Key Summary
- Member StatesIndia is a country that joined the Apostille Convention in 2005, so when Korean documents are submitted to India, they are processed through Apostille rather than embassy authentication.
- Target documentsApostille is required for contracts, power of attorney, corporate documents, etc. during export contracts, local corporation/branch establishment, and product registration processes.
- Translation/UpdateWhen translation is required, authentication is often required for both the original and translated notarized documents, and the renewal cycle of power of attorney, etc. must be managed.
There are frequently asked questions. “I am trying to enter India, but they ask me to get an Apostille on my documents. Will Apostille be accepted in India as well?”
Yes. India is a signatory to the Apostille Convention. Therefore, when submitting Korean documents to India, they are processed through a one-step Apostille from the Ministry of Foreign Affairs without embassy authentication. India is a country with a large market and increasing entry into the manufacturing industry, with steady demand for export and investment-related documents.
In this article, we will summarize situations in which an Apostille is required for exports and investments to India, which documents are eligible, and precautions to take when processing it. This will be helpful for companies preparing to do business with or expand into India.
India is a signatory to the Apostille Convention
There is something to check first. India joined the Apostille Convention in 2005. So, when submitting documents issued or written in Korea to India, you only need to get an Apostille from the Ministry of Foreign Affairs. There is no need to obtain separate authentication from the Indian Embassy in Korea.
Because India is geographically distant and the process seems complicated, it is easy to think that you need to get embassy authentication, but since it is a signatory to the convention, it only requires one step of Apostille. The procedure is simpler than in non-member countries.
Situation where Apostille is required for export to India
Let’s look at which aspects of exports to India require an Apostille. It arises from the relationship with the local importer or registration agency.
When a Korean company exports products to India, the Indian side requires an export contract or a sales authorization letter. For these documents to have legal effect in India, Apostille certification is required. Also, if the product needs to be registered in India, documents with an Apostille are required at the registration stage.
There is a distinction here. In many cases, an Apostille is not required for intra-corporate transactions within the same company, for example, when the Korean headquarters sends products to its corporation in India. Certification becomes necessary when dealing with different external companies, i.e. Korean exporters and Indian importers. Checking which side my transaction is on will help you determine if you need an Apostille.
India investment and corporation establishment documents
Manufacturing investment is active in India, so local corporations or branches are often established. During this process, several documents require an Apostille.
If the Korean headquarters wants to establish a corporation in India, a copy of the corporate register, articles of incorporation containing company regulations, and business registration certificate are required to prove that the headquarters is a properly registered corporation. Additionally, a power of attorney is required for establishing a local corporation or appointing a representative. These documents must be Apostille certified to be accepted by the Indian registration authority.
The procedures for corporate documents vary depending on the type. Official documents, such as a copy of a register, can receive an Apostille right away, but private documents, such as articles of incorporation or power of attorney, often need to be notarized first. Since multiple documents must be processed simultaneously, it is easier to organize the procedures for each document in advance.
Be sure to check translation certification
One thing to watch out for in Indian documents is translation certification. Although English is the official language in India, translation or additional certification may be required depending on the submission destination.
When submitting a translation, an apostille is often required for both the original and the notarized translation. This is because, in principle, Apostille is a procedure to confirm the authenticity of the original document. There are cases where only the translation is certified and then rejected because the Indian receiving agency cannot verify the authenticity of the original, so it is recommended to check the submission requirements in advance.
Also check the document renewal cycle
In export transactions, including in India, documents such as power of attorney sometimes have renewal cycles. A power of attorney for sales may need to be reissued and certified at regular intervals in accordance with local laws, so processing it once is not the end.
If you are a company that continues to do business with your clients, it is recommended to manage the renewal timing for each document. This is because if you miss the renewal date, local transactions may be disrupted.
Frequently Asked Questions
Q. Does India need embassy authentication?
No. India joined the Apostille Convention in 2005 and processes Apostilles through the Ministry of Foreign Affairs. Certification from the Indian Embassy in Korea is not required.
Q. Which documents require an Apostille when exporting to India?
Apostille is often required for export contracts with local importers, sales authorization letters, and product registration documents. Just check the documents required by the importer or local registration agency.
Q. What documents are required to establish an Indian corporation?
A certified copy of the corporate register, articles of incorporation, business registration certificate, and power of attorney for establishment are mainly required. A copy of the register can be apostilled right away, but the articles of incorporation and power of attorney often need to be notarized first.
Q. India uses English. Is translation necessary?
English is the official language, but translation or additional certification may be required depending on the submission source. When submitting a translation, authentication is often required for both the original and the notarized translation document, so it is recommended to check the requirements for the submission destination.
Q. Is an Apostille required when sending to my company’s Indian subsidiary?
Transactions between internal corporations of the same company often do not require an Apostille. Certification is required when dealing with different external companies, i.e. Korean exporters and Indian importers.
Conclusion
Indian export and investment Apostille is required to recognize contracts, power of attorney, and corporate documents during transactions with local importers, establishment of corporations, and product registration. Since India is a signatory to the convention, the process itself is simple with one step of Apostille, but notarization is different for each document, and failing to authenticate the original and translated copy may lead to rejection.
Nanum Global handles the submission requirements from translation to notarization and apostille of contracts, power of attorney, and corporate documents required for export and investment to India. We help you proceed without rejection by checking in advance which documents require authentication and what the procedures are for each document. If you are concerned about delivery documents, please let us know the transaction type and type of documents. We will guide you through the necessary certifications and procedures. If you are a company with recurring transactions, we can also provide you with renewal management.
Leave the Indian export and investment apostille to Nanum Global
If you tell us the transaction type and document type, we will guide you through the necessary certification and procedures.
