Someone in Denmark gets Indian legal work done by signing documents before a notary in Denmark, which in practice means the notarial office of the local district court, and then obtaining an apostille from the Danish Ministry of Foreign Affairs. The apostilled original is couriered to India, stamped within three months of arrival and used by an attorney holder or by us. Company filings, contracts and GST registrations run online, with calls arranged in Danish working hours.
- Document route
- District court notary, then Danish MFA apostille
- Time difference
- IST is 3.5 to 4.5 hours ahead
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- In force
Who needs Indian legal help in Denmark
The Indian community in Denmark is young and professional. Many people moved for engineering, software, research and life sciences roles around Copenhagen, Aarhus and Odense, and a large number arrived as students. Their Indian legal needs are typical of a first-generation group: a flat bought in India before moving, a parent's property to sell or inherit, a power of attorney for a sibling, and income tax questions once they stop being Indian residents.
The business traffic runs the other way. Danish companies in shipping and logistics, wind and renewable energy, engineering, food technology and pharmaceuticals have long worked in India, and the Green Strategic Partnership the two governments announced in 2020 encouraged more of that. A Danish business usually starts with a distributor or a services contract, then incorporates a private limited company once it hires staff. Software and digital service providers selling to Indian customers also run into Indian GST earlier than they expect.
The six services we are asked for most from Denmark are listed further down this page. The legal frameworks are the same for every country, but signing, legalisation, tax relief and recognition of Danish decisions each have a Danish angle, which is what this page covers.
Signing and legalising documents in Denmark
Denmark is a party to the Hague Apostille Convention, and the apostille relationship between India and Denmark is in force. An apostille issued by the Danish Ministry of Foreign Affairs (Udenrigsministeriet) is therefore enough for a Danish public document to be used in India, and an apostille issued by India's Ministry of External Affairs works the other way.
The Danish system has one feature that surprises people. There is no private notary profession of the kind found in Southern Europe. Notarial acts, such as witnessing a signature on a power of attorney or certifying a copy, are performed by the notarial office of the district court (byretten). You book an appointment, sign in person with your passport, and the notary certifies the signature. The document then goes to the Ministry for the apostille.
| Document | Step in Denmark | Step in India |
|---|---|---|
| Power of attorney, affidavit, consent deed | Sign before the district court notary, then apostille | Stamp duty within three months of receipt; register if required |
| Danish company extract or board resolution | Certified extract or notarised resolution, then apostille | Filed with the Registrar of Companies or a bank |
| Danish civil status certificate | Issued by the competent Danish authority, then apostille | Translation into English if not already in English |
Denmark is a highly digital country, and most Danish documents are signed electronically with MitID. Indian sub-registrars, banks and courts will still want a wet-ink original for a power of attorney or a deed affecting property, so plan for a paper signature even if every Danish step you take is online. Danish-language documents need an English translation for use in India. For the wider picture, see our page on apostille and attestation.
Most requested services from Denmark
Requests from Denmark lean towards business: Danish firms incorporating in India, selling digital services to Indian customers and negotiating supply or distribution contracts. Indian professionals in Denmark mostly need powers of attorney, wills covering Indian property, and help with tax on selling a flat back home.
Company Setup for Foreigners
Danish founders and companies usually want a private limited company once they hire in India.
GST for Foreign Businesses
Danish software and online service providers selling to Indian customers can become liable to register for GST.
Commercial Contracts
Supply, distribution and services contracts with Indian partners need Indian-law drafting and a workable dispute clause.
Power of Attorney
A power of attorney signed at a Danish district court lets a relative or lawyer act for you in India.
Wills & Probate
An Indian will keeps Indian property out of a Danish estate process and spares your heirs a succession dispute.
TDS on Property Sale
NRIs in Denmark selling a flat in India face withholding tax that can be reduced with a certificate.
Tax treaty and money moving between Denmark and India
India and Denmark have a double taxation avoidance agreement. It decides which country may tax interest, dividends, royalties, fees for technical services, business profits and capital gains, and it allows the country of residence to give relief for tax paid in the other. To claim treaty benefits in India you need a tax residency certificate from the Danish Tax Agency (Skattestyrelsen) and a Form 10F filed on the Indian income tax portal.
For individuals the usual flows are rent from an Indian flat, interest on NRO deposits and the proceeds of selling property. When an NRI in Denmark sells Indian property, the Indian buyer must deduct tax at source on the capital gain, often at a higher figure than the final liability, so a lower deduction certificate is worth considering; see TDS on property sale. Sale proceeds and other NRO balances can be moved abroad up to USD 1 million per financial year with Forms 15CA and 15CB.
