For Australian businesses asking how to register a company in India from Australia, the timing has rarely been more favourable. Since the India-Australia Economic Cooperation and Trade Agreement (AI-ECTA) came into force in December 2022, bilateral goods trade has grown to USD 24.1 billion in FY 2024-25, roughly double the figure recorded in FY 2020-21.
India is the third-largest economy in Asia by GDP, with a population exceeding 1.4 billion and one of the highest economic growth rates among major economies globally. The market access, the talent pool, and the bilateral policy framework make India a serious expansion destination for Australian SMEs and multinational corporations alike.
This guide walks through everything you need to know: entity types, the step-by-step registration process, document requirements, realistic timelines, and ongoing compliance obligations once your company is operational.
What Makes India a Compelling Market for Australian Businesses
The case for India is structural, not speculative. Three factors make the Australia-India corridor particularly strong right now.
Trade access under AI-ECTA. From January 2026, every Indian export to Australia enters tariff-free. Over 85% of Australian goods already enter India at preferential rates. Both governments are negotiating the full Comprehensive Economic Cooperation Agreement (CECA), targeting AUD 100 billion in bilateral trade by 2030.
A strong diaspora corridor. Over 900,000 Indian-born residents live in Australia, the second-largest overseas-born group in the country. This diaspora creates a natural commercial and cultural bridge for businesses expanding in either direction.
A bilateral tax treaty. The India-Australia Double Taxation Avoidance Agreement (DTAA) reduces tax liabilities on income flowing between the two countries, providing a clear framework for cross-border investment.
The India-Australia DTAA at a Glance
The DTAA between India and Australia has been in force since 1991, amended by Protocol in April 2013. It sets defined withholding tax rates on cross-border income.
| Income Type | DTAA Rate | Indian Domestic Rate (Without DTAA) |
| Dividends | 15% | 20% |
| Interest | 15% | 20% |
| Royalties (patents, copyright, trademark) | 15% | 10% |
| Royalties (equipment) | 10% | 10% |
A distinctive feature of this treaty is that it has no separate article for Fees for Technical Services (FTS). If an Australian company provides technical services to an Indian entity without a Permanent Establishment (PE) in India, those payments may be classified as business profits and taxable only in Australia. To claim DTAA benefits, obtain a Tax Residency Certificate from the Australian Taxation Office (ATO).
Choosing the Right Business Structure to Register a Company in India from Australia
The entity type you choose determines your FDI route, tax profile, liability exposure, and compliance obligations. This decision must be made before any registration step begins.
Australian businesses have four main options.
| Feature | Private Limited Company | LLP | Branch Office | Liaison Office |
| FDI Route | Automatic (most sectors) | Automatic (limited sectors) | RBI approval required | RBI approval required |
| Can Earn Revenue in India | Yes | Yes | Yes | No |
| Separate Legal Entity | Yes | Yes | No | No |
| Annual Statutory Audit | Mandatory | Mandatory (above threshold) | Mandatory | Mandatory |
| Liability | Limited to shareholders | Limited to partners | Parent company liable | Parent company liable |
| Compliance Level | High | Moderate | Moderate to High | Moderate |
For most Australian businesses, the Private Limited Company is the recommended structure. It offers the automatic FDI route in most sectors, limited liability, full operational independence from the Australian parent, and the lowest effective corporate tax rate among the available entity types.
Branch Offices and Liaison Offices require Reserve Bank of India (RBI) approval and are legal extensions of the Australian parent. The parent company is liable for all Indian operations. A Liaison Office cannot generate revenue in India; it is limited to communication and liaison functions only.
One important point for Australian investors: Australia does not share a land border with India, so the additional approval requirements under Press Note 3 do not apply. Australian businesses can access the automatic FDI route freely in eligible sectors.
Ownership Structure Options for Your Indian Entity
Indian company law requires a minimum of two shareholders. For foreign-owned companies, there are two practical approaches.
Option 1:
Wholly-owned subsidiary. Both shareholders are corporate entities within the group. The Australian parent holds the majority stake, with a group or associate company holding a nominal stake. Operational control remains entirely within the group.
Option 2:
Individual shareholders. If no other group entity is available, the parent company nominates individuals to hold shares on its behalf. Both shareholders can be individuals.
Make an Enquiry if you need guidance on which ownership structure aligns with your group’s legal and tax position. Our India entry specialists will walk you through the options.
