How to Register a Company in India from Australia?

Australian individuals and companies can establish a business presence in India, subject to applicable FDI rules, sectoral caps, and other conditions. An Australian individual may invest in an eligible Indian business, while an Australian company can also expand its operations through an Indian entity or other permitted business structures.

Australian investors can enter the Indian market in different ways, depending on whether they are individuals or existing companies:

• Australian Individual: An Australian individual can invest in and establish an eligible business in India, subject to applicable FDI rules and sector-specific conditions.
• Australian Company: An Australian company can establish a business presence in India by incorporating an Indian company or using another permitted structure, depending on its proposed activities.
• Joint Australian and Indian Investors: An Indian company can also have Australian and Indian investors as shareholders, subject to applicable FDI limits and conditions.

The appropriate registration structure depends on whether you are starting a new business, establishing a subsidiary, or expanding an existing Australian company into India.

Before you plan the establishment of an Indian company from Australia, check whether your proposed business activity is open to foreign investment. India's FDI policy specifies the sectors open to foreign investment, applicable sectoral caps, entry routes, and other conditions.

Australian investors should check the following requirements before investing in India:

• Permitted Business Activity: Confirm that the proposed activity is open to FDI. Sectors such as manufacturing, information technology, e-commerce, financial services, pharmaceuticals, and many other activities permit foreign investment, subject to applicable conditions. FDI is prohibited in lottery business, gambling and betting, chit funds, Nidhi companies, trading in Transferable Development Rights, real estate business as distinct from construction-development projects, and manufacture of cigarettes and tobacco products. Atomic energy and railway operations remain closed to private sector investment.
• FDI limit: Check the maximum foreign ownership permitted in your sector. Some sectors allow up to 100% foreign investment, while others have lower sectoral caps.
• Entry route: Determine whether the investment falls under the Automatic Route or Government Route. The automatic route does not require prior Government approval, while the Government Route requires approval before the investment is made.
• Sector-specific conditions: Check whether your sector has additional requirements related to licensing, security, ownership, or other conditions. Meeting the foreign ownership limit alone may not be sufficient.
• Investor and Beneficial Ownership: Review the proposed shareholding and beneficial ownership structure. Under Press Note 3 (2020) , investments from entities or beneficial owners situated in, or having beneficial ownership in, countries sharing a land border with India are subject to the Government Route. This can also apply where the beneficial owner of an investment from another country falls under these conditions.

Example: An Australian investor can own 100% of an Indian company if the sector permits 100% FDI under the automatic route. The investment must still meet all applicable sector-specific conditions.

Once these requirements are checked, you can choose the appropriate business structure and proceed with the incorporation process. If the proposed investment requires Government approval, obtain the required approval before proceeding with the investment.

Once you confirm that your proposed business activity is eligible for foreign investment, choose a structure that fits your business activities and expansion plans. The main options include an Indian Private Limited Company , Indian subsidiary, LLP, Branch Office, and Liaison Office.

Consider the Following Structures:

• Private Limited Company: Suitable for an Australian individual or company starting a new business in India. It requires at least two directors and two shareholders. Australian investors can hold shares subject to the applicable FDI rules.
• Meeting the Two-Shareholder Minimum: An Australian company seeking full ownership must still meet the requirement of having two shareholders. The shareholding structure should be properly documented, with the required beneficial ownership disclosures and filings under the Companies Act.
• The Resident Director Requirement: At least one director must have stayed in India for at least 182 days during the financial year. This requirement is based on residency, not citizenship. For a newly incorporated company, the requirement applies proportionately from the date of incorporation.
• Indian Subsidiary: Suitable for an Australian company that wants to establish a separate Indian entity. The Australian parent company can hold shares in the Indian subsidiary, which operates as a separate legal entity and follows applicable Indian company, tax, and FDI laws.
• Limited Liability Partnership (LLP): Suitable where the proposed business activity allows foreign investment in an LLP. Foreign investment in an LLP is permitted only where the applicable FDI conditions for the proposed activity are satisfied.
• Branch Office: Suitable for an existing Australian company that wants to carry out activities permitted for a branch office in India. It is not a separate Indian company and is subject to applicable RBI and FEMA requirements.
• Liaison Office: Suitable for an Australian company that only needs a representative presence in India. It can undertake permitted liaison and communication activities but cannot normally carry out commercial trading or business activities in India.

