An Australian parent typically provides its ASIC company extract (or Certificate of Registration), constitution, a directors' resolution authorising the investment and the signatory, and identity and address proofs of its signatory and directors. These Australian documents are notarised and then apostilled by the Department of Foreign Affairs and Trade (DFAT) before use in India. Apostille preparation is usually the longest step of incorporation, so start it first.
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Key facts
| Documents from the Australian parent | ASIC company extract or Certificate of Registration, constitution, directors' resolution, signatory authorisation |
|---|---|
| Documents for individuals | Passport, address proof and, for directors, a Digital Signature Certificate |
| Legalisation | Notarise, then apostille (Australia and India are both parties to the Hague Apostille Convention) |
| Apostille authority | DFAT is the single Australian authority that issues apostilles, for public documents and for notaries' signatures |
| Cost and time | DFAT charges a fee per document and its processing times change; notaries charge their own fees. We confirm the current fee and turnaround before you order |
| India-side documents | Registered office proof, owner's consent and a utility bill |
| Main risk | Wrongly notarised or incomplete documents that must be redone |
Document checklist
| Document | From whom | Apostille needed? |
|---|---|---|
| ASIC company extract (current) or Certificate of Registration of the Australian parent | Australian parent (ASIC) | Yes, once DFAT confirms it can apostille the form you hold; otherwise a notarised certified copy is apostilled |
| Constitution of the Australian parent | Australian parent | Yes, usually notarised first |
| Directors' resolution authorising the investment and the signatory | Australian parent board | Yes, notarised and apostilled |
| Passport and address proof of the signatory and foreign directors | Individuals | Usually notarised or attested; confirm the format required |
| Registered office proof, rent agreement or ownership proof, utility bill | India side | No |
Notarise first, then apostille
An apostille is a certificate under the Hague Convention that confirms the authenticity of the signature, seal or stamp on a public document, so that it is valid in another member country. For a private document, such as a directors' resolution, the sequence is: sign before a notary public, then have DFAT apostille the notary's signature and seal. For a document issued by an Australian authority, such as an ASIC extract, DFAT can apostille it directly where it can verify the issuer's signature, or the extract is first certified by a notary.
Because DFAT must be able to verify the notary, use a notary public whose signature is on DFAT's records, and confirm that before the signing appointment.
Notaries, states and territories
Apostilles are issued federally by DFAT, so there is one process for the whole country. The differences are at the notary stage: notaries are commissioned and regulated by each state or territory, appointments and fees vary, and some will sign remotely while others require you to attend in person. Electronic signing and electronic apostilles are not accepted for every purpose, so we confirm the format Indian authorities will accept before you order and you do not repeat the process.
Practical tips
- Order the ASIC extract close to the filing date, because recent documents are usually expected.
- Keep dates consistent: the resolution date, signing date and notarisation date should be in logical order.
- Use the exact legal name, ACN and registered address of the Australian parent everywhere, matching the ASIC record.
- Check that the signatory named in the resolution is the person who signs before the notary.
- Send one complete courier set of originals to India only if your adviser asks for physical originals.
What this means for an Australian parent
- Your company secretary or counsel can usually obtain the ASIC extract and constitution; your adviser prepares the draft directors' resolution and signatory forms so they can be signed once. Check that your constitution and any financing or shareholder agreements allow the investment before the resolution is signed.
Mistakes to avoid
- Notarising a document with a notary whose signature DFAT cannot verify, so the apostille is refused.
- Apostilling a photocopy instead of a certified copy or an original.
- Mismatches between the parent's name, ACN or address on different documents.
- Waiting until after incorporation planning to start the Australian documents.
How AU Corporate handles this
We give you a checklist and drafts for your entity type, and advise on the format Indian authorities will accept.
Related services: India business setup
Official sources
Rules on this page can be verified at the primary sources: Ministry of Corporate Affairs, Reserve Bank of India, Income Tax Department and the GST portal.
Frequently asked questions
What is an apostille?
A certificate that makes a public document from one Hague Convention country valid in another. It replaces consular legalisation.
Can documents be signed and apostilled electronically?
Some states offer remote notarisation and electronic apostilles, but acceptance of electronic versions varies, so confirm with your adviser first.
What documents does the Australian parent need to provide?
An Australian parent typically provides its Certificate of Incorporation and good standing, a board resolution, identity and address proofs of the signatory and directors, and its charter documents. Foreign documents are notarised and apostilled. The exact checklist depends on the parent's entity type.
What is the time period for registering a company in India?
Registering a company in India typically takes 4 to 6 weeks from receipt of complete documents. The MCA incorporation itself is usually the shortest step, and the main variable is how quickly the apostilled Australian parent documents are ready. Name approval and digital signatures can run in parallel.
Does the Australian parent have to travel to India?
An Australian parent does not have to travel to India to set up a subsidiary. Incorporation can be completed online using apostilled documents and digital signatures. Banks set their own KYC rules, so the bank's verification requirements should be confirmed early.
What documents are needed to remit dividends?
Board and shareholder approvals, the audited accounts showing distributable profits, a Withholding Tax computation with treaty documents (Tax Residency Certificate and Form 41, previously Form 10F), and Form 145 and, where required, Form 146 (previously Forms 15CA and 15CB).
How long does incorporation take?
Incorporation of an Indian subsidiary typically takes 4 to 6 weeks from receipt of complete documents. The main variable is how quickly the apostilled Australian documents are ready.
What is an apostille in Australia?
An apostille is a certificate issued by DFAT under the Hague Apostille Convention that confirms the signature, seal or stamp on a document, so that India accepts it without further legalisation. For a private document it is normally issued after a notary public has signed.
Are India and Australia both members of the Hague Apostille Convention?
Yes. India and Australia are both parties to the Hague Apostille Convention, so a DFAT apostille is accepted for Australian documents used to incorporate a subsidiary in India.
How long does an apostille take in Australia?
It depends on DFAT's current processing time and on how quickly the notary appointment and any ASIC documents are ready. Plan for this step to be the longest in the incorporation timeline and start it first. We confirm the current turnaround before you order.
What does an apostille cost in Australia?
DFAT charges a fee for each document it apostilles, and notaries charge their own fees for the notarisation. Fees change, so check DFAT's current schedule. The cost is small next to the cost of a delayed incorporation.
Does DFAT apostille an ASIC company extract?
It depends on the form of the extract and whether DFAT can verify the issuer's signature. If it cannot, the extract is certified by a notary public and the notary's signature is apostilled. We confirm the route before you order.
Can a notary in any Australian state sign the documents?
Notaries are regulated by each state or territory. Any notary public can notarise, but DFAT must be able to verify the notary's signature and seal, so use a notary on DFAT's records and confirm before the appointment.
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Read the guide →Sources
Last updated 15 October 2026. General information only, not legal or tax advice. Indian and Australian rules change often; confirm current requirements before acting.