How to Register a Company in India from Australia, Step by Step
The process for company registration services in India is fully online and administered through the Ministry of Corporate Affairs (MCA). Understanding each step in advance is essential for planning your timeline accurately, particularly around the apostille requirements for Australian documents.
| Step | Process | Estimated Timeframe |
| 1 | Obtain Digital Signature Certificate (DSC) for all proposed directors | 1 to 3 working days |
| 2 | Apply for Director Identification Number (DIN), filed as part of the SPICe+ form | Concurrent with incorporation filing |
| 3 | Reserve company name via the RUN (Reserve Unique Name) service on the MCA portal | 1 to 4 working days |
| 4 | Prepare Memorandum of Association (MoA) and Articles of Association (AoA) | Concurrent with steps 1 to 3 |
| 5 | Notarise and apostille all Australian documents via DFAT | 1 to 3 weeks |
| 6 | File SPICe+ form with MCA, covering incorporation, PAN, TAN, EPFO, and ESIC in a single submission | 5 to 15 working days |
| 7 | Receive Certificate of Incorporation (CoI), PAN, and TAN | Upon MCA approval |
| 8 | Conduct the first Board Meeting of the company | Within 30 days of the CoI |
| 9 | Open an Indian business bank account | 2 to 4 weeks |
| 10 | Report foreign investment to RBI via FC-GPR filing | Within 30 days of share allotment |
| 11 | Obtain applicable registrations such as GST and Import Export Code (IEC) | As applicable |
Total incorporation timeline (Steps 1 to 7) is typically 6 to 10 weeks. The DFAT apostille process is the most time-variable element for Australian residents and must be planned first.
What is SPICe+? The Simplified Proforma for Incorporating Company Electronically (SPICe+) is MCA’s integrated filing form. A single SPICe+ submission covers company incorporation, PAN issuance, TAN issuance, EPFO registration, ESIC registration, and a bank account opening request — consolidating what would otherwise be multiple separate filings into one.
Documents Required to Register a Company in India from Australia
Document preparation is one of the most time-sensitive parts of the incorporation process. Australia is a member of the Hague Convention, which means all documents submitted to Indian authorities must first be apostilled through the Department of Foreign Affairs and Trade (DFAT). Factor this into your timeline planning from the outset.
Documents for Directors and Shareholders
- Valid passport — notarised and apostilled copy
- Proof of residential address — utility bill, bank statement, or government document dated within two months, notarised and apostilled
- Passport-size photographs
- Board Resolution from the Australian parent entity, if a corporate entity is acting as a shareholder — must also be apostilled
- Director Identification Number (DIN) — obtained through the SPICe+ filing for directors who do not already hold one
Documents for the Entity
- Proposed company name — must comply with MCA naming guidelines and must not conflict with an existing registered company name, a registered trademark, or any term prohibited under the Companies Act 2013
- Memorandum of Association (MoA) — defines the company’s business objectives and operational scope
- Articles of Association (AoA) — defines the company’s internal rules, regulations, and governance framework
- Proof of registered office address in India — utility bill or rent agreement; the address must be a physical Indian location capable of receiving all official government communications
The Apostille Process for Australian Residents
DFAT handles apostille through Australian Passport Offices in each state capital.
- In-person processing: 5 to 10 business days
- By mail from regional areas: 2 to 4 weeks
Documents must first be notarised by an Australian Notary Public before submission to DFAT for apostille. Start this step early — it is the most common cause of delays in the India incorporation timeline for Australian founders.
Company Registration Costs and Timelines
Registration costs in India depend on entity type, authorised share capital, state of incorporation, and professional fees. Government fees for Private Limited Company incorporation are calculated on the basis of authorised capital and the Registrar of Companies (RoC) jurisdiction where the registered office is located.
