Difference between legal and voluntary representation?

A representation is the authorization of a person for a third party to act on their behalf.

If it is of a legal nature, it means that representation is necessary or obligatory because this is established by a rule of law; for example, legal persons cannot act on their own but need a person in charge.

On the other hand, voluntary representation is that which is not legally determined, for example, that which is granted in favor of the spouse or relative to file a petition before a public body.

Types of powers of attorney

and has defined three types of powers:

  • General” power of attorney , so that the proxy can act on behalf of the power of attorney in any administrative action and before any Administration.
  • Power “To an agency” , so that the proxy can act on behalf of the power of attorney in any administrative action before a specific Administration or body.
  • Power of attorney "In process" , so that the proxy can act on behalf of the power of attorney only to carry out certain procedures specified in the power of attorney before a specific Administration or body.

Additionally, representations must also indicate capabilities, which may be:

  • All (including Processing, Querying, and Receiving Notifications), or
  • The combination of partial capabilities (Processing, Consulting and Receiving Notifications), which can be:
    • Process
    • Consult
    • Receive notifications
    • Process and Consult
    • Process and Receive Notifications
    • Consult and Receive notifications

What are the possible states of a representation? (life cycle)

The possible states of a representation are:

  • VALID >> Valid and valid representation.
  • PENDING VALIDATION >> Documentation has been provided that needs to be reviewed and validated in order to change the status to VALID or DENIED.
  • PENDING_ACCEPTACIO >> The power of attorney has made a representation without documentation to be validated and the power of attorney must explicitly accept it to pass the status to VALID or RENUNCIATED. The representative may also decide to unsubscribe and transfer it to REVOCADA. When a Validation query is made a representation in this state cannot be used to answer in the affirmative.
  • PENDING SIGNATURE >> Once the service receives a request for registration or modification of a representation, a signed evidence is generated. If this signature fails, this representation is put in a pending state of signature and is retried until the signature is done correctly.
  • DENIED >> Once the documentation attached to the registration has been reviewed and the representation has been denied.
  • EXPIRED >> A representation that was previously VALID or PENDING VALIDATION, but is currently out of date.
  • WAIVED >> The representative resigns from the representation.
  • REVOKED >> The power of attorney revokes the representation.
  • CANCELED >> Exceptional state in which for some reason a public employee invalidates a representation.

Managing amendments within the tool is not currently allowed, so if a representation is denied, you must request it again. We are evaluating the implementation of an amendment management mechanism that allows another to be generated from a denied representation, correcting what is wrong in a more agile way.

What is the address of the Representa portal for citizens?

There is a portal for citizens and companies to consult, create or manage their representations for actions before public administrations.

Access to the portal is via a URL that changes depending on the entity and is:

https://representa.cat/representa/ciutada?codi=x

x = INE10 code without initial 0

Therefore, there is an instance for each entity registered in the service.

To whom can I grant a power of attorney or representation?
To any natural or legal person, providing their data (name or company name and NIF or identification number, at least).
What is the term of an empowerment or representation?
What is fixed in the creation of the power of attorney and in any case, not more than 5 years that is what is established by law.
When does a power of attorney or representation come into force?

Power enters into force:

  • once accepted, in cases that require subsequent acceptance by the representative.
  • once validated, in cases that require subsequent validation by the administration.
Are the proxies registered in any electronic register?
The powers of attorney that are registered are registered in the Representa, and the receipt of registration can be consulted and downloaded by either party. It is not, however, a public register, therefore it cannot be consulted by anyone, but only by public administrations for the management of actions with representatives.
What can a proxy do on my behalf?
You can carry out any procedure in any public administration for which you have explicitly authorized it.
What can be done online regarding proxies?

The procedures that a citizen, professional or company can carry out on the Internet regarding powers of attorney are:

  • Grant a power of attorney
  • Apply for the registration of a pre-existing power of attorney
  • Consult the powers of attorney
  • Unsubscribe a power of attorney
  • Accept as a representative, a power of attorney granted by another person
Can representations be granted for idCAT?

Representations cannot be registered at Representa so that the proxy can request the idCAT (certificate or mobile) on behalf of the proxy.

In accordance with the regulations, obtaining the electronic signature mechanisms must be done in person by the person concerned; in other words, it is a very personal act that involves addressing a public administration.

Except for the above when the interested party uses another digital certificate to request the certificate (digitally) or a third party carries the application form with the signature of the interested party notarized.

As can be seen, these are two highly valued cases where there is reliable evidence of identity verification, which are not transferable to the powers of Representation.