Organisational mandates
Relying parties and organisational mandates
What EU law obliges, permits and forbids when you rely on a digital EU power of attorney, an EU Company Certificate, or a wallet-presented attestation of authority.
If you rely on these instruments, the law pulls in two directions at once: acceptance duties (you may not demand apostilles, and you must accept the instruments as evidence) and diligence duties (authentication and validation are your job, and narrow fraud and authenticity safeguards exist for the doubtful case). Getting either direction wrong is expensive.
Who this page is for
Registers, notaries and public authorities receiving cross-border instruments; private-sector verifiers of company authority; and operators of services that will consume wallet presentations.
What you must accept
- The EU Company Certificate — in all Member States, as sufficient evidence at the time of issuance of incorporation and its listed contents [Directive (EU) 2025/25, Art. 16b(1)].
- The digital EU power of attorney — as evidence of the authorised person's entitlement to represent the company "as specified in the document" [Directive (EU) 2025/25, Art. 16c(2)].
- Without legalisation. Both instruments, and register-certified copies and pre-operation certificates, are exempt from all forms of legalisation and any similar formality [Directive (EU) 2025/25, Art. 16d(2)]. Demanding an apostille on an in-scope instrument after the application date is not caution; it is non-compliance with the transposed rules.
- With restraint on translations. Member States must endeavour not to require translations where the information is available in the certificate or through the interconnection system, and may require certified translations only where justified and strictly necessary [Directive (EU) 2025/25, Art. 16g(1)–(2)].
What you must do
- Authenticate and validate. On the wallet side, the rule is explicit: "Relying parties shall be responsible for carrying out the procedure for authenticating and validating person identification data and electronic attestation of attributes requested from European Digital Identity Wallets" [Regulation (EU) 2024/1183 (eIDAS 2), Art. 5b(9) of Reg. 910/2014 as inserted]. Acceptance duties do not outsource verification to the presenter.
- Read the scope. The power of attorney is evidence only of what is "specified in the document" [Directive (EU) 2025/25, Art. 16c(2)]. The template's mandatory fields — scope, person, type of representation [Directive (EU) 2025/25, Art. 16c(4)] — are there for you to check, not to skip. See valid token ≠ allowed action.
- Register before relying on wallets. A relying party intending to rely on wallet presentations must register in its Member State of establishment, declare its intended use and the data it will request — and may not request more than it declared [Regulation (EU) 2024/1183 (eIDAS 2), Art. 5b(1)–(3)]. The machinery — national registers, a common API, access certificates — is set out in Implementing Regulation (EU) 2025/848, which applies from 24 December 2026 [Implementing Regulation (EU) 2025/848, Arts. 3–8 and 11]. Details: Relying-party registration.
What you may do — narrowly
- Query authenticity in cases of reasonable doubt. For register-issued documents and the EU Company Certificate, a contact-point procedure exists: reasoned request, reply within 5 working days, refusal only if the issuing register does not confirm, notification to the presenter within 10 working days [Directive (EU) 2025/25, Art. 16e(1)–(4)].
- Refuse for suspected abuse or fraud — exceptionally. Case by case, on reasonable grounds, where justified by public interest, after consulting the register that provided the document or information [Directive (EU) 2025/25, Art. 16f(1)–(2)]. The recitals warn this must not become systematic rejection, and that differences between national preventive-control traditions are not grounds for refusal [Directive (EU) 2025/25, recital 26].
What the law does not give you
A guaranteed, Union-wide, real-time answer to "is this power of attorney still in force right now?". Filing of revocations with a register is a Member State option, not a duty [Directive (EU) 2025/25, Art. 16c(3)]; how revocation status will surface in wallet presentations awaits the implementing act. Until the rails exist, your reliance procedures — not the instruments — carry that risk. Our analysis: Revocation.
Timeline for relying parties
| Date | What changes for you | Basis |
|---|---|---|
| 24 December 2026 | Member State wallets due; wallet-relying-party registration machinery applies | Reg. 910/2014 as amended, Art. 5a(1); IR (EU) 2025/848, Art. 11 |
| 31 July 2028 | Acceptance duties for the certificate and power of attorney apply (as transposed) | Dir. (EU) 2025/25, Art. 4(2) |
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.
- Law Commission Implementing Regulation (EU) 2025/848 of 6 May 2025 laying down rules for the application of Regulation (EU) No 910/2014 of the European Parliament and of the Council as regards the registration of wallet-relying parties (OJ L, 2025/848, 7.5.2025). http://data.europa.eu/eli/reg_impl/2025/848/oj. Retrieved 2026-08-27.
Cite this page
Rob Prime, “Relying parties and organisational mandates”, EUDIPOA, published 2026-08-27, last verified against its sources 2026-08-27, https://eudipoa.com/mandates/relying-parties.
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, Regulation (EU) 2024/1183 and IR (EU) 2025/848 fetched from EUR-Lex on 2026-08-27.