NRI business setup
Documents Required for NRI Company Registration in India
The document list depends on who the overseas subscribers and directors are, where they live, and where documents are signed. The biggest avoidable delays usually come from incomplete identity, address or authentication paperwork.
Quick Summary
Prepare the NRI document set before you start the incorporation filing.
An NRI or overseas subscriber/director will commonly need a passport or accepted identity proof, current overseas address proof and the relevant incorporation declarations. Proposed directors must also satisfy the applicable DIN and DSC requirements.
Where documents are executed outside India, the authentication route can vary by jurisdiction. Depending on where the person resides and signs, documents may require notarisation, apostille or Indian consular authentication.
Also see Can an NRI Start a Company in India Without Visiting India?
Start here
Core identity and address documents
For overseas individuals involved in an Indian company incorporation, the filing typically needs documents that establish identity and current residential address. Government guidance for foreign nationals specifically refers to a passport together with address proof such as a driving licence or bank statement.
| Document category | Typical purpose |
|---|---|
| Passport / accepted identity proof | Establishes the identity and nationality of the overseas subscriber or director. |
| Current overseas address proof | Supports the individual's present residential address outside India. |
| Photograph / digital KYC information | May be required for DSC or related identity-verification steps. |
| Declarations and consent forms | Used for incorporation and proposed-director confirmations as applicable. |
The exact proof accepted, age of the document and certification requirements should be checked before filing because an otherwise valid document can still cause a resubmission if it does not meet the MCA filing requirements.
Documents for an NRI proposed as a director
A proposed director generally needs to satisfy the applicable Director Identification Number (DIN) requirements. For eligible proposed directors of a newly incorporated company, DIN allotment can form part of the SPICe+ incorporation process.
A Digital Signature Certificate (DSC) is also required for individuals who need to digitally sign MCA forms. In practice, the DSC application itself requires identity and address verification, so this should be planned before the final incorporation forms are ready for signature.
If you are still deciding the board structure, read Can an NRI Be a Director of an Indian Company?
Notarisation, apostille and consular authentication
This is where many overseas incorporation files go wrong. MCA guidance distinguishes the authentication method according to the country where the subscriber or director is residing and the documents are executed.
| Jurisdiction | Typical authentication approach |
|---|---|
| Commonwealth country | Notarisation by a notary public of that jurisdiction may apply. |
| Hague Apostille Convention country | Documents are generally notarised and apostilled as applicable. |
| Other country | Notarisation plus authentication by the relevant Indian diplomatic or consular authority may be required. |
The correct route should be confirmed before signing. Re-executing and re-authenticating documents from overseas can add avoidable time and cost to the incorporation process.
Documents for the Indian registered office
The company also needs an Indian registered-office address. Depending on the facts and filing stage, the documentation can include proof of ownership or occupancy, a rent or lease arrangement where applicable, consent from the owner and a recent utility bill.
The office documentation is separate from the NRI's overseas documents, but both sets must align correctly in the incorporation application. If the registered office is being provided by a founder, relative, professional office or rented premises, confirm the correct supporting papers before filing.
If a foreign company will become a shareholder
Where the subscriber is not an individual but an overseas company or other body corporate, additional entity-level documents are required. MCA guidance includes the foreign body's certificate of incorporation and the authority or resolution under which it is subscribing to the Indian company.
Government investment guidance also states that where a foreign corporate entity becomes a shareholder, its board should authorise the investment in the Indian company and the relevant corporate documentation should accompany the incorporation package.
Common document mistakes that delay NRI incorporations
- Using an outdated overseas address proof
- Signing first and checking apostille or consular requirements later
- Mismatch between names or addresses across passport, proof and incorporation forms
- Not arranging DSCs early enough
- Assuming every overseas jurisdiction follows the same authentication process
- Missing foreign-company board authority where the subscriber is a body corporate
- Preparing MCA documents without separately checking FEMA implications of the proposed shareholding
Before filing
NRI company registration document checklist
- Passport or accepted identity proof for each overseas subscriber/director
- Current overseas residential address proof
- DIN status checked for every proposed director
- DSC arranged for every person who must digitally sign MCA filings
- Required director consents and incorporation declarations prepared
- Notarisation, apostille or consular route confirmed before overseas signing
- Indian registered-office supporting documents collected
- Foreign corporate documents and board authority collected where a foreign company is subscribing
- Names, addresses and identification details cross-checked across every document
- Proposed shareholding reviewed for applicable FEMA and FDI requirements
Watch the explainer
Documents Required for NRI Company Registration in India
This CBTD video covers the core documents, DIN and DSC, overseas authentication and the additional paperwork that may apply when the subscriber is a foreign company.
FAQs
Common questions about NRI company registration documents
What documents does an NRI generally need to register a company in India?
Typical requirements include passport or identity proof, current overseas address proof, incorporation declarations and the applicable director or subscriber documentation. The exact set depends on citizenship, residence, proposed role and company structure.
Does an NRI need to submit a passport?
A passport is generally a key identity document for overseas or foreign-national subscribers and directors. Additional identity or address proof may also be required.
What can be used as overseas address proof?
Common examples include a bank statement, driving licence or other accepted residential proof showing the current overseas address, subject to MCA requirements and document validity.
Do NRI documents need to be notarised?
Where documents are executed outside India, notarisation may be required. Depending on the country, apostille or Indian consular authentication may also be necessary.
When is apostille required?
For documents executed in a Hague Apostille Convention jurisdiction, notarisation and apostille may apply according to the MCA's prescribed authentication route.
When is Indian Embassy or Consulate authentication required?
For documents executed in jurisdictions where the prescribed MCA route requires consular authentication, documents may need to be notarised and authenticated by the relevant Indian diplomatic or consular authority.
Does an NRI director need DIN and DSC?
A proposed director generally needs to satisfy the applicable Director Identification Number requirements, and a Digital Signature Certificate is needed for electronic MCA signing where applicable.
What documents are needed for the Indian registered office?
Typical registered-office documentation can include ownership or occupancy evidence, a rent or lease document where applicable, owner consent and a recent utility bill, depending on the facts and filing stage.
What if a foreign company will own shares in the Indian company?
Additional corporate documents may be required, including the foreign entity's certificate of incorporation and an authorising board resolution or constitutional authority for the investment.
Can CBTD help review the document set before incorporation?
Yes. CBTD can help coordinate a Chartered Accountant review of the proposed structure, documentation, incorporation, FEMA and ongoing compliance requirements.
Setting up an Indian company from abroad?
Get the document and authentication requirements right before you file.
CBTD can help coordinate the India-side incorporation, FEMA, tax and compliance review with a Chartered Accountant.
Disclaimer: This guide is general information, not legal, tax, FEMA, company-law, banking, accounting or professional advice.