Electronic signatures are increasingly important in corporate transactions and administrative procedures. In Portugal, the Sistema de Certificação de Atributos Profissionais (SCAP), or Professional Attributes Certification System, enables individuals to certify their professional capacity and authority to act on behalf of a company when using qualified electronic signatures.
The updated framework simplifies the certification process for company representatives, reducing administrative requirements and facilitating the use of electronic signatures in business and legal matters.
Professional attributes are electronic certifications that confirm an individual’s authority to act in a specific professional capacity, including representing a company.
When associated with a qualified electronic signature, these attributes allow the signatory to demonstrate not only their identity but also the capacity in which they are acting.
This is particularly relevant for directors, managers and other company representatives who regularly sign documents or interact with public authorities on behalf of their organisations.
One of the main developments under the updated SCAP framework is the automatic and free certification of professional attributes for directors, managers and executive officers following the relevant registration.
This simplifies the previous certification process and reduces the need for additional administrative steps.
Furthermore, professional attributes are automatically cancelled when an individual ceases to hold the position that justified their certification.
The framework therefore aims to ensure that certified representation powers remain aligned with the information recorded in the relevant official registers.
The use of qualified electronic signatures associated with professional attributes may also reduce the need to submit separate corporate certificates, meeting minutes or other supporting documentation to demonstrate representation powers.
The certification of professional attributes facilitates a range of corporate and administrative activities, allowing authorised representatives to act electronically on behalf of their companies.
These activities may include:
By enabling professional authority to be verified electronically, the SCAP framework contributes to greater efficiency in corporate procedures and interactions with public administration.
The automatic certification mechanism does not apply in the same way to individuals acting under a power of attorney.
For attorneys-in-fact, the certification of representation powers continues to require an application through SCAP, supported by the relevant documentation.
These certifications may be valid for up to one year, subject to the applicable requirements and the scope of the powers granted.
Companies should therefore distinguish between representation powers arising from corporate office and those granted through a power of attorney when determining the appropriate certification procedure.
The updated SCAP framework represents a further step towards the digitalisation of corporate and administrative procedures in Portugal.
By simplifying the certification of professional attributes and facilitating the use of qualified electronic signatures, the system may reduce administrative burdens, improve document processing and strengthen the reliability of electronic transactions.
For companies and their representatives, understanding the applicable certification requirements is essential to ensuring that electronic signatures are used correctly and that representation powers can be effectively demonstrated.
EDGE International Lawyers assists companies and individuals in navigating Portuguese legal and regulatory requirements, including corporate representation, electronic documentation and compliance matters.
