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 a reliable record 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.
