China joined the Hague Apostille Convention in November 2023, so documents notarised at a Chinese notary office and apostilled by the Ministry of Foreign Affairs or an authorised local foreign affairs office should be accepted in India; we confirm acceptance for each use. Any investment into India by Chinese entities or beneficial owners needs Government of India approval, and Chinese citizens need RBI permission to acquire property. China is not a reciprocating territory, and India and China have a tax treaty.
- Document route
- Chinese notary office and apostille, or Indian mission attestation
- Time difference
- IST is 2h30 behind China all year
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- China joined in 2023; acceptance checked case by case
Chinese business in India and Indians in China
Chinese companies supply a large share of India's electronics, solar equipment, machinery, chemicals and active pharmaceutical ingredients, and many have set up Indian subsidiaries, assembly plants and joint ventures. Indian traders buy from Yiwu and Guangzhou, Indian students study medicine in China, and Indian professionals work in Shanghai, Beijing and Shenzhen. Disputes over quality, delivery, payment and intellectual property are common, and the regulatory position of Chinese investment in India has become strict since 2020.
We help Chinese and Indian clients with company setup and investment approvals, supply and distribution contracts, arbitration, trademark protection, money recovery, and powers of attorney for Indians in China.
Signing documents in China for use in India
The Hague Apostille Convention entered into force for mainland China on 7 November 2023. As far as we are aware India has not objected, so an apostille should in principle replace embassy legalisation. The usual chain is:
- Have the document notarised at a notary public office in China, usually with an English translation certified by the office.
- Obtain the apostille from the Department of Consular Affairs of the Ministry of Foreign Affairs or an authorised provincial or municipal foreign affairs office.
- Courier the original to India, where it is stamped within three months and used with the relevant authority, such as the Registrar of Companies, a court or a sub-registrar.
Indian citizens can also sign before the consular officer at the Embassy of India in Beijing or the Consulates General in Shanghai and Guangzhou. Hong Kong and Macau have their own apostille arrangements. Indian authorities sometimes look closely at Chinese corporate documents, so we review the set before it is notarised.
Most requested services from China
These six services cover most of what Chinese businesses and Indians in China need from an Indian lawyer. Each page explains the route from China and what then happens in India.
Power of Attorney
An apostilled power, or one signed at an Indian mission in China, lets someone act for you in India.
Company Setup for Foreigners
Chinese investors set up Indian companies through the Press Note 3 approval route.
Commercial Contracts
Supply, distribution, OEM and technology contracts with Indian partners.
International Arbitration
CIETAC, SIAC and HKIAC arbitrations and enforcing awards against Indian parties.
Money Recovery from India
Chinese suppliers recover unpaid invoices from Indian buyers.
Trademark Protection in India
Registering and protecting Chinese brands in India, and fighting copies.
Press Note 3 and Chinese investment in India
Since April 2020, an entity of a country that shares a land border with India, or where the beneficial owner of an investment is situated in or is a citizen of such a country, can invest in India only under the government approval route, whatever the sector or amount. China is the main country affected. Approval is also needed for transfers of existing shareholding that bring in Chinese beneficial ownership. Applications are filed on the national foreign investment portal and reviewed by the relevant ministry with security inputs, which can take several months.
Under the FEMA (Non-Debt Instruments) Rules 2019, a Chinese citizen living outside India also needs prior RBI permission to acquire or transfer immovable property in India, other than a lease of up to five years. Chinese companies operating in India through approved subsidiaries can lease premises.
The India and China tax treaty
India and China have a double taxation avoidance agreement in force since 1994, amended by a protocol in 2018 to bring it in line with the international rules against treaty abuse. Chinese tax residents can claim treaty rates on dividends, interest, royalties and fees for technical services with a tax residence certificate and Form 10F, subject to the principal purpose test. Indian subsidiaries must apply transfer pricing rules to transactions with Chinese group companies.
Chinese judgments, arbitration and disputes
China has not been notified as a reciprocating territory under section 44A of the Code of Civil Procedure, so a Chinese court judgment can only found a fresh suit in India, subject to section 13. China and India are both parties to the New York Convention, so arbitration awards, for example from CIETAC, the Shanghai International Arbitration Centre, SIAC or HKIAC, can generally be enforced in India under Part II of the Arbitration Act. For contracts with Indian buyers or partners, a carefully drafted arbitration clause is usually the most effective protection.
All services for clients in China
NRI Property Law
- Property Disputes
- Encroachment & Illegal Possession
- Partition of Family Property
- Buying & Selling Property
- Title Search & Due Diligence
- Tenant Eviction
- Builder Delay & RERA
Inheritance & Documents
Cross-Border Family Law
- Divorce for NRIs
- International Child Custody
- Maintenance & Alimony
- Marriage Registration
- 498A & Dowry Case Defence
- OCI Card Issues
Doing Business in India
- Company Setup for Foreigners
- Indian Subsidiary Setup
- Branch & Liaison Office
- FDI & FEMA Compliance
- Trademark Protection in India
- Commercial Contracts
- Employment Law for Foreign Employers
- GST for Foreign Businesses
- Investing in Indian Startups
- Legal Advisory for NRI Investors
Disputes & Enforcement
- International Arbitration
- Enforcing Foreign Judgments
- Money Recovery from India
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Cyber & Investment Fraud
- Criminal Defence & Look Out Circulars
Cross-Border Tax & Money
Indian missions in China
The Embassy in Beijing and the Consulates General in Shanghai and Guangzhou provide passport, OCI and attestation services. Hong Kong is covered by the Consulate General there.
- Embassy of India, Beijing
- Consulate General of India, Shanghai
- Consulate General of India, Guangzhou
Frequently asked questions
Does India accept Chinese apostilles?
China joined the Convention in 2023 and, as far as we know, India has not objected, so apostilles should be accepted. We confirm for each use.
Does a Chinese company need approval to invest in India?
Yes. Under Press Note 3 of 2020, investment from Chinese entities or beneficial owners needs government approval in every sector.
How long does Press Note 3 approval take?
Usually several months, sometimes longer, depending on the sector and security review.
Can a Chinese citizen buy a flat in India?
Only with prior RBI permission. Leasing for up to five years needs no permission.
Can a Chinese court judgment be enforced in India?
Not directly. China is not a reciprocating territory, so a fresh suit is needed. Arbitration awards are easier to enforce.
Is there a tax treaty between India and China?
Yes, in force since 1994 and amended in 2018.
Can you register our trademark in India?
Yes, directly or through the Madrid Protocol, and we handle oppositions and infringement.
How do we communicate?
By video call, email and WhatsApp, in English. China is 2 hours 30 minutes ahead of India.