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

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.

Leialta website: https://www.leialta.com/en/  

Blog for doing business in Spain: https://www.leialta.com/en/blog-for-doing-business-in-spain/

Linkedin: https://www.linkedin.com/company/leialta-s-l-/mycompany/