A Japanese company can set up and run an Indian subsidiary, branch or liaison office without sending its directors to India. Corporate documents such as the certificate of registered matters are apostilled by the Ministry of Foreign Affairs of Japan, while private documents are first notarised by a Japanese notary. India and Japan have a tax treaty and a comprehensive economic partnership agreement. Japan is not a reciprocating territory, so a Japanese court judgment must be sued upon afresh in India.
- Document route
- Japanese notary (koshonin), then MOFA apostille
- Time difference
- IST is 3h30 behind Japan all year (no daylight saving)
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- In force
Japanese business in India and the Indian community in Japan
Japanese capital has shaped Indian manufacturing since the automobile joint ventures of the 1980s. Today Japanese groups run plants, sales companies and engineering centres across India, from the Delhi NCR and the Japanese industrial township at Neemrana in Rajasthan to Gujarat, Chennai and Bengaluru. Government-to-government projects such as the high-speed rail corridor and long-term development lending sit alongside private investment, and Invest India runs a dedicated Japan Plus desk for these investors.
The Indian community in Japan is smaller but growing quickly: software engineers, researchers, restaurant owners, traders in Kobe and Yokohama, and students. Their questions are usually personal ones about property, inheritance, tax and family matters in India. The corporate work we see from Japan is led by setting up an Indian subsidiary, opening liaison and branch offices, FEMA reporting, hiring and dismissal under Indian labour law, supply and technology contracts, and brand protection.
How documents signed in Japan are made valid for India
Japan and India are both parties to the Hague Apostille Convention, so Japanese documents need an apostille rather than embassy legalisation. The steps depend on the kind of document:
- Public documents, such as a certificate of registered matters for a company issued by the Legal Affairs Bureau, or a family register extract, can go directly to the Ministry of Foreign Affairs (Consular Affairs, in Tokyo or the Osaka branch office) for an apostille.
- Private documents, such as a board resolution or a power of attorney, are first signed before a notary (koshonin) at a notary office. The notary's authority is certified by the Legal Affairs Bureau and the Ministry then adds the apostille. In some prefectures, including Tokyo, Kanagawa and Osaka, the notary office can arrange the whole chain in one visit.
- The original is couriered to India and stamped under the Indian Stamp Act within three months of arrival.
Japanese companies traditionally rely on registered seals rather than signatures. Indian authorities expect a handwritten signature by an identified individual, so we ask the representative director or an authorised officer to sign, and attach a seal certificate or signature certificate where it helps. Documents in Japanese need a certified English translation.
Most requested services from Japan
These six services make up most of what Japanese companies and individuals in Japan ask us for. Each page explains how the work runs from Japan, from the koshonin and Ministry apostille to the Indian registrar, bank or court.
Indian Subsidiary Setup
Most Japanese groups operate in India through a wholly owned or joint venture company, which needs a clean incorporation and FDI reporting.
Branch & Liaison Office
Trading houses, banks and manufacturers often start with a liaison or project office in India before committing capital.
FDI & FEMA Compliance
Every capital injection, loan or share transfer by a Japanese parent must be reported correctly under FEMA.
Employment Law for Foreign Employers
Japanese employers need Indian contracts, policies and exit processes that fit the labour codes rather than Japanese practice.
Commercial Contracts
Supply, technology licence and distribution agreements with Indian parties need Indian law drafting and enforceable dispute clauses.
Trademark Protection in India
Japanese consumer and industrial brands are frequent targets of copycat filings in India.
The India and Japan tax treaty, CEPA and money flows
India and Japan have a comprehensive double taxation avoidance agreement, so Japanese companies receiving dividends, interest, royalties or fees for technical services from India can claim reduced Indian withholding rates. They need a certificate of residence from the Japanese tax office and must file Form 10F in India, and the Indian payer must be satisfied before it remits. The Comprehensive Economic Partnership Agreement of 2011 covers trade in goods and services and investment, and lowers customs duty on qualifying goods with a proper certificate of origin.
