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What is a Representative before the CNMC and what functions does he/she perform?

Legal and tax representatio in Spain

What is the representative before the CNMC?

The representative before the CNMC is a person who carries out the necessary procedures before the commission to obtain an authorization or registration of a company.

Overseas companies may find it difficult to find a person who wants to represent them. That is why LEAILTA offers the service of acting as a representative before the CNMC. By delegating to a specialist all the process of registration or authorization, you will avoid problems such as not getting the authorization you need, not responding to notifications in time or receiving a fine or penalty.

For example, telecommunications operators, due to the General Telecommunications Law, must notify the start of the activity to the Registry of Operators, which depends on the CNMC. A legal representative before the CNMC must be designated in the notification.

What steps must be taken in order to appoint a representative before the CNMC?

If you need an authorization from the CNMC, you will have to appoint a representative before the CNMC in order to establish your company in Spain.Therefore, you will have to follow these steps:

  1. If your company does not have a Spanish NIF, you will have to follow the necessary procedures in order to obtain one.
  2. Next, the company’s digital certificate will have to be obtained. This procedure can be carried out online through the website of the National Coinage and Stamp Factory (FNMT). The steps to follow are:
    1. Internet Explorer or Mozilla Firefox must be used.
    2. The following data must be filled in the form: NIE of the entity, e-mail address and password length.
    3. The identity will have to be accredited. With the code you receive, you must go to the offices of the Tax Agency or the CNMV and prove your identity.
    4. Download the certificate. Once the identity is accredited (it usually takes approximately two days) you will receive an email with the invoice and the request code, and from that moment on you will be able to download the digital certificate.
    5. Finally, you will be able to make a backup copy of the certificate to keep it somewhere else.
  3. Afterwards, the Power of Attorney is drafted in which the legal representative of the company before the CNMC is appointed. The power of attorney must include:
    • Information on the company and its representative (company name, NIF, address, and so on).
    • The personal information of the person who will act as a representative before the CNMC (Name, surname, Tax ID number, address in Spain, etc.).
    • Powers granted to the representative so that he/she can perform his/her functions before the CNMC: appear before public entities, request registrations, receive or make communications, etc.
  4. The representative will sign a responsible statement on your company.
  5. All necessary documents will be submitted to the CNMC.
  6. Finally, a resolution will be obtained from the CNMC confirming that everything is correct.

Advantages of hiring LEIALTA as your representative before the CNMC

Finding a person who wants to perform the functions of a representative before the CNMC is not easy since it involves the assumption of a number of responsibilities. That’s why in Leialta we offer this service for you to enjoy all the advantages, like the following:

  • You will not have any issue when it comes to registering your company with the CNMC or requesting an authorization from them.
  • You will have at your disposal a specialized team that will carry out all the formalities and that has wide experience representing companies before the CNMC.
  • You will be unconcerned because you will have left all the paperwork in the hands of professionals, and therefore you will be able to focus on your business.
  • You will not be fined or penalized for failing to correctly complete the procedures before the CNMC, and you will comply with all the requirements established by the applicable regulations.
  • You will be able to know at all times the status of your file being processed and to ask any questions you may have.

 

As you have seen, appointing a representative before the CNMC is very simple, but necessary in certain cases since it is required by law. Having a legal advisor in Spain that provides the service of representation before the CNMC is an added value for your company that will soon start its activity in the Spanish market.

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