Here is a realistic timeline to plan around.
| Stage | Estimated Timeframe |
| DSC and DIN | 1 to 3 days |
| Name Reservation | 1 to 4 days |
| Document Preparation and DFAT Apostille | 1 to 3 weeks |
| SPICe+ Filing to Certificate of Incorporation | 5 to 15 working days |
| Bank Account Opening | 2 to 4 weeks |
| GST Registration (if applicable) | 1 to 3 weeks |
| Total from start to operational | 6 to 10 weeks |
For a tailored cost assessment based on your specific business structure and requirements,
Post-Registration Compliance Obligations in India
Registering the company is the beginning of your compliance journey, not the end. Indian Private Limited Companies are subject to a mandatory annual cycle spanning the Companies Act 2013, FEMA regulations, income tax law, and GST.
| Compliance Requirement | Deadline |
| FC-GPR filing with RBI (report foreign share allotment) | Within 30 days of share allotment |
| First Board Meeting | Within 30 days of Certificate of Incorporation |
| Board Meetings (minimum 4 per year) | No gap of more than 120 days between consecutive meetings |
| Annual General Meeting (AGM) | By 30 September each year |
| Annual Return (Form MGT-7) | Within 60 days of AGM |
| Financial Statements (Form AOC-4) | Within 30 days of AGM |
| Statutory Audit | Annual, mandatory regardless of company turnover |
| Income Tax Return | 31 October for companies requiring audit |
| GST Returns | Monthly or quarterly depending on turnover and registration type |
| Transfer Pricing Documentation | Required for all related-party transactions with the Australian parent |
Missing deadlines under ROC, RBI, and GST regulations can attract significant penalties. For foreign-owned entities, ongoing compliance management is not optional.
How India Company Incorporation Supports Australian Businesses
Setting up in India means dealing with multiple regulatory bodies simultaneously: the Ministry of Corporate Affairs (MCA), the Reserve Bank of India (RBI), the Goods and Services Tax Network (GSTN), the Income Tax Department, and the Employees’ Provident Fund Organisation (EPFO). Most businesses find they need a different advisor for each.
India Company Incorporation (ICI) operates as a single point of contact for the full India entry journey. From initial market research and entity structuring through to incorporation, accounting, direct and indirect tax, payroll, and ROC compliance, all services sit under one relationship, one team, and one point of accountability.
ICI operates with a PAN India presence and serves Australian and Asia-Pacific businesses entering the Indian market. The broader group brings cross-border advisory experience from across the APAC and MENA regions to every India engagement.
All advisory and client onboarding is conducted in-person at ICI offices. Australian businesses managing the India entry process from a distance have a dedicated, on-ground team handling the complexity on their behalf.
Frequently Asked Questions
1. Do I need to be physically present in India to register a company?
No. The company registration process in India is fully online through the MCA portal. Your documents, including passport copies, address proofs, and corporate resolutions, must be notarised and apostilled in Australia before submission. Physical presence in India is not required for the registration itself. If you plan to travel to India for business meetings or operational oversight, you will need a valid business visa.
2. What is the minimum director and shareholder requirement for a foreign-owned Indian company?
A Private Limited Company in India requires a minimum of two directors and two shareholders. At least one director must be an Indian resident, defined under Section 149(3) of the Companies Act 2013 as a person who has stayed in India for at least 182 days in the preceding financial year. The resident director does not need to be a shareholder.
3. How does the India-Australia DTAA help reduce my tax burden?
The India-Australia DTAA sets defined withholding tax rates on cross-border income. Dividends and interest are capped at 15%, compared to 20% under Indian domestic law. The treaty also has no separate article for Fees for Technical Services. If your Australian company provides technical services to an Indian subsidiary without a Permanent Establishment (PE) in India, those payments may be taxable only in Australia. Obtain a Tax Residency Certificate from the ATO to claim treaty benefits.
4. What is the apostille process for Australian documents required for company registration in India?
Australia is a Hague Convention member. Documents submitted to Indian authorities must be apostilled through DFAT via Australian Passport Offices. First have documents notarised by an Australian Notary Public, then submit to DFAT for apostille. In-person processing takes 5 to 10 business days. Mail-in processing from regional areas takes 2 to 4 weeks. Planning this step early is critical, it is the most common cause of delays in the India incorporation timeline for Australian businesses.
5. What are the ongoing compliance obligations after registering a company in India from Australia?
A Private Limited Company in India must hold a minimum of four board meetings per year, file an annual return (Form MGT-7) and financial statements (Form AOC-4), conduct a statutory audit annually, and file an income tax return by 31 October for audited companies. Foreign-owned entities must also file an FC-GPR report with the RBI within 30 days of share allotment, maintain GST compliance on a monthly or quarterly basis, and prepare transfer pricing documentation for all related-party transactions with the Australian parent company.
