The administrative procedure regulations allow the actions of the interessats is carried out through a representant, condition that can be proven by any means vàlid in law that leaves reliable evidence of its existence (article 5 of Law 39/2015, of October 1).
Among others, two of these means are i) the accreditation of the registration of the representation to an electronic registry of powers of attorney (such as REPRESENTA) and, ii) the qualified electronic certificate of representant (article 32 of Royal Decree 203/2021, of March 30).
In practice, especially when the interessats are legal entities (and therefore, subjects obligated to the electronic relationship), it is common to use certificates representant.
In this case, doubts may arise about the need, or not, to register the representation contained in the electronic certificate to REPRESENTA.
It should be noted that the qualified electronic certificate of representant is issued in compliance with the regulations governing trust services, which require verification of the relationship of representation (Regulation 910/2014 (ReIDAS) and Law 6/2020, of November 11).
Therefore, since these certificates already accredit, by themselves, the relationship of representation existing between two people, no need to register representations to REPRESENTA, since the representants can now act electronically ** on behalf of their representat.
In this sense, the platform Representa, on the citizenship portal, has blocked the registration of the representation that appears on the certificate. Therefore, when attempting to register the representation contained in a certificate of representant, that is, when attempting to register that the natural person listed on the certificate representa to the legal entity listed therein, the platform returns a notice: It is not possible to register this combination of NIFs.
The same thing happens in reverse, when you try to register that the legal entity that appears on the certificate representa to the natural person listed therein, given that it is a representation that does not apply.
