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Company RegistrationThailand

Register Your Thai Company in India

A comprehensive guide for Thai businesses incorporating a subsidiary, branch office, or joint venture in India — covering MCA registration, FEMA compliance, ASEAN-India FTA benefits, and the India-Thailand DTAA.

10 min readBy Ayushi ChauhanReviewed by Priyanka KhuranaUpdated August 2026
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DTAA Rate

10% on dividends, 10% on interest, 10% on royalties

Bilateral Agreement

India-Thailand DTAA since 1985; ASEAN-India FTA since 2010; India-Thailand Strategic Partnership since 2025

Doc Authentication

Embassy attestation

Timeline

3-5 weeks

Quick answer: Thai companies typically register a Wholly Owned Subsidiary (Private Limited Company) in India in 3-5 weeks, with professional fees ranging from INR 30,000 to 80,000. Because Thailand has not yet joined the Hague Apostille Convention, Thai corporate documents require embassy attestation through the Indian Embassy in Bangkok rather than the faster apostille process. Under the India-Thailand DTAA, dividends, interest, and royalties are withheld at 10%; the treaty has no separate Fees for Technical Services article, so FTS is taxed under India's domestic 20% rate (or as business profits if attributable to a PE).

Key takeaways:

  • Registration timeline: 3-5 weeks, including embassy attestation of Thai documents.
  • Professional fees for a CA/CS firm range from INR 30,000 to 80,000.
  • Thailand isn't yet a Hague Apostille member; documents need embassy attestation, not apostille.
  • DTAA withholding tax: 10% on dividends, interest, and royalties; the treaty has no separate FTS article, so FTS falls to India's 20% domestic rate.
  • At least one director must be an Indian resident with 182+ days of stay.

Company Registration for Thai Companies in India

India and Thailand have shared deep cultural and economic ties for centuries, and their modern commercial relationship has expanded significantly under the ASEAN-India framework. Bilateral trade between India and Thailand exceeded USD 15 billion in 2024-25, and in April 2025, the two countries elevated their relationship to a Strategic Partnership, pledging to realize the full potential of economic cooperation across trade, investment, defence, and digital connectivity.

Thai conglomerates — including Charoen Pokphand (CP Group), Siam Cement Group (SCG), PTT Global Chemical, Thai Union Group, and Bangkok Bank — have already established operations in India across sectors ranging from food processing and petrochemicals to construction materials and financial services. With India's market of 1.4 billion consumers and rapidly growing middle class, more Thai businesses are looking to set up subsidiaries in India.

To establish operations in India, a Thai company must register a legal entity with India's Ministry of Corporate Affairs (MCA). The most common structure chosen by Thai businesses is a Wholly Owned Subsidiary (WOS) registered as a Private Limited Company, which gives the Thai parent full control while limiting liability to the Indian entity's assets.

Other options include a Branch Office for conducting business activities without a separate legal entity, a Liaison Office for market research and promotional activities, or a Joint Venture with an Indian partner. Thai companies in the food, automotive, and chemicals sectors often prefer a WOS structure to maintain complete control over manufacturing processes and quality standards.

How Thailand's DTAA Affects Company Registration

The India-Thailand Double Taxation Avoidance Agreement (DTAA), signed in 1985, plays a key role in reducing the tax burden on cross-border transactions between the two countries. Understanding this treaty is essential before deciding on the structure and capitalization of your Indian entity.

Under the India-Thailand DTAA, the withholding tax rates on passive income are capped as follows:

  • Dividends: 10% withholding on the gross amount (Article 10)
  • Interest: 10% withholding on the gross amount (Article 11)
  • Royalties: 10% withholding (Article 12). Note: the India-Thailand DTAA has no separate Fees for Technical Services article — FTS payments are taxed as business profits under Article 7 (if attributable to an Indian permanent establishment) or, absent a PE, under India's domestic law (20% under section 115A, effective April 1, 2023)
  • Permanent Establishment (PE): A subsidiary does not create a PE for the Thai parent, but a branch office or dependent agent may trigger PE status — proper structuring is critical

These reduced rates represent significant savings compared to India's domestic withholding tax rates of 20% on royalties and FTS. When your Indian subsidiary remits dividends to Thailand or pays royalties for technology or brand licensing from the Thai parent, the treaty-reduced rates apply provided the Thai company obtains a valid Tax Residency Certificate (TRC) from the Thai Revenue Department.

The ASEAN-India Trade in Goods Agreement (AITIGA), currently under review for enhancement in 2025, provides additional benefits including reduced tariff rates on goods traded between India and Thailand. For detailed treaty analysis, see our guide on India-Thailand DTAA.

