Company Registration in India from Spain

Planning company registration in India from Spain? This guide covers why Spanish businesses are building their presence in India, what the Apostille process means for your paperwork, the entry structures available to you, and the practical steps involved in incorporation.

Why Spanish businesses are entering India

Spain is already India's 16th largest source of cumulative foreign direct investment, with roughly US$4.29 billion invested between April 2000 and March 2025, and more than 200 Spanish companies already operating in India today. Bilateral trade reached around US$8.3 billion in the 2025–26 period, and both governments constituted a dedicated India–Spain CEOs Forum in early 2026 to deepen commercial ties further. With the India–EU free trade agreement concluded and expected to be formally implemented in the years ahead, momentum for Spanish businesses considering direct incorporation in India — rather than working through intermediaries alone — continues to build.

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

Spain has been a member of the Hague Apostille Convention since 1978, and India joined in 2005. In practice, this means documents executed in Spain for Indian company registration — director and shareholder documents, board resolutions, powers of attorney — generally only need an apostille from the relevant Spanish authority, rather than the more time-consuming embassy legalisation process required for non-member countries.

Entry structures for company registration in India from Spain

Most Spanish 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 Spanish company into India for permitted activities such as consultancy, export/import or technical support, 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 Spanish boards by surprise: under Section 149(3) of the Companies Act, 2013, every Indian company — including a wholly owned subsidiary with 100% Spanish 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 Spain-based. 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 Spanish 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.

Company registration process in India from Spain, 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 Spanish 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. For the full document checklist and how India's FDI automatic-vs-government-approval route split works by sector, see the same guide.

FAQs: company registration in India from Spain

Do I need to travel to India for company registration in India from Spain? Often, the incorporation filing can be handled remotely using appropriately authenticated documents and an India-based team. Whether travel or an in-person step is needed depends on document execution, identity checks, banking and the circumstances of the case, so confirm the requirements before proceeding.

Can profits be repatriated back to Spain? Dividends may generally be remitted to the foreign shareholder through the applicable banking and foreign-exchange process, subject to corporate approvals, tax withholding and supporting documents. The relevant tax treaty may affect the tax rate only where its conditions are met; confirm eligibility and the current rate for the recipient.

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

How long does company registration in India from Spain 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 Spain 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

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

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