For companies, the treaty matters when a Danish parent charges its Indian subsidiary for management services, licenses technology or receives dividends. Withholding rates, permanent establishment risk and transfer pricing all need to be planned before the first invoice. Denmark taxes its residents on worldwide income, so Danish advice on how Indian income is reported is needed alongside ours.
Family law and Danish decisions in India
Denmark is not a reciprocating territory under section 44A of the Code of Civil Procedure. A Danish money judgment cannot be executed directly in India; the creditor files a fresh suit on the judgment, and the Indian court applies the conditions in section 13 CPC, such as jurisdiction, natural justice and a decision on the merits.
Family matters need extra care. Many Danish divorces are granted administratively by the Agency of Family Law (Familieretshuset) rather than by a court. Indian courts test foreign divorces by the principles in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991): the ground should be one available under the law the parties married under, and the respondent should have submitted to the forum or consented. A decree based on mutual consent is easier to rely on in India than a contested one, but an Indian registrar or bank may still question a Danish administrative decision. Where a spouse needs a decision that will be accepted in India without argument, a mutual consent petition in India can be the safer route.
Denmark has an opt-out from EU cooperation in justice and home affairs, so some EU family law regulations do not bind it, and India is not a party to the Hague Child Abduction Convention. Cross-border custody disputes between Denmark and India are therefore decided on the welfare of the child by the courts of each country, not by a treaty return mechanism.
Practical points for clients in Denmark
India is three and a half hours ahead of Denmark during Danish summer time and four and a half hours ahead in winter. A call at 9:00 in Copenhagen is early afternoon in Mohali, which leaves most of the Danish working day overlapping with Indian office hours. We schedule calls accordingly and send written updates by email or WhatsApp.
Indian courts allow parties and witnesses abroad to join hearings and give evidence by video link under the High Court video conferencing rules, so travel is rarely needed for a hearing. It is still needed for a few acts, such as biometric registration of a document in some states, unless an attorney holder can act for you. Originals usually take three to six working days by international courier from Denmark to Punjab. Keep scans of everything you send and the apostille reference number.
ProudLegal works from Mohali, India, and has no office in Denmark. When a matter needs Danish law advice, for example on Danish inheritance tax or a Danish employment contract, we work with your Danish adviser.
All services for clients in Denmark
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 mission in Denmark
Consular services for Denmark, including passport, OCI and attestation services, are provided by the Embassy in Copenhagen.
- Embassy of India, Copenhagen
Frequently asked questions
Do I need a lawyer in Denmark to sign a power of attorney for India?
No. You need a notarial certification of your signature, which in Denmark is provided by the notarial office of the district court, and then an apostille from the Danish Ministry of Foreign Affairs. We draft the document in India so that it meets Indian stamp and registration requirements, and you take it to the notary.
Is an apostille from Denmark accepted in India?
Yes. Both countries are parties to the Hague Apostille Convention and the convention is in force between them. Indian courts, registrars and banks should accept a Danish apostille without further consular attestation, although some offices still ask questions, in which case we deal with them.
Can a Danish court judgment be enforced in India?
Not directly. Denmark is not a reciprocating territory under section 44A CPC, so the judgment is used as the basis of a fresh suit in India. If the Danish decision meets section 13 CPC, the Indian suit can be relatively short, but it is still a full suit.
Will India recognise a divorce granted by Familieretshuset?
It may, but it is not guaranteed. Indian law tests foreign divorces by the Narasimha Rao principles, and an administrative decision is more likely to be questioned than a court decree. We review the decision, the grounds and how both spouses took part before advising whether a separate Indian decree is wise.
Does India have a tax treaty with Denmark?
Yes. The India-Denmark double taxation avoidance agreement applies to Danish residents with Indian income. Relief is claimed with a Danish tax residency certificate and Form 10F, and the treaty rate is applied when tax is withheld in India or when you file an Indian return.
Can a Danish company own 100 per cent of an Indian company?
In most sectors, yes, under the automatic route of India's FDI policy. Some sectors have caps or need government approval, and reporting to the Reserve Bank of India through the FIRMS portal is required after shares are issued.
Can I attend an Indian court hearing from Copenhagen?
Usually, yes. Indian courts permit appearance and evidence by video conferencing under their rules, and the time difference with Denmark is small enough that morning hearings in India fall within the Danish early morning or working day. The court decides each request, and a few steps may still need personal presence.
How do I send original documents from Denmark to India?
Use an international courier with tracking and keep a full scanned set before sending. Powers of attorney need to be stamped within three months of arriving in India, so tell us when you post them and we will arrange stamping promptly.