Document Requirements from Thailand

Thailand is not yet a full member of the Hague Apostille Convention, although the Thai government approved its accession in December 2025 with implementation expected in the coming years. Until Thailand formally becomes a party, Thai documents intended for use in India must undergo the embassy attestation (consular legalization) process. Documents are first notarized in Thailand, then authenticated by the Thai Ministry of Foreign Affairs, and finally attested by the Indian Embassy in Bangkok. For a detailed comparison of these methods, see our guide on Apostille vs. Embassy Attestation.

The following documents are required from the Thai parent company and its proposed directors:

From the Thai Parent Company

  • Certificate of Incorporation or Department of Business Development (DBD) company extract — notarized and embassy-attested
  • Board Resolution authorizing investment in India — notarized and embassy-attested
  • Memorandum and Articles of Association (Bor Or Kor 2 and related documents) — notarized and embassy-attested
  • Latest audited financial statements (last 2-3 years)
  • Power of Attorney authorizing an Indian representative — notarized and embassy-attested

From Proposed Directors

  • Valid passport copies (notarized and embassy-attested)
  • Address proof (utility bill or bank statement, not older than 2 months) — notarized and embassy-attested
  • Passport-size photographs
  • PAN application or existing PAN card (for Indian directors)
  • Proof of Indian residency for the Resident Director

Indian-Side Documents

  • Registered office address proof (rental agreement or ownership deed)
  • NOC from the property owner
  • Utility bill for the registered office (not older than 2 months)

Step-by-Step Company Registration Process

Here is the step-by-step process to register a Thai company's subsidiary in India through the MCA portal:

Step 1: Obtain Digital Signature Certificate (DSC)

Every proposed director needs a Digital Signature Certificate (DSC) — a Class 3 DSC is mandatory for electronically signing MCA forms. Thai directors can obtain a DSC by submitting their embassy-attested passport and address proof to an Indian Certifying Authority. This process typically takes 1-2 business days.

Step 2: Apply for Director Identification Number (DIN)

Each director must obtain a Director Identification Number (DIN), a unique lifetime identifier issued by MCA. Thai nationals applying for a DIN must submit embassy-attested identity and address proof.

Step 3: Reserve Company Name via SPICe+ Part A

Name reservation for a new company is done through SPICe+ Part A on the MCA portal (the standalone RUN service is reserved for renaming an already-incorporated company, not for reserving a name for a new one). Up to two name proposals can be submitted, with approval typically taking 2-3 business days. The name must comply with the Companies Act, 2013 naming guidelines.

Step 4: File SPICe+ Form

The SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form is an integrated application that covers incorporation, PAN, TAN, EPFO, ESIC, Professional Tax registration, and bank account opening in a single submission.

Step 5: Draft and Upload MOA and AOA

Prepare the Memorandum of Association (MOA) and Articles of Association (AOA), which define your company's objects, authorized share capital, and governance framework. Upload these alongside the SPICe+ form.

Step 6: Receive Certificate of Incorporation

Upon approval by the Registrar of Companies (RoC), you receive the Certificate of Incorporation along with PAN and TAN. The company is now legally incorporated in India.

Step 7: Post-Incorporation Compliance

After incorporation, complete these critical steps within mandated timelines:

  • Open a company bank account with an authorized dealer bank
  • Receive foreign investment and file Form FC-GPR with the RBI within 30 days of share allotment
  • Apply for GST registration if applicable
  • Register under Shops and Establishment Act in your state
  • File commencement of business declaration (INC-20A) within 180 days

Timeline and Costs for Thai Companies

The typical timeline for a Thai company to register a subsidiary in India is 3-5 weeks, including time for embassy attestation:

StageTimelineApproximate Cost
Document attestation (embassy route)5-10 daysINR 5,000-15,000
DSC for directors1-2 daysINR 1,500-2,500 per director
DIN application2-3 daysINR 500 per director
Name reservation (SPICe+ Part A)2-3 daysINR 1,000
SPICe+ filing and incorporation5-7 daysINR 5,000-15,000 (depending on authorized capital)
PAN, TAN, and GST registration3-5 daysIncluded in SPICe+
Bank account opening3-7 daysVaries by bank
FC-GPR filingWithin 30 days of share allotmentINR 5,000-10,000 (professional fees)

Government fees for incorporation depend on the authorized capital. For an authorized capital of INR 1 lakh, the RoC fees are approximately INR 5,000. Professional fees for a CA/CS firm handling the entire process typically range from INR 30,000 to INR 80,000.

Common Challenges for Thai Companies

Based on our experience assisting Thai companies with India market entry, here are the most common challenges and strategies to address them:

1. Embassy Attestation Process

Since Thailand has not yet fully joined the Hague Apostille Convention, all corporate documents must undergo the embassy attestation route. This involves notarization in Thailand, authentication by the Thai Ministry of Foreign Affairs, and attestation by the Indian Embassy in Bangkok. Allow 5-10 extra business days compared to apostille countries. Once Thailand completes its accession, the process will become significantly faster.