Example: An Australian software company that wants to expand into India can incorporate an Indian Private Limited Company and have the Australian company hold shares in it. The Indian entity will operate as a separate legal entity from its Australian parent.

Important: A Branch Office or Liaison Office is different from incorporating an Indian company. These offices are established by an existing foreign company and are governed by separate regulatory requirements. If an Australian business wants to create a separate Indian legal entity, it would generally incorporate an Indian company, such as a Private Limited Company, subject to applicable FDI rules.

The documents required depend on whether the Australian investor is an individual or a company and whether they will act as a shareholder, director, or both. You should also prepare the documents required for the Indian company's incorporation and registered office.

• Documents Required from an Australian Individual

An Australian individual who will become a shareholder or director may need to provide:

• • Passport: A valid passport as proof of identity.
  • Address Proof: A document showing the individual's residential address.
  • Recent Photograph: Required for applicable incorporation and KYC requirements.
  • Digital Signature Certificate (DSC): Required for signing applicable electronic incorporation documents.
  • Other KYC Documents: Additional documents may be required depending on the individual's role and incorporation structure.

MCA requires proof of identity and residential address for applicable foreign subscribers and directors who do not have a DIN. The exact requirements may vary based on the incorporation circumstances.

• Documents Required from an Australian Company

If an existing Australian company will become a shareholder of the Indian company, the following documents may be required:

• • Certificate of Incorporation: Proof that the Australian company is legally incorporated.
  • Constitution or Equivalent Constitutional Document: Where applicable.
  • Board Resolution: Authorising the investment in the Indian company and appointing an authorised representative.
  • Details of the Authorised Representative: Including applicable identity and address documents.
  • Foreign Company Details: Information required for the incorporation and foreign corporate shareholder.

MCA's SPICe+ requirements specifically provide for the certificate of incorporation of a foreign body corporate and the resolution passed by the foreign company. Read the detailed guide to foreign company registration in India .

• Documents Required for Indian Company Incorporation

You will also need to prepare the documents used to incorporate the Indian company, including:

• • Memorandum of Association (MOA)
  • Articles of Association (AOA)
  • Details of the proposed shareholders and directors
  • Details of the proposed business activities
  • Registered office documents
  • Applicable declarations and linked incorporation forms

Where the first subscriber is a body corporate based outside India, the MOA and AOA are submitted in physical form with an apostille.

• Documents for the Indian Registered Office

Prepare documents for the proposed registered office, which may include:

• • Proof of the registered office address
  • Recent utility bill
  • Rent or lease agreement, where applicable
  • No-Objection Certificate (NOC) from the property owner, where required

The exact documents depend on the nature and ownership of the premises.

Authentication of Australian Documents

Australian documents used for Indian incorporation may need to be notarized and apostilled. The document is first notarized or certified in Australia, followed by an apostille from the Department of Foreign Affairs and Trade (DFAT) .

Since Australia and India are parties to the Hague Apostille Convention, 1961, a DFAT apostille is generally sufficient for use in India. Separate legalization by the Indian High Commission is generally not required. DFAT charges a fee for each apostille, currently around AUD 102. Allow around 5–10 working days for notarization, apostille, and international courier.

For a foreign subscriber without an Indian DSC, the MOA and AOA may need to be printed, signed by hand, apostilled, and couriered to India instead of being filed electronically through Forms INC-33 and INC-34. This process can add to the incorporation timeline and should be planned alongside the DSC application.

