Swiss companies and Swiss-resident Indians can get Indian legal work done entirely from Switzerland. Corporate documents and personal powers of attorney are signed before a Swiss notary and apostilled by the cantonal State Chancellery, then stamped in India. Our team in Mohali incorporates companies, files trademarks, handles FEMA reporting and appears before Indian authorities. Video calls fit easily into the Swiss working day, because India is only three and a half to four and a half hours ahead.
- Document route
- Swiss notary, then apostille from the cantonal State Chancellery
- Time difference
- India is 3h30 (summer) to 4h30 (winter) ahead
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- In force
Swiss business in India and Indians in Switzerland
Switzerland has been investing in India for decades, and the relationship took a new shape when the Trade and Economic Partnership Agreement between India and the EFTA states (Switzerland, Liechtenstein, Norway and Iceland) entered into force in October 2025. The agreement reduces tariffs and records an EFTA aim to raise investment in India substantially over fifteen years. For Swiss companies it has revived interest in Indian subsidiaries, manufacturing and research centres.
On the personal side, Indians in Switzerland include scientists in Basel's life sciences industry, bankers and engineers in Zurich, and staff of international organisations in Geneva. Typical needs are an Indian will that works alongside Swiss inheritance rules, rent and capital gains in India, and family property. Companies most often ask us about setting up an Indian subsidiary, protecting brands, and dispute resolution clauses that will hold up in Indian courts.
How Swiss documents are signed and legalised for India
Switzerland and India are both parties to the Hague Apostille Convention and it applies between them. Notaries in Switzerland are regulated by each canton, and the apostille is issued by the State Chancellery (Staatskanzlei or Chancellerie d'Etat) of the canton where the notary is based. Documents issued by federal authorities, such as federal extracts, are apostilled by the Federal Chancellery in Bern.
For companies, the usual set is a board resolution, a commercial register extract (Handelsregisterauszug) and powers of attorney for the persons signing incorporation forms in India. Each is notarised and apostilled in Switzerland. If a document is in German, French or Italian, a certified English translation should be attached before apostille or certified separately, because Indian authorities such as the Registrar of Companies work in English. Original documents must reach India in time for stamping within three months.
Most requested services from Switzerland
Requests from Switzerland are dominated by corporate work, with personal estate and tax questions close behind. These six services account for most of what Swiss companies and Swiss-resident Indians ask us to handle.
Indian Subsidiary Setup
Swiss manufacturers and life sciences groups usually enter India through a wholly owned private limited company under the automatic route.
International Arbitration
Swiss parties prefer arbitration seated in Geneva or Zurich, and awards then need recognition and enforcement in India.
Trademark Protection in India
Swiss brands in watches, food, pharmaceuticals and machinery face copycat filings in India unless registered early.
FDI & FEMA Compliance
Every Swiss equity investment and transfer of shares in an Indian company triggers RBI reporting under FEMA.
Wills & Probate
Swiss-resident Indians need an Indian will for Indian assets that sits alongside their Swiss estate plan.
NRI Income Tax & DTAA
Indians living in Switzerland often still have Indian rent, interest or capital gains that must be returned in India.
Tax treaty, FEMA and money flows
India and Switzerland have a double taxation avoidance agreement, amended by a protocol that also covers exchange of information. In December 2024 Switzerland suspended the most favoured nation clause in the protocol, with effect from January 2025, which affects the withholding rate on dividends paid between the two countries. Swiss groups should model dividend repatriation from India on the treaty rate as it now stands, and claim it with a Swiss tax residence certificate and Form 10F.
Swiss investment into India generally falls under the automatic route of the FDI policy, apart from sectors with caps or approval requirements. Every equity inflow must be reported to the RBI through the FIRMS portal, and annual returns follow. Individuals send savings to Switzerland from NRO accounts up to USD 1 million per financial year after Form 15CA and 15CB. Our page on FDI and FEMA compliance sets out the filings.
Inheritance rules, judgments and arbitration
Swiss inheritance law changed on 1 January 2023, reducing the compulsory shares reserved for heirs. Indian immovable property, however, is governed by Indian succession law, so an Indian-born resident of Switzerland often benefits from a separate Indian will. Swiss private international law also lets foreign nationals choose their national law for their estate in some cases. The two wills must be drafted together so that one does not revoke the other.
Switzerland is not a reciprocating territory under section 44A of the Code of Civil Procedure. A Swiss court judgment cannot be executed in India directly; it must be sued upon. Arbitration is different: Switzerland is a New York Convention state, and awards made in Geneva or Zurich are enforced in India under Part II of the Arbitration and Conciliation Act 1996, subject to the limited public policy grounds. For that reason most Swiss-Indian contracts choose international arbitration rather than courts.
Working with us from Switzerland
A Swiss morning is early afternoon in Mohali, so most calls take place between 8 am and noon Swiss time. We work in English and can review documents drafted in German or French with the help of certified translations. Corporate clients usually want a single coordinator, a written timeline and fixed fees for defined stages, which is how we structure engagements.
Courier from Zurich or Geneva to North India usually takes three to six working days. For urgent matters we prepare drafts in parallel while originals are in transit. Where Indian courts or tribunals need a witness, evidence by video conference is common, and we arrange it from a suitable location in Switzerland where the tribunal permits. Individuals with Swiss citizenship should keep their OCI card up to date, as Indian immigration checks it against the current passport.
All services for clients in Switzerland
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 Switzerland
Consular services for Indians and OCI applicants in Switzerland are handled by the embassy in Bern.
- Embassy of India, Bern
Frequently asked questions
Is a Swiss apostille accepted in India?
Yes. The apostille is in force between Switzerland and India. A document notarised in a Swiss canton and apostilled by that canton's State Chancellery needs no further attestation by the Indian embassy, though it must still be stamped in India.
Can a Swiss company own 100 percent of an Indian company?
In most sectors, yes, under the automatic route. Sectors such as insurance, defence and some media have caps or need government approval. An Indian company also needs at least two shareholders and one director resident in India.
Does the India EFTA agreement change how we invest?
The agreement reduces tariffs and supports investment, but FDI rules, Companies Act requirements and FEMA reporting still apply in the usual way. It does not create a new investment route.
Will a Swiss court judgment be enforced in India?
Not directly. Switzerland is not a reciprocating territory, so you must file a fresh suit in India and rely on the judgment, which the Indian court tests under section 13 of the Code of Civil Procedure. Arbitration awards are easier to enforce.
Can my Swiss will cover my flat in Bengaluru?
A Swiss will can, in theory, be relied on in India, but it must usually be probated or proved here and Indian courts and registrars are more comfortable with an Indian will. A separate Indian will for Indian assets is the cleaner route.
Do I need to file an Indian tax return while living in Switzerland?
If your Indian income exceeds the basic exemption limit, or tax was deducted and you want a refund, yes. Treaty relief needs a Swiss tax residence certificate and Form 10F.
How do Swiss directors sign Indian incorporation documents?
They obtain digital signature certificates and director identification numbers using apostilled passport and address documents. The forms are then signed electronically, so travel is not needed.
What language should our India contracts be in?
English. Indian courts and arbitral tribunals work in English, and a German or French contract will need certified translation in any dispute. A bilingual contract should state which version prevails.