2. Resident Director Requirement

Indian law requires at least one director to have resided in India for a minimum of 182 days in the financial year. Thai companies should either appoint a trusted Indian professional as resident director or ensure a Thai expat already residing in India fulfills this role.

3. FDI Sectoral Caps

While most sectors allow 100% FDI under the Automatic Route, certain sectors have sectoral caps or require government approval. Thai companies in the food processing, automotive, and petrochemical sectors generally benefit from 100% automatic route FDI, but those in defence, insurance, or telecom should verify sector-specific limits.

4. FEMA Compliance

FEMA reporting is strict and time-bound. Missing the 30-day FC-GPR filing deadline or the annual Foreign Liabilities and Assets (FLA) return by July 15 results in compounding penalties. Thai companies should engage a compliance firm from day one to manage these obligations. See our guide on FEMA Reporting via SMF/FIRMS.

5. Transfer Pricing Documentation

Intercompany transactions between the Thai parent and the Indian subsidiary — including management fees, royalty payments, intercompany loans, and goods transfers — must be at arm's length. Maintaining comprehensive transfer pricing documentation from the first year is essential to avoid tax assessments and penalties.

Why Choose Beacon Filing

Beacon Filing has extensive experience helping Thai companies establish and manage operations in India. Our team understands the regulatory framework, ASEAN-India trade dynamics, and the specific challenges Thai businesses face. We provide:

  • End-to-end company registration from DSC to bank account opening
  • Dedicated support for embassy attestation and document preparation
  • FEMA compliance, FC-GPR filing, and annual RBI reporting
  • Ongoing annual compliance management — ROC filings, tax returns, and GST
  • ASEAN-India FTA advisory for tariff optimization

Whether you are a Thai Borisat Chamkat (limited company) setting up a wholly owned subsidiary or entering a joint venture with an Indian partner, Beacon Filing ensures a smooth, compliant market entry from initial planning through to full operational readiness. For more context on the India entry process, see our guide on registering a company in India from Thailand.

Frequently Asked Questions

This article is for general information only and is not legal, tax, or investment advice. Confirm current rules with the relevant authority or a qualified professional — or ask our team. See our full disclaimer.

Need help with Company Registration? Our team handles it for founders abroad.

Foreign Subsidiary Registration in India

Frequently Asked Questions

Frequently Asked Questions

Yes, Thai companies can hold 100% equity in an Indian Private Limited Company (Wholly Owned Subsidiary) in most sectors under India's Automatic Route for FDI. Manufacturing, IT, food processing, chemicals, and most services sectors allow full foreign ownership. Sectors like defence, insurance, and multi-brand retail have specific caps that you should verify before proceeding.
As of 2026, Thailand requires embassy attestation (consular legalization) for documents intended for use in India. Although Thailand's government approved accession to the Hague Apostille Convention in December 2025, full implementation has not yet occurred. Documents must be notarized in Thailand, authenticated by the Thai Ministry of Foreign Affairs, and attested by the Indian Embassy in Bangkok.
The India-Thailand DTAA caps withholding tax on dividends, interest, and royalties at 10% each. This is significantly lower than India's domestic rates of 20% for royalties and fees for technical services, resulting in substantial tax savings when your Indian subsidiary remits profits or pays royalty fees to the Thai parent company.
The ASEAN-India Trade in Goods Agreement (AITIGA) provides reduced or zero tariff rates on thousands of product lines traded between India and Thailand. This is especially beneficial for Thai companies in food processing, automotive parts, and chemicals that import raw materials from Thailand or export finished goods. The agreement is currently being reviewed for further enhancement in 2025.
India does not prescribe a statutory minimum paid-up capital under the Companies Act, 2013 for Private Limited Companies. However, you must have a commercially reasonable authorized capital that reflects your business plans. FDI pricing norms under FEMA apply — shares must be issued at or above fair market value as determined by a SEBI-registered merchant banker or a chartered accountant.
Yes, at least one director must have resided in India for a minimum of 182 days during the financial year. You can appoint a trusted Indian professional, a chartered accountant, or a Thai expat already residing in India. The resident director need not be the managing director or hold a majority stake.
Key ongoing compliances include annual ROC filings (AOC-4 and MGT-7), income tax returns, GST returns (monthly or quarterly), FEMA reporting (FC-GPR within 30 days of share allotment, annual FLA return by July 15), a minimum of 4 board meetings per year, and statutory audit. Failure to comply can result in penalties ranging from INR 50,000 to INR 5 lakh and potential striking off of the company.
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