Need help with your Indian company registration from Australia? We can assist with document preparation, verification, apostille requirements, and the incorporation process from start to finish. Fill out the form to get started!

Once you have finalised the business structure, ownership, directors, and required documents, you can begin the incorporation process through the MCA using the SPICe+ system. The process involves:

Step 1: Obtain a Digital Signature Certificate

The proposed directors and subscribers who need to sign the incorporation documents must obtain a Digital Signature Certificate (DSC). For founders based in Australia, the DSC process may also involve remote video verification to verify their identity. They must also register as Business Users on the MCA portal and associate their DSC where required.

Step 2: Create an MCA Business User Account

Create an account on the MCA V3 portal before starting the incorporation application. Anyone who needs to affix a DSC must register or upgrade their profile as a Business User.

Step 3: Reserve the Company Name

Apply for the proposed company name through SPICe+ Part A. You can submit Part A separately for name reservation or file it together with Part B for name reservation and incorporation.

Choose a name that complies with MCA naming requirements. It should not conflict with an existing company, LLP, or relevant trademark. Before applying, use the company name search tool to check whether your proposed name is already in use. The name should also align with the company's main business activities.

You can also refer to the NIC code list to identify the appropriate code for your proposed business activity.

Step 4: Prepare the Incorporation Documents

Prepare the MOA, AOA, declarations, registered office details, subscriber and director information, and other applicable attachments.

For an Australian shareholder or director, foreign documents must meet the applicable notarisation, apostille, or authentication requirements. The exact requirements depend on the type of document and the person's role in the incorporation.

Step 5: File SPICe+ Part B and Linked Forms

Complete SPICe+ Part B with the company's incorporation details. It covers company registration, DIN allotment for eligible proposed directors, and PAN and TAN applications. GSTIN can also be requested through the incorporation process where applicable.

The linked forms and supporting documents are then submitted through the MCA portal with the applicable government fees and stamp duty.

Step 6: Complete the Integrated Registrations

The linked AGILE-PRO-S form handles the integrated registrations. These cover EPFO , ESIC, GSTIN, professional tax , and the bank account opening request.

Step 7: Receive the Certificate of Incorporation

After the MCA approves the application, the company receives its Certificate of Incorporation (COI) and Corporate Identification Number (CIN). PAN and TAN are also allotted through the integrated incorporation process. If applicable, the company must also file Form INC-20A after incorporation before commencing business or exercising borrowing powers.

Once the company is incorporated, you can proceed with the Indian bank account, foreign capital investment, and applicable post-incorporation compliances.

Timeline to Register a Company in India from Australia

The timeline for registering a company in India from Australia is usually around 2–4 weeks , provided the required documents are ready and there are no major corrections or delays.

Note: These are indicative timelines and may vary based on document readiness, apostille or authentication requirements, MCA processing, bank procedures, foreign exchange formalities, and any corrections or resubmissions required. Some processes can also run simultaneously, so the total registration timeline may be shorter than the combined time shown above.

The total one-time cost of registering a company in India from Australia typically ranges from ₹3,00,000 to ₹4,00,000 for a full professional setup. A basic setup covering essential government, documentation, and filing costs may start at around ₹35,000–₹50,000 .

These costs are indicative for a standard Indian private limited company. The final cost may increase based on the number of directors and shareholders, documents requiring authentication, state of incorporation, registered office requirements, and the scope of professional services.

Additional Costs for Australian Investors

Australian investors may also incur costs for:

• Document authentication: Notarisation and apostille of Australian documents.
• Professional fees: Incorporation, FDI compliance, and FEMA-related filings.
• Registered office: Rental or virtual office space in India .
• Banking and forex: Charges for capital remittance and currency conversion.
• Tax considerations: The India-Australia Double Taxation Avoidance Agreement governs relief from double taxation. ECTA covers tariffs and market access, not tax, apart from one side letter on offshore technical services. See the tax section below.

