Documents: legalisation

Preparing Chinese Documents for India: Why There Is No Apostille Between China and India and What to Do Instead

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

Short answer

China joined the Apostille Convention with effect from 7 November 2023, but India objected to China's accession on 8 September 2023 under Article 12 of the Convention. The Convention therefore does not operate between the two countries, and Chinese public documents are not apostilled for use in India. The route is a Chinese notary, then authentication by the Ministry of Foreign Affairs or the authorised provincial foreign affairs office, and then attestation by the Indian Embassy in Beijing or the Consulates General in Shanghai and Guangzhou. Allow extra time and keep the documents consistent with the Press Note 3 application.

← Back to the complete guide: How to Set Up a Subsidiary in India from China

Key facts

ApostilleNot available between China and India because India objected to China's accession (objection dated 8 September 2023)
Step 1Notarisation by a Chinese notary public office
Step 2Authentication by the Ministry of Foreign Affairs legalisation department or the authorised provincial foreign affairs office
Step 3Attestation by the Indian Embassy in Beijing or the Consulates General in Shanghai or Guangzhou, by consular jurisdiction
TranslationChinese documents need an English translation, certified or notarised as the Indian Registrar and bank require
Typical timePlan several weeks for the whole chain; confirm current processing times with each office
CoverageThe Indian missions attest the seal and signature, not the contents

Why the Apostille route is closed

Under Article 12 of the Apostille Convention, a State may object to another State's accession, and the Convention then does not apply between them. India lodged an objection to China's accession. Chinese authorities therefore still apply consular legalisation for documents going to India, and India still requires consular attestation for Chinese documents. Documents from Hong Kong and Macao follow their own arrangements, so confirm the position separately if a Hong Kong company is on your ownership chart.

The document chain

StepWhoWhat happensNotes
1. PrepareChinese parentBusiness licence, articles of association, board or shareholder resolution, identity documents of directors and signatoriesNames must match the Press Note 3 application and the Indian forms
2. NotariseChinese notary public officeNotary certifies the copies, signatures and company sealAsk for notarisation with English translation if the office offers it
3. AuthenticateMinistry of Foreign Affairs or authorised provincial foreign affairs officeAuthenticates the notary's signature and sealCheck which office covers your notary
4. AttestIndian Embassy in Beijing or Consulate General in Shanghai or GuangzhouAttests the document with a stamp; commercial and trade documents may need a separate online formThe applicant must reside within the mission's jurisdiction; use the consular services portal
5. TranslateCertified translatorEnglish translation, attached to the originalsThe Registrar and the Indian bank may ask for a notarised translation
6. SendParent or adviserOriginals or scans to the Indian teamKeep the originals safe for the bank KYC and for the Press Note 3 file

What to prepare

  • Business licence and the current extract of the company registration, showing legal representative, registered capital and scope.
  • Articles of association.
  • Board or shareholder resolution approving the investment in India, naming the signatories.
  • Ownership chart up to the ultimate natural persons, with shareholder identity documents, because Indian banks and the government approval process ask for it.
  • Directors' passports and address proof. Chinese directors need Ministry of Home Affairs clearance; see Press Note 3.
  • Specimen signatures and, if used, the company seal.
  • Audited financial statements, usually for the last two or three years.

Translation and names

  • Keep the English name of the company, the Chinese name and the transliteration identical across the notarial certificate, the resolution and the application.
  • Directors' names must match the passport. A different spelling is a common cause of rejection by the Registrar or the bank.
  • Use one translator for the whole set, so that terms such as legal representative and registered capital are consistent.

Timing and risk

  • Run the document chain while the Press Note 3 application is being reviewed, because it will be needed straight after approval.
  • Documents may expire for the bank or the Registrar if they are too old, often within a few months, so check the age limit before starting.
  • If an office asks for an additional step, follow the office's current guidance and do not assume the chain you used last year still applies.
  • Your Indian adviser can usually accept scans for the filing but the bank will want originals.

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

Can Chinese documents be apostilled for use in India?

No. India objected to China's accession to the Apostille Convention, so the Convention does not apply between them. Use the consular legalisation chain instead.

What is the route for Chinese documents to be used in India?

Notarisation by a Chinese notary, authentication by the Ministry of Foreign Affairs or the authorised provincial foreign affairs office, and attestation by the Indian Embassy in Beijing or the Consulates General in Shanghai or Guangzhou.

Does the Indian Embassy check the contents of the document?

No. Its attestation covers the seal and signature, and states that the mission is not responsible for the contents.

Do I need an English translation?

Yes. The Registrar and the Indian bank need English. Use a certified translator and keep names consistent.

How long does it take to prepare Chinese documents?

Plan several weeks for notarisation, authentication and attestation. Confirm current processing times with each office.

Do documents from Hong Kong follow the same route?

Hong Kong and Macao have their own arrangements. Confirm the route with your adviser if a Hong Kong company is in the ownership chain.

Can I sign the incorporation forms electronically from China?

Directors sign with Digital Signature Certificates. The supporting corporate documents still go through the chain above.

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

Sources

← Back to the complete guide

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

Talk to AU Corporate

Getting Chinese Documents Ready for India?

Tell us which documents your subsidiary needs, and we'll map the notary, Chinese authentication, Indian embassy attestation and translation steps.

  • • Company incorporation and entity selection
  • • FDI, FEMA and regulatory guidance
  • • Tax, banking and post-incorporation support