval step.

Entry structures for company registration in India from Hong Kong

Once approval is in place (where required), most Hong Kong investors set up a wholly owned subsidiary — a separate Indian private limited company giving full operational control. A Branch Office or Liaison Office route through the Reserve Bank of India rather than the Ministry of Corporate Affairs, and are also assessed under the same government-route requirement where beneficial ownership traces to Hong Kong or mainland China.

As with any foreign-owned Indian company, Section 149(3) of the Companies Act, 2013 requires at least one director resident in India for 182 days or more in the financial year. See our complete guide to the resident director requirement for how founders typically satisfy this.

Company registration process in India from Hong Kong, step by step

Where Government approval is needed, that application is filed and cleared first. Incorporation itself then follows the standard route:

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

See our step-by-step incorporation guide for the full walkthrough of the incorporation stage.

FAQs: company registration in India from Hong Kong

Does Hong Kong investment need Indian government approval? In most cases, yes — this is the key difference for company registration in India from Hong Kong versus most other markets. Under Press Note 3 (2020), an entity incorporated in — or with beneficial ownership traced to — a country sharing a land border with India needs prior Government approval to invest, and Hong Kong is treated as part of China for this purpose. A March 2026 amendment permits small, non-controlling stakes (up to 10%, subject to sectoral caps) under the automatic route, but a controlling investment or new subsidiary still needs approval.

Can Hong Kong documents still be apostilled for use in India? Yes — document authentication for company registration in India from Hong Kong stays simple even though investment approval is not. Unlike mainland China, which only joined the Apostille Convention in November 2023, the Convention has applied to Hong Kong since 1965 (extended by the UK before the 1997 handover, and still operative today), so Hong Kong-executed documents can be apostilled rather than requiring full embassy legalisation.

How long does government-route approval typically take? For company registration in India from Hong Kong, recent policy changes have introduced a defined timeline — a decision within 60 days — for investments in critical sectors requiring Press Note 3 approval, though the exact timeline depends on the sector and the completeness of your application.

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

How long does incorporation itself take once approval is granted? Typically another 10–15 working days for company registration in India from Hong Kong, covering DSC and DIN issuance, name approval and SPICe+ processing — on top of whatever time the Press Note 3 approval step takes.

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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