The final cost depends on the ownership structure, authorised capital, registered office state, number of directors, and whether an Australian company or individual holds the shares.

Note: Government fees and stamp duty can change. Verify the applicable charges before filing.

After incorporation, an Australian-owned Indian company must complete the required banking, share issue, foreign investment, and regulatory formalities.

The key post-incorporation steps include:

• Open an Indian business bank account: Open a current account in the company's name and submit the incorporation, KYC, and authorised signatory documents.
• Register on the RBI FIRMS portal: Create the Entity Master record before any foreign investment filing. FC-GPR cannot be filed without it.
• Remit the share capital from Australia: Transfer the subscription amount through permitted banking channels. Collect the Foreign Inward Remittance Certificate and the bank's KYC report on the Australian remitter.
• Obtain the valuation certificate: Shares issued to a non-resident must be priced at or above fair market value. A chartered accountant or SEBI-registered merchant banker certifies the price.
• Issue shares within 60 days: Allot the equity shares within 60 days of receiving the funds. If the company does not allot within that period, it must refund the money within the following 15 days.
• File Form FC-GPR: Report the issue to the RBI within 30 days of allotment, attaching the valuation certificate and supporting documents.
• File Form INC-20A: File the declaration of commencement of business within 180 days of incorporation. The company cannot commence business or exercise borrowing powers before filing.
• Appoint the first auditor: File Form ADT-1 within 30 days of incorporation.
• Complete other registrations: Obtain GST , Shops and Establishments , labour, sector-specific, and other registrations or licenses applicable to the company's activities.

Note on delays. A late FC-GPR attracts a Late Submission Fee of ₹7,500 plus 0.025% of the amount involved for each year of delay, capped at 100% of the amount involved. Late FDI filings also surface during investor due diligence. Form FC-TRS applies where shares later move between a resident and a non-resident, and is due within 60 days of the transfer.

After incorporation, an Australian-owned Indian company must meet ongoing corporate, tax, GST, FEMA, and other regulatory requirements. Key compliance requirements include:

• File annual MCA returns: Submit Form AOC-4 with the financial statements within 30 days of the AGM, and Form MGT-7 with the annual return within 60 days of the AGM.
• Hold the first AGM: Hold it within nine months of the end of the first financial year. Later AGMs follow the standard timeline.
• Complete the statutory audit: Audit the accounts every financial year, regardless of turnover.
• File DIR-3 KYC: Complete director KYC for every director holding a DIN. The filing moves to a triennial cycle from FY 2026-27.
• File the income tax return: By 31 October where a tax audit applies, or by 30 November where the company furnishes a transfer pricing report.
• File GST returns: At the frequency set by the company's registration.
• Meet FEMA and RBI reporting: Report changes in Australian shareholding and any subsequent foreign investment transactions.
• File the FLA return: Submit the Annual Return on Foreign Liabilities and Assets by 15 July each year while foreign investment remains outstanding.
• Maintain transfer pricing records: Apply arm's length pricing and file Form 3CEB for international transactions with the Australian parent.
• File beneficial ownership forms: Form BEN-2 for the significant beneficial owner behind the Australian parent, plus Forms MGT-4, MGT-5 and MGT-6 for the nominee share.

Australian entrepreneurs should consider the following points when planning to establish a business presence in India:

• Choosing a structure without checking FDI rules: Confirm the sectoral cap, entry route, and applicable conditions before deciding on the ownership structure.
• Assuming 100% ownership is always permitted: Foreign ownership limits vary by sector and may be subject to additional conditions.
• Ignoring foreign document requirements: Australian documents may need notarisation, apostille, or other authentication before submission.
• Treating incorporation as the final step: Incorporation is followed by capital remittance, share issuance, FEMA reporting, and other applicable compliances.
• Underestimating the total cost: Foreign document authentication, professional fees, registered office arrangements, and banking can add to the basic incorporation cost.