Access to the portal for the management of representations is made through Válid and, therefore, access is permitted with all the identification systems accepted by Válid.
Access the citizenship portal, tab "Grant representation" and we will see that our data appears in the power of attorney section.
We enter the data of the representative on the other side.
Then we indicate what type of representation we want (General, an Organism or Procedures) and all the necessary data of the same: Capacity and Validity.
In the case of representations to a specific body or procedures, it will be necessary to indicate the Body and in the latter case also the procedure.
A screen will appear with all the data asking if you want to confirm or cancel.
If we press confirm, the details of the same will appear, where it indicates that the representation remains as "Pending acceptance" and it will be necessary for the representative to accept it explicitly in order to be "Valid"
If we have indicated our e-mail address and indicated that we want to receive notices, we will receive a communication about this.
Access the citizenship portal, tab "Request registration" and we will see that our data appears in the representative section. As indicated, in this case, since we are not the one granting powers of attorney, we must attach a document that proves our status as a representative and this document will have to be reviewed afterwards to verify that the power of attorney is sufficient to validate the representation.
We enter the power of attorney data on the other side.
It is necessary to indicate the type of representation (general, body and procedures), the capacity, the validity of the power of attorney and attach documentation to be able to review the validity or not of the representation
Then press "Register" and a screen will appear with all the data asking if you want to confirm or cancel the registration.
If we press confirm, a proof in pdf of the registration will be downloaded and its details will appear, indicating that the representation is pending validation.
If we have indicated our e-mail and have indicated that we want to receive notices, we will receive a communication when the representation has been validated or, if it is finally denied.
To modify the data, on the home screen, you need to go to "My data" and press "Modify".
You can then change the data:
- First name
- Allow or not to receive warnings from the platform
Once the data has been modified, press "Save" and the data will appear modified.
You can do it in two ways:
- In person: going to any administration that uses the service Represents in which a public worker will be able to manage your request
- Electronically: through the citizenship portal of the Representa service
In this second case, the representative must access the citizenship portal, authenticating with the valid mechanisms to do so and from the "Home" tab search for those representations that appear in the "My powers of attorney" column as in "Pending".
If you access the details of the same, they will appear with the status "Pending acceptance" and by pressing the "Accept" button, they will remain in the "Valid" state, all taking effect from that moment.
It depends on the case.
In the event that the registration has attached documentation to be validated, it is not necessary. Once the registration is registered, it will be validated or denied by a public worker with the role of validator and depending on this it will remain valid, already in effect, or denied. This is so because it is understood that the representative has already consented to this representation in a previous act.
In the event that the registration does not contain attached documentation to be validated, it will be necessary for the representative to accept it explicitly.
If the proxy informs the e-mail of the representative, an e-mail informing of the appointment will be sent with a brief explanation of this circumstance and with the information in order to accept it.
If the representative is not interested, he can waive the appointment as a representative. In the same sense, at any time you can register or unsubscribe from the notices (and the power of attorney as well).
Yes. According to the arguments that will be presented below, legal entities would be obliged to make and manage powers of attorney in electronic form.
Granting a power of attorney is not an administrative procedure but the ability to act in the administrative procedure, a prerequisite for acting.
If we look at article 14 of the LPAC, "Right and obligation to relate electronically with the Public Administrations" (systematically located in the Law in title II "On the activity of the Public Administrations" chapter I "Regulations general actions"), there is disparate wording regarding the relationship of natural and legal persons with the Administration.
The article mentions the possibility of natural persons to relate electronically or not with Public Administrations and, among these relationships, in addition to the administrative procedure, it expressly indicates communication with the Administration. On the other hand, in point 2 it specifies that for legal persons there is an obligation to relate electronically with public administrations in order to carry out any procedure of an administrative procedure.
Therefore, for legal entities the administrative relationship refers to formalities of an administrative procedure and for individuals it is considered that this relationship can be a mere communication.
Given this discrepancy, that this article is not within the and that, in addition, the will of the legislator with laws 39 and 40 is to advance the implementation of electronic administration, a systematic interpretation is made in accordance with the spirit of the rule and electronic processing is considered mandatory for to certain groups, including legal entities.
Representa does not require signing the registration request from the citizen portal with a digital certificate because the provisions of art.11.1 of Law 39/2015 apply, so identification is sufficient made with VALID and complete the registration by clicking on the "register" button, which allows you to record the will of the person appearing (and favors it as it simplifies the procedure).
If you want to register a representation and attach documentation that proves it, know that it must be " any means valid in Right that leaves reliable record of its existence " (article 5.4 of Law 39/2015, of 1 October, on the common administrative procedure of public administrations, LPACAP).
In practice, only notarial documents or private documents verified by any other public notary are accepted because they are the only ones that meet the requirements of the LPACAP (other documents such as, for example, scans without elements of authenticity or photographs are excluded).
If the CSV (secure verification code) is not included in the notarial document provided, please note that it must be an electronic original document or an authentic copy, provided by a registration assistance office.
In this case, to register the representation with supporting documentation, you must access the "Request registration" tab and follow the instructions. During the process you will be asked to attach the document.
Once the process is complete, the registration request will remain in the "Pending validation" state and the legal advice of the us will analyze whether the document reliably accredits the representation:
- If it is an admitted document and the advisory body responsible for processing evaluates the document positively, it will be added to the Representation and the status will change to "Valid".
- If, on the other hand, the report is unfavorable because the document is not admissible or appreciates a lack or insufficiency of authorization, the amendment will be required. The interested party will have a period of 10 days or more depending on the case (article 5.6 LPACAP), through the usual documentation request circuit for the administrative procedure or the request will be rejected and the status will be changed to "Refused ".
Other practical issues to highlight relating to the registration of representations:
- The authorized person can grant a representation without attaching any documents (representation apud acta ); will have to wait for the representative person to accept the representation.
- As long as the integration with other electronic registers of powers of attorney is not operational, registration certificates can be attached to APODERA if they have sufficient information about the representation.
- On certain occasions, the registrations in the register of associations referring to the representation, can also be considered reliable means (at the assessment of the legal consultancy that performs the validation).
- You can also provide a certificate issued by the Mercantile Registry with a CSV.
- Despite the changes in the format of the family book, it is common for them to be accompanied as a document certifying the representation. If this is the case, this must be an authentic copy or have a CSV that allows authenticity to be checked.
- Photocopies are not legally valid means of proving representations. Neither are documents signed between individuals.
The platform checks that there are no matching representations between two people, preventing their creation.
In this way, if we create a representation that fully or partially matches in scope and/or time with another, this error message appears and the generation is not allowed.
So for example, if we have a representation in which NIF 1234567A grants general powers to NIF 1122334455B for the year 2021, we cannot create one for a specific Organism, for example, during January 2021, given that the the body already includes the general.
The Represent service, if when making the representation the e-mail is informed and the sending of communications is authorized from the person who gives the powers (attorney) and from the person who receives the powers (representatives), it sends an e-mail whenever a state change is made in the representation.
This way, an email is sent each time:
- validation of a representation pending validation (indicates that it has been registered)
- denial of a representation pending validation
- acceptance of a representation pending acceptance (indicates that it has been registered)
And in the event that a representation expires:
- notice of expiration 1 month before
- notice of expiration in 1 week