Every representation must contain the following data:
• The power of attorney (name/company name and tax identification number): can be a natural person or a legal entity.
• The representative (name/company name and tax identification number): can be a natural person or a legal entity.
• Type of power of attorney: it can be "General", "To an organization" or "To procedures". You can consult more details in Types of Powers of Attorney (Types of Powers of Attorney section).
• Capacity for which representation is granted for procedures: it can be: “All”, “Consult”, “Process” and/or “Receive notifications”.
• Validity of the power of attorney: indicates the period that the power of attorney will be valid.
• Processing attended: if it is necessary for the official to carry out the processing on behalf of the interested party.
• Attached documentation that must be provided to certify the representation. Consult the section on Obtaining application templates.
In the event that the power of attorney is created for a particular entity (power of attorney of the type "To an organization"), it will be necessary to inform the Organization field with the entity before which the representation is granted.
If the power of attorney is created for a procedure or a set of procedures (power of attorney of the type "To procedures"), the fields must be reported:
• Organism, with the entity before which the representation is granted.
• Procedure/s by which representation is granted. It is possible to choose the family of procedures first, in order to facilitate the selection of the list of procedures to grant the representation
Once you have informed the details of the power of attorney and the representative, some tabs will appear, as shown in the following image:
You must activate the Registration tab, which will already be activated by default, and inform the fields as discussed in What do I need to create a representation?.
If you need more details on how to register based on the Type of Powers of Attorney, you can consult the following points:
- How to register a general power of attorney.
- How to register a power of attorney with an organization.
- How to register a power of attorney for a procedure in an organization.
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 Public Administrations" (systematically located in the Law in title II "On the activity of 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 physical persons to relate electronically or not with the Public Administrations and, among these relationships, in addition to the administrative procedure, it expressly indicates communication with the Administration. On the other hand, point 2 specifies that for legal entities there is an obligation to relate electronically with public administrations 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 Title IV of the provisions on the common administrative procedure 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.
Obtain application forms
From the Representa application itself, you can generate and print the registration, modification and processing request documents given that they must be filled out and signed by the person requesting us to register or modify a representation.
You will find the different templates in the right side margin, in the "Document templates" tab
- Registration : to request the registration of a new representation that did not previously exist.
- Modification : To make changes to an already existing representation, whether to accept, waive, revoke or request an extension. We've consolidated these processes into a single form to simplify options.
- Attended processing : to authorize the authorized official to process on behalf of the person appearing.
Additionally, in relation to applications for the registration of a representation, to prevent the applicant from having to complete the application by hand, sign it and generate a true copy of it for incorporation on the platform, a pre-filled application is provided.
In this way, the manager can enter the data of the power of attorney and representative, as well as the data of the representation and download the pre-filled application, so that the applicant can sign it and the copy can be generated authentic to include it on the platform.
You can get more information at: How to download pre-filled application.
In relation to applications for the registration of a representation, to avoid the applicant having to fill in the application by hand, sign it and generate a true copy of it to incorporate it into the platform, a pre-filled application is provided automatically by the platform, as follows:
1.- The manager must enter the details of the power of attorney and representative, as well as the details of the representation
2.- You must then press "Download application", which will download a pdf
3.- The downloaded document is the pre-filled application with the details of applicant, power of attorney, representative and representation.
4.- This pre-filled application only needs to be signed by the applicant and an authentic copy generated to attach it to the platform.
Once the citizen's NIF is reported, or the company's NIF, or we report the passport of the power of attorney or the representative, if this already has representation in Representa, the rest of the data that identifies it will appear. If, for example, we report the document number (in this case it is a NIF):
and click on the Search button:
If you do not have any representation (valid or invalid) in Representation, you will ask us to complete the data that identifies the natural or legal person:
Case 1: The document number reported is a NIF/NIE of a natural person
If there is no representation associated with this document, it will ask us for the data to identify it, for example:
Case 2: The document number reported is a NIF of a legal entity:
If there is no representation associated with this document, we will ask for the data to identify it:
Case 3: The document number reported corresponds to a passport:
If there is no representation associated with this document, we