Technically, if a Natural Person comes to request registration to be a representative of a Legal Person based on company statutes, for example, we register them. Would it be necessary to provide some legal documentation to cancel the representation, or is it enough for one of the parties to cancel?
First of all, we distinguish representation (the ability to act on behalf of a third party, art.5 Law 39/2015) from registration in the REA (a means of accrediting the representation, art.6 Law 39/2015).
Any power of attorney registered in Representa is canceled through resignation, revocation or expiration, as it refers to the registration regardless of whether the registration was with or without validation.
In other words, canceling a registration in Representa does not necessarily affect the ability to act on behalf of a third party if, for example, valid powers of attorney are attached or a representative certificate is used when carrying out the procedure.
Likewise, for example, in the case of notarial powers, if you want to modify the content of a deed, you will need to attend a notary, it will not be done through Representa.
In the event that a representative makes a request, by virtue of a revoked representation previously registered based on the validation of legal documentation, and does not accredit this representation (or not sufficiently) the Public Administration should require the amendment, not reject the procedure (art.5 Law 39/2015, section 3 in relation to section 6).
Therefore, the request to cancel a representation that went through the status "pending validation" given that it is based on a document that endorses it, does not need to be validated, it is enough with the will to one of the parties to cancel this registration.
Without prejudice to the fact that it is not legally foreseen, the purpose of the validation is to check the capacity to act on behalf of another (that it really is a type A power of attorney, if there is any limitation due to the amount, etc.) , in the case of terminations, either by resignation or revocation, what prevails is the will of the person making the request.
