A German parent needs a certified set of company documents for the Indian incorporation: a current Handelsregister extract, the articles of association, a resolution approving the investment, and identity and address proof for each foreign director, notarised and apostilled. Germany has no central apostille office, so the Landgericht for the notary's or register's district issues it, and because German-language records need an English version, a sworn translation is usually the last step. Start this early, because translation and court processing can set the pace.
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Key facts
| Apostille authority | The Landgericht (regional court) for the notary's district; for register extracts, the Landgericht of the register court |
|---|---|
| Convention | Hague Apostille Convention, in force for Germany since 13 February 1966; India is also a party |
| Company records | Handelsregister extract (HRB number, Geschäftsführer, power of representation, share capital), articles of association, shareholder list |
| Notary | Certifies signatures and can issue a certificate of representation from the register under Section 21 of the Federal Notary Code |
| Approval | Resolution of the managing directors or shareholders approving the investment, the Indian name, the directors and a signatory |
| Language | German documents need a certified English translation by a sworn translator, attached to the apostilled original |
| Validity | Indian authorities look for recent documents; address proofs are normally under two months old |
The document set for the parent
| Document | From | Treatment |
|---|---|---|
| Handelsregister extract (current print) | Handelsregister portal | Certified extract, then apostille from the Landgericht; keep the order recent |
| Articles of association (Gesellschaftsvertrag or Satzung) | Parent | Certified copy by the managing director or a notary, apostilled, translated |
| Resolution approving the Indian investment | Managing directors or shareholders | Signed, notarised, apostilled, translated |
| Certificate of representation (Vertretungsbescheinigung) | Notary, based on the register | Shows who may sign for the company; apostille and English version |
| Power of attorney for the Indian signatory, if used | Parent | Notarised, apostilled, translated |
| Transparenzregister extract and ownership chart | Parent | Needed for the bank and the Indian beneficial owner filing |
| Latest annual accounts, if the bank asks | Parent | Often requested by Indian banks; apostille not usually required |
Notary, apostille and translation: how it works in Germany
Germany has no central apostille authority. Each Bundesland handles documents from its own courts, and the usual route is the Landgericht for the notary's district for notarised documents and the Landgericht of the register court for register extracts. The Hague Apostille Convention applies between Germany and India, so no consular legalisation by the Indian embassy is needed.
- Order a certified Handelsregister extract and have a German notary certify the signatures on private documents, such as the resolution and any power of attorney.
- Ask the notary for the certificate of representation, in English if the notary offers it.
- Submit the documents to the Landgericht for the apostille. Allow several working days, longer in busy courts.
- Commission a sworn translation into English that refers to the apostilled original, so the apostille is not detached from the text.
- Courier the originals or scans to the Indian incorporation team. Keep the originals with the parent.
Directors: identity, address and signatures
- German director or signatory: passport copy and address proof, such as a bank statement or utility bill, issued within the last two months. A residents' registration certificate does not always meet the Indian form.
- Notarised copies: a notary certifies the copy, then the apostille is added. Keep the names on all documents identical.
- DSC and DIN: each proposed director needs a Digital Signature Certificate and a Director Identification Number. A foreign director's DSC usually needs attested documents or video verification.
- Resident Director: at least one director must have stayed in India for 182 days or more in the financial year. See the incorporation guide.
Showing who owns the parent
Indian law asks for significant beneficial owners, meaning individuals who hold or control 10% or more of the company directly or through others. A GmbH owned through a family holding, a foundation or a GmbH & Co. KG should prepare an ownership chart, use the Transparenzregister extract as support and be ready to file Form BEN-2 after the subsidiary is formed. Where an ultimate owner is in or a citizen of a country sharing a land border with India, Press Note 3 of 2020 can require government approval, so review ownership before you commit.
Timing
- German side: allow several working days for notary appointments, the Landgericht and the translator. Plan for German public holidays, which differ by state.
- Time zone: India is three and a half hours ahead of Germany in summer and four and a half in winter, so a morning call in Germany reaches the Indian bank in the afternoon.
- Rework: the usual delays are name mismatches between the passport and the register, an extract that is too old, and a translation that omits the apostille text.
Official sources
Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, Federal Central Tax Office (BZSt), Handelsregister and the Deutsche Bundesbank.
Frequently asked questions
What documents does a German company need to incorporate a subsidiary in India?
A current Handelsregister extract, the articles of association, a resolution approving the investment and the director appointments, a certificate of representation and identity and address proof for foreign directors, notarised, apostilled and translated into English.
Which German documents need an apostille for an Indian subsidiary, and who issues it?
The German parent's Handelsregister extract, its articles of association, the resolution approving the investment, and the notarised passports and address proofs of its directors and authorised signatory all need an apostille. Germany has no central apostille office: the Landgericht for the notary's district apostilles notarised documents, and the Landgericht of the register court apostilles Handelsregister extracts. Each document then needs a sworn English translation, and India and Germany are both parties to the Apostille Convention, so no Indian embassy legalisation is needed.
Does India accept a German apostille?
Yes. India and Germany are both parties to the Hague Apostille Convention, so no consular legalisation by the Indian embassy is needed.
Do my German documents need to be translated into English?
Usually yes. Indian authorities need English, so use a sworn translator and attach the translation to the apostilled original.
What is a Vertretungsbescheinigung?
A notary's certificate, based on the register, that confirms who may represent the company. It helps the Indian bank and the Registrar verify the signatory.
Does a German parent have to declare its beneficial owners in India?
Yes. The Indian subsidiary must identify significant beneficial owners (10% or more) and file Form BEN-2. The Transparenzregister extract and an ownership chart support it.
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Read the guide →Sources
Last updated 26 October 2026. General information only, not legal or tax advice. Indian and German rules change often; confirm current requirements before acting.