The rules of administrative procedure allow the action of the interested parties to be carried out by means of a representative, a condition that can be proven by any legally valid means that leaves reliable evidence of its existence (article 5 of Law 39 / 2015, October 1).
Among others, two of these means are i) the accreditation of the registration of the representation in an electronic register of powers of attorney (such as REPRESENTS) and, ii) the electronic certificate qualified as representative (article 32 of Royal Decree 203/2021, of 30 March).
In practice, especially when the interested parties are legal entities (and therefore subject to electronic reporting), the use of representative certificates is common.
In this case, doubts may arise about the need, or not, to register the representation contained in the electronic certificate in REPRESENT.
It should be borne in mind that the electronic certificate qualified as a representative is issued in compliance with the regulations governing trust services, which requires 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 existing relationship of representation between two people, it is not necessary to register the representations in REPRESENTA, as representatives can now act electronically ** on behalf of their representative.
In this regard, the Representa platform, in the citizenship portal, has blocked the registration of the representation contained in the certificate. So, when you try to register the representation contained in a certificate of representative, that is to say, when you try to register that the natural person contained in the certificate represents the legal entity contained in it, the platform returns a warning : It is not possible to register this combination of NIFs.
The same is true in reverse, when you try to register that the legal entity that appears on the certificate represents the natural person that appears on it, since it is a representation that does not apply.
