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.
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:
- Receive notifications
- Process and Consult
- Process and Receive Notifications
- Consult and Receive notifications
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.
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:
x = INE10 code without initial 0
Therefore, there is an instance for each entity registered in the service.
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.
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
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.