Most foreign investment from Japan falls under the automatic route of the FDI policy, but every share issue must be reported to the RBI and the annual return on foreign liabilities and assets must be filed on time. Intra-group charges between a Japanese parent and its Indian company are tested under Indian transfer pricing rules, and advance pricing agreements are often used by long-established Japanese groups. Our page on FDI and FEMA compliance sets out the filings.
Japanese judgments, arbitration and family matters
Japan has not been notified as a reciprocating territory under section 44A of the Code of Civil Procedure. A Japanese money judgment cannot be executed directly in India; the creditor files a fresh suit in India on the judgment or on the original claim, and the Japanese judgment is conclusive between the parties unless one of the exceptions in section 13 applies. Limitation for that suit generally runs three years from the date of the judgment, so delay is costly.
Arbitration is the better route for commercial contracts. Japan is a New York Convention country notified by India, so an award from a Tokyo seated arbitration, including one administered by the Japan Commercial Arbitration Association, is enforced under Part II of the Arbitration and Conciliation Act. On the family side, Japan joined the Hague Child Abduction Convention in 2014 but India has not, and a divorce granted in Japan, especially one registered by agreement at a ward office, may not be recognised in India unless it fits Indian matrimonial law. Mixed Indian and Japanese couples should take advice before relying on one.
Working with an Indian lawyer from Japan
Japan is three and a half hours ahead of India all year, so a 9 am call in Tokyo is 5.30 am in Mohali and a 6 pm call in Tokyo is 2.30 pm in India. We usually schedule weekly calls in the Japanese afternoon, which suits the India desks of Japanese head offices. Courier from Japan to North India normally takes three to six working days.
Japanese clients often want detailed written explanations before a decision is approved internally, and we prepare memos in clear English that translate well. Expect some Indian processes to move less predictably than in Japan: bank account opening, state level registrations and court dates can take longer than planned. We build those into the timetable from the start, and our attorney holders or staff attend offices in India so that your managers do not have to travel.
All services for clients in Japan
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 Japan
The Embassy in Tokyo and the Consulate General in Osaka-Kobe handle passports, OCI cards and consular attestation for Indian nationals across Japan.
- Embassy of India, Tokyo
- Consulate General of India, Osaka-Kobe
Frequently asked questions
Can a Japanese court judgment be enforced in India?
Not directly. Japan is not a reciprocating territory, so the creditor must file a new suit in India based on the Japanese judgment. The Indian court treats the judgment as conclusive unless a ground in section 13 CPC applies, such as lack of jurisdiction or a breach of natural justice.
Who issues apostilles in Japan?
The Ministry of Foreign Affairs of Japan, at its Tokyo office and the Osaka branch. Private documents must first be notarised by a koshonin, and in some prefectures the notary office arranges the apostille in the same visit.
Can our Japanese representative director sign Indian documents with the company seal?
Indian registrars and banks expect a handwritten signature by a named person. The seal can be used as well, but the document should be signed and the signatory identified, ideally with a seal or signature certificate.
Does foreign investment from Japan need government approval?
In most sectors no. Investment is under the automatic route, subject to sectoral caps and conditions, and reporting to the RBI. Some sectors, such as defence beyond specified limits, need approval.
How do Japanese companies claim treaty rates on Indian royalties?
They obtain a certificate of residence from the Japanese tax office, file Form 10F online in India and provide both, with a no permanent establishment declaration where relevant, to the Indian payer.
Is a divorce obtained in Japan valid in India?
It depends on how it was obtained and on the parties. A divorce by mutual agreement registered at a Japanese ward office may not meet the tests Indian courts apply, so an Indian decree is sometimes needed as well.
Can an Indian living in Japan sell property in India without travelling?
Yes, through a power of attorney notarised in Japan and apostilled by the Ministry, or attested at the Embassy or Consulate, and then stamped in India.
Do you work with Japanese language documents?
We work in English and arrange certified translation of Japanese documents where Indian authorities need them. Contracts are usually drafted in English, with a Japanese convenience translation if your team wants one.