Professional Attributes Certification System (SCAP)

The Portuguese State provides a Professional Attributes Certification System (SCAP), as established in article 546 of the Portuguese Commercial Companies Code.

Since the entry into force of Ordinance 73/2018 of March 12, this service enables directors and managers (administradores, gerentes e diretores) to link their capacity as directors or managers to their citizen card (Cartão do Cidadão) or digital mobile key (Chave Móvel Digital) via the website autenticacao.gov.pt. This enables them to sign certain documents and contracts in their official capacity as directors or managers.

The qualified signature, certifying the capacity of directors or managers, can be used to sign various day-to-day management contracts, such as contracts with electricity, water, gas, and telecommunications providers, contracts with other suppliers, employment contracts, and, among others, financing or funding applications and resolutions of corporate bodies.

SCAP can also be used to certify the capacity and powers of a commercial entity’s attorney-in-fact under a power of attorney. The qualified signature of the person whose capacity and powers of attorney are certified can be used for the above acts.

Changes effective January 2025

On January 7, 2025, Ordinance 6-C/2025/1 of January 6 entered into force, introducing several changes to the SCAP’s terms and conditions. These changes aim to simplify processes for companies, improve procedures for serving documents on parties and others involved in legal proceedings, and promote electronic processing. Key changes include the following:

• The business attributes of directors or managers (i.e., their roles within the corporate bodies) of joint stock companies, private limited companies, single-member private limited companies, and cooperatives will now be automatically attributed and certified with the commercial registry. However, attorneys-in-fact must still sign up for SCAP with an electronic power of attorney under Ordinance 73/2018 of March 12, for subsequent authentication and signing as company representatives, and certification of capacity and powers is valid for up to 1 year.
• The qualified signature, certifying the capacity of director, manager or attorney-in-fact, can now be used to perform acts of registration and the beneficial owner.
• Authentication certifying the capacity of director or manager can be used to receive summonses and notifications electronically.
• Although certifying the capacity of director or manager is now free of charge, there is a €40 fee for certifying capacity and powers of attorneys-in-fact, as well as a €10 fee for respective refusals.