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India rules · all investors

Documents: India rules for foreign companies

CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375

Indian authorities and banks read foreign documents literally. The company name, registered address and the names of directors must match exactly across the registry extract, the constitution, the resolution and passports. A missing middle name or an abbreviated company name is enough for a query.

Getting documents right the first time

Indian authorities and banks read foreign documents literally. The company name, registered address and the names of directors must match exactly across the registry extract, the constitution, the resolution and passports. A missing middle name or an abbreviated company name is enough for a query.

Registry extracts and good-standing certificates should be recent when filed; many reviewers expect them to be under three months old. Resolutions should name the Indian company, the amount to be invested, the number of shares and the person authorised to sign on the parent's behalf.

Where documents are in a language other than English, a certified translation must accompany the legalised original. The translation should be bound with, or clearly linked to, the document it translates.

The document set

DocumentWatch for
Registry extract or certificate of incorporationRecent issue date; exact legal name
ConstitutionLatest version including amendments
Board or shareholder resolutionNames the Indian company, amount and authorised signatory
Director passports and address proofSame spelling everywhere

Checklist

  • Fresh registry extract or good-standing certificate
  • Certified copy of the current constitution
  • Board resolution with amount, shares and signatory
  • Passports and address proof for each director
  • Translations bound with originals
  • Indian review before legalisation

Common mistakes

  • Legalising documents before Indian review
  • Old registry extracts
  • Different spellings of names across documents
  • Resolutions that do not name the authorised signatory

How this applies to your country

Our service: Indian subsidiary incorporation

Questions

Can scanned copies be used?

Scans are filed with the MCA, but the legalised originals should be kept and are often requested by banks.

Do individual directors' documents need legalisation?

Identity and address proofs of foreign directors are usually notarised and legalised in the same way as company documents.

Do foreign documents need consular attestation?

Generally no; an apostille is accepted. Confirm for each document type.

Queries

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