When a Foreign Company or a foreign national intends to set up a company or LLP in India, there are a number of documents which require Notarization and appostalisation or Notarization and signature of the Indian Embassy.
What is Notarization?
Notarization is the process by which a public notary uses his/her signature to authenticate certain documents. This can be in relation to the execution of a deed or contract, or to verify some fact of which the notary has definite knowledge. Notarization in India is performed under the Notaries Act, 1952. Likewise each country will have a notary and he will perform the function of notary as per the regulations of the respective country.
What is appostalisation?
Appostilisation is a type of attestation in which the documents are verified according to an international standard known as the Hague Convention. This is done to verify documents across borders. Once documents are appostilled, they need not be further attested by any authority.
Many countries around the world have joined a treaty that simplifies the authentication of public documents used abroad. This treaty is known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents or the Apostille Convention. In countries where the Apostille Convention applies, it reduces the authentication process to a single form: the issuance of a certificate of authenticity by an authority designated by the country where the public document is issued. This certificate is called an Apostille. The following are examples of countries who are a part of the Hague Convention.
What is Indian Embassy sign/consulate sign?
The signature of the Indian Embassy is required in cases where the country is not a member of the Hague Convention. For example, many African countries are not signatories, and as a result if documents need to be verified from these countries, one must seek the signature of the Indian Embassy in that country.
Apostille Requirement for Company Registration
During the process of incorporating a company foreign nationals/Foreign Companies are expected to get Passport, address proof and certain incorporation documents notarized in their country. If the national is from a country that is a signatory to the Hague Convention, then all the documents must be appostalised. In case appostalisation is not possible Indian Embassy signature must be obtained.
All other steps to be followed when incorporating a company by a foreign national can be found here - https://www.setupcompany.online/post/registration-of-foreign-subsidiary-and-taxation
Can a Foreigner on a Business VISA register a Company in India?
Yes, Foreigner holding a valid business VISA and having proof of arrival to India can register a company without getting incorporation documents notarized or appostalised or Indian embassy signature. However his Passport and address proof must be notarized or appostalised/Indian Embassy sign obtained on it.
For further details please write to firstname.lastname@example.org