Risks: mistakes

Common Mistakes Chinese Companies Make in India and How to Avoid Them

By Abhishek Jaiin, Chartered Accountant (ICAI membership no. 544646), AU Corporate · Last updated 26 October 2026

Short answer

Most problems for Chinese companies in India come from sequence and disclosure: investing before the government approval, relying on a third-country vehicle that does not hide Chinese ownership, using an apostille that India does not accept for Chinese documents, sending people on the wrong visa, or keeping thin records. The list below groups the common ones by area, with the fix for each.

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Key facts

ApprovalRemitting or incorporating before Press Note 3 approval
OwnershipA Hong Kong or Singapore vehicle used to hide Chinese beneficial ownership
DocumentsChinese documents apostilled instead of notarised, authenticated and attested
FEMALate allotment (60 days) or late FC-GPR (30 days after allotment); missed FLA return
Treaty reliefNo Chinese tax residence certificate or Form 41 before the first dividend
VisasEngineers on business visas doing hands-on work
RecordsThin wage, PF and contract records in a foreign-owned factory

Mistakes and fixes

AreaMistakeFix
ApprovalInvesting before the Press Note 3 approval, or beyond what it allowsWait for the approval and keep the structure consistent with it. See Press Note 3
OwnershipAssuming a Hong Kong or Singapore holding company avoids the approvalThe policy looks at beneficial ownership and control; structure openly. See structure options
DocumentsSeeking an apostille for Chinese documentsIndia objected to China's accession, so use notarisation, authentication and Indian mission attestation. See documents and legalisation
Chinese filingsRemitting funds before outbound filings and SAFE registration are completeSequence Chinese and Indian steps together. See Chinese parent obligations
FEMAReceiving funds but allotting shares after 60 daysAllot within 60 days or refund; file FC-GPR within 30 days of allotment. See funding and FEMA
DirectorsAppointing a Chinese director before clearance, or having no resident directorName a resident director first; add Chinese directors after clearance
Tax treatyPaying dividends without a residence certificate and Form 41Collect documents before the first payment. See repatriating profits
Transfer pricingCharging fees or buying components with no agreement or benchmarkContract first; keep a benchmark file; align customs value. See transfer pricing
VisasUsing a business visa for hands-on workUse the correct visa category and allow for clearance. See relocating staff
Provident fundAssuming Chinese social insurance replaces EPFThere is no social security agreement; budget for EPF. See Chinese employees in India
DataMoving data from China without a legal route, or ignoring DPDPMap flows and choose a route. See data protection
Public contractsBidding for government contracts without registrationLand-border-country bidders must register first. See restricted sectors and procurement

Three habits that avoid most of these

  • Approval first: no incorporation, remittance or hiring for the project before the approval and the Chinese filings are settled.
  • One owner per deadline: a named person for each filing in each country.
  • Open records: keep a full file of approvals, ownership, contracts, wages and filings that you would be comfortable showing to an inspector.

Early warning signs

  • A bank asks for an ownership chart you have not prepared.
  • An Indian partner asks to sign before the approval arrives.
  • The Chinese outbound filing and the Indian application describe the project differently.
  • A staff member arrives on a visa that does not match the work.
  • Payments to the parent have no contract behind them.

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, MOFCOM (China), SAFE (China) and the Ministry of External Affairs (India).

Frequently asked questions

What is the most common mistake Chinese companies make in India?

Investing or incorporating before the Press Note 3 approval, or in a structure that does not match what was approved.

Can a Hong Kong or Singapore holding company avoid the approval?

No. The policy looks at beneficial ownership and control. A mis-described structure is a FEMA risk.

Do Chinese documents need an apostille for India?

No. India objected to China's accession to the Apostille Convention, so documents go through a Chinese notary, Chinese authentication and Indian Embassy attestation.

Can Chinese engineers work on a business visa?

A business visa is for meetings and talks, not hands-on work. Choose the right visa and allow time for clearance.

What do I need before the first dividend is paid?

A Chinese tax residence certificate, Form 41 and any no-PE declaration the payer requires.

Where do I start to avoid these mistakes?

With the Press Note 3 and documents pages, then the compliance calendar and an adviser in each country.

See all 147 FAQs →Plain answers on incorporation, FEMA, tax, hiring and exit.

Sources

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Last updated 26 October 2026. General information only, not legal or tax advice. Indian and Chinese rules change often; confirm current requirements before acting.

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