Organisational mandates
Organisational mandates
The legal machinery by which organisations authorise people and systems to act for them under EU law — statutory representation, powers of attorney, and attestations of authority.
A mandate is the answer to the question every counterparty eventually asks: on what basis is this person acting for that organisation? EU law now gives that question digital infrastructure from three directions at once — register-published representation, a harmonised cross-border power of attorney, and wallet-carried attestations of authority — and this section maps how the pieces relate.
Who this section is for
Anyone who has to decide whether a person (or a system) genuinely acts for an organisation: relying parties, registers, notaries, compliance teams — and the engineers who have to encode the decision.
The three layers
1. Original authority: who may bind the company. Every company has persons authorised to represent it "in dealings with third parties and in legal proceedings" — a matter of national company law, disclosed in business registers, and now stated cross-border in the EU Company Certificate, including whether representatives act alone or jointly [Directive (EU) 2025/25, Art. 16b(2)(j)]. Covered in Who may act for a company.
2. Conferred authority: the power of attorney. Original representatives can authorise someone else for specific procedures. For cross-border company-law procedures, Directive (EU) 2025/25 harmonises that instrument as the digital EU power of attorney — granted under national requirements, verified by courts, notaries or competent authorities, and accepted as evidence of authority "as specified in the document" [Directive (EU) 2025/25, Art. 16c(1)–(2)].
3. Attested authority: mandates as wallet cargo. The eIDAS 2 framework treats "powers and mandates to represent or act on behalf of natural or legal persons" as attributes that trust service providers can attest electronically [Regulation (EU) 2024/1183 (eIDAS 2), recital 55], and puts "Powers and mandates to represent natural or legal persons" on the minimum list of attributes Member States must make verifiable against authentic sources [Regulation (EU) 2024/1183 (eIDAS 2), Annex VI, point 9]. What relying parties must do with wallet-presented evidence is covered in Relying parties and Relying-party registration.
Where it gets hard
The law defines instruments; operating them raises questions the instruments do not answer — how scope is checked at the moment of action, how revocation reaches the relying party in time, and what happens when software rather than a person is doing the acting. Two pages in this section are implementation notes — labelled engineering experience, not law:
- The mandate object — what a mandate has to look like as data before any of the checks can be automated.
- Agents and systems acting under mandates — why a valid token is not the same thing as an allowed action.
In this section
- Who may act for a company
- Relying parties
- The mandate object — implementation note
- Agents and systems acting under mandates — implementation note
Sources
- Law Directive (EU) 2025/25 of the European Parliament and of the Council of 19 December 2024 amending Directives 2009/102/EC and (EU) 2017/1132 as regards further expanding and upgrading the use of digital tools and processes in company law (OJ L, 2025/25, 10.1.2025). http://data.europa.eu/eli/dir/2025/25/oj. Retrieved 2026-08-27.
- Law Regulation (EU) 2024/1183 of the European Parliament and of the Council of 11 April 2024 amending Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024). http://data.europa.eu/eli/reg/2024/1183/oj. Retrieved 2026-08-27.
Cite this page
Rob Prime, “Organisational mandates”, EUDIPOA, published 2026-08-27, last verified against its sources 2026-08-27, https://eudipoa.com/mandates.
Better still, cite the instruments themselves — the Sources list below gives each one’s ELI, the EU’s permanent identifier for legislation. This page is a guide to the law, not the law.
Changelog
- 2026-08-27 — First published, written against the full texts of Directive (EU) 2025/25 and Regulation (EU) 2024/1183 fetched from EUR-Lex on 2026-08-27.