Spain and India are both parties to the Apostille Convention, so a Spanish public document can be recognised in India with an apostille and without consular legalisation. The usual Spanish route is a notarial document (escritura or acta) or a certificate from the Mercantile Registry (certificación del Registro Mercantil), apostilled by the competent authority, with a sworn translation into English (traducción jurada) because Indian authorities need English. The apostille covers the signature of the notary or official; it does not turn a weak document into a strong one, so decide first what the Indian recipient needs: proof of existence, proof of authority, proof of ownership or proof of net worth. Keep names, addresses and identity numbers consistent in every paper.
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Key facts
| Convention status | Spain and India are both parties to the Apostille Convention |
|---|---|
| Public documents | Mercantile Registry certificate, notarial deeds and acts; apostille from the competent authority for the document type |
| Private documents | Board resolutions and powers of attorney: notarised first, then apostilled |
| Translation | Sworn translation into English; the translator's signature is also authenticated if the recipient requires |
| Validity | Registry certificates are usually accepted for three to six months |
| Identity | Passports with the NIE or DNI number as used in Spain; consistent spelling of names |
| Indian missions | Embassy of India in Madrid and Consulate General in Barcelona for visas and attestation queries |
| Indian credentials | Each director needs a DIN and a Digital Signature Certificate |
What the Indian recipient needs from the paper
The same Spanish document has different jobs depending on who in India reads it. The Registrar of Companies, filing a SPICe+ application, mainly wants to know that the foreign shareholder exists, who signs for it and who owns it. The Indian bank, opening the account, wants beneficial owners, source of funds and the authority of the person who gives instructions. The authorised dealer bank, receiving capital, wants evidence of the remitter and the purpose. The tax department wants the tax residency certificate. A clean file starts with a map of which document serves which reader, so that nothing is apostilled twice or forgotten.
Documents normally required
| Document | Spanish source | Authentication |
|---|---|---|
| Certificate of the Mercantile Registry (existence, directors, registered office) | Registro Mercantil | Apostille; sworn translation |
| Deed of incorporation and bylaws | Notary and Registry | Notarised copy; apostille; sworn translation |
| Board resolution to invest in India, naming signatories and Indian directors | Spanish company, certified by the secretary with the chair's approval | Notarised signatures; apostille; sworn translation |
| Power of attorney for the person who will sign in India | Notarial deed | Apostille; sworn translation; stamping on arrival in India |
| Passport copies and address proof of directors and beneficial owners | Individuals | Notarised copies; translation of non-English parts |
| Latest annual accounts or net worth certificate | Spanish company, auditor or accountant | Signature notarised; apostille; translation |
| Tax residency certificate | Agencia Tributaria | Apostille not usually required for tax use; confirm with the Indian payer |
| Beneficial ownership chart and declaration | Company | Signed declaration; notarised where the bank asks |
How the apostille works in Spain
Spain issues apostilles through several authorities depending on the document. Notarial documents are generally apostilled by the notarial college of the region, documents from the courts and some registries by the competent judicial or administrative bodies, and documents from the public administration by the ministry concerned. The right authority for a Mercantile Registry certificate or a notarial deed should be confirmed with the notary at the time of signing. Once apostilled, the document does not need a stamp from the Indian Embassy or Consulate. If an Indian recipient does not accept an apostille for a particular use, ask it to state the requirement in writing and approach the Embassy of India in Madrid or the Consulate General in Barcelona.
Sworn translation into English
A Spanish document is useless to an Indian registrar unless it is in English. Use a sworn translator, appointed by the Spanish Ministry of Foreign Affairs, so that the translation carries a signature and seal that Spanish and many foreign authorities respect. Check three details: the translation must follow the apostille so that the apostille is translated as well; names of directors must be spelled exactly as in the passport; and numbers, dates and amounts must be reviewed against the original, because a transposed digit in a share capital figure will delay the filing. For documents that are already bilingual, ask the Indian recipient whether a Spanish-only apostille page is enough.
Pitfalls specific to Spanish documents
- Spanish names with two surnames, and the use of particles such as de or del, appearing differently in the passport, registry and bank forms. Settle one form and use it throughout.
- Powers of attorney granted in broad terms; Indian banks and the Registrar often want a power that names the specific acts, such as signing the SPICe+ forms or opening an account.
- Registry certificates that are older than the period the bank accepts.
- Notarial copies of originals that remain in Spain when the Indian side asks for the original.
- Missing stamp duty on powers of attorney and agreements when they arrive in India. See incorporation steps.
How long the paperwork takes
Allow two to four weeks from a final draft to a complete, apostilled and translated set, depending on notary availability, the apostille authority and the translator's workload. Start the documents in parallel with the Indian name reservation and director credentials, so that the filing is not waiting on them. See the timeline guide.
Official sources
Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, Agencia Tributaria (Spain), Spanish Ministry of Economy, Trade and Business and the Ministry of External Affairs (India).
Frequently asked questions
Does India accept a Spanish apostille?
Spain and India are both parties to the Apostille Convention, so an apostille from the competent Spanish authority is the normal route and consular legalisation is not usually needed.
Which Spanish authority issues the apostille?
It depends on the document: notarial documents are generally apostilled through the notarial college, and other documents by the competent judicial or administrative body. Ask the notary.
Do I need a sworn translation?
Yes for Spanish-language documents. A sworn translator appointed by the Spanish Ministry of Foreign Affairs is the usual choice.
Do I need a notary for a board resolution?
Usually for the signatures, so that the document can be apostilled. The notary also helps with the power of attorney.
How recent must a Mercantile Registry certificate be?
Indian banks and the Registrar commonly accept certificates issued within three to six months. Ask each recipient.
Do the directors need Indian credentials?
Yes. Each proposed director needs a DIN and a Digital Signature Certificate before the incorporation form is filed.
What if the Indian recipient refuses an apostille?
Ask it to state the requirement in writing and approach the Indian Embassy in Madrid or the Consulate General in Barcelona.
Can a lawyer in India sign for my company?
Only under a power of attorney that has been notarised, apostilled, translated and stamped in India.
Related guides
Step-by-Step Incorporation of an Indian Private Limited Company by a Spanish Parent: From Name Approval to the Foreign Investment Filing
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Read the guide →How Long Does It Take a Spanish Company to Set Up in India? A Week-by-Week Timeline from Board Decision to First Invoice
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Read the guide →Sources
Last updated 2 November 2026. General information only, not legal or tax advice. Indian and Spanish rules change often; confirm current requirements before acting.