The rules of administrative procedure allow the action of the interested parties to be carried out through a representative, a condition that can be proven by any valid legal 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 the Royal Decree 203 / 2021, March 30).
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 REPRESENTA.
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.
When attempting to enter the representation contained in a certificate of representative, that is, when attempting to register that the natural person listed on the certificate represents the legal entity listed therein, the platform returns a warning: It is not it is possible to register this combination of NIFs.
This is because, as indicated in the previous section of this FAQ, the certificate of representation already accredits the relationship of representation between these two people, therefore, it is not necessary to register this representation in the REPRESENTATIVE.
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.