A Swiss company can set up an Indian subsidiary without travelling. The Swiss board passes resolutions, the commercial register extract and resolutions are notarised and apostilled by the cantonal State Chancellery, and nominee directors obtain digital signatures. We reserve the name, file incorporation with the Registrar of Companies, open the bank account and complete the RBI filing for the share subscription. One director must be resident in India, so plan an Indian director or local manager early.
- Document route
- Swiss notary, then apostille from the cantonal State Chancellery
- Time difference
- India is 3h30 (summer) to 4h30 (winter) ahead
- Vehicle
- Private limited company
- Approval
- Automatic route in most sectors
Indian Subsidiary Setup from Switzerland: how it works
We begin with structure: whether the subsidiary will manufacture, sell, provide services to the Swiss parent, or run research. That affects the object clause, transfer pricing and GST registration. The Swiss parent and a second shareholder, often a Swiss affiliate, subscribe to shares. Board resolutions authorising the investment and naming the authorised signatory are signed in Switzerland, notarised and apostilled with the commercial register extract. Directors' passports and Swiss address proof are also apostilled. If documents are in German or French we attach certified English translations.
In India we file the SPICe+ incorporation forms, which also cover PAN, TAN and GST application. After incorporation, the share capital is remitted from Switzerland to the company's Indian bank account, and the company reports it to the RBI through the FIRMS portal within thirty days of issuing shares. Watch the resident director rule, the requirement to appoint an auditor within thirty days, and annual filings. Transfer pricing between the Swiss parent and the subsidiary must be documented from the first year.
What clients in Switzerland should know
- Dividends from the subsidiary to Switzerland are taxed in India at the rate available under the India Switzerland tax treaty as it currently stands, after Switzerland's suspension of the most favoured nation clause.
- Swiss groups often place the Indian subsidiary under a Swiss holding company; that works, but any intermediate holding in a land-border country would bring Press Note 3 approval into play.
- Swiss employees seconded to India may benefit from the India Switzerland social security agreement, which avoids double contributions for a limited period.
Step by step from Switzerland
Video consultation
A call at a time that suits Switzerland, after we have read your documents.
Documents signed in Switzerland
Swiss notary, then apostille from the cantonal State Chancellery
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Switzerland where needed.
The full guide
This page covers what changes when you are in Switzerland. For the law, the documents and the step-by-step procedure, read our main page on Indian Subsidiary Setup, or see all services for clients in Switzerland and the Doing Business in India practice area.
Questions from clients in Switzerland
How long does incorporation take for a Swiss parent?
Once apostilled documents are in hand, incorporation usually takes two to four weeks, followed by bank account opening.
Can a Swiss resident be the only director?
No. An Indian company needs at least two directors, and one must have stayed in India for at least 182 days in the previous calendar year.
Is a liaison office a better first step?
A liaison office cannot earn income in India. If you plan to sell or invoice locally, a subsidiary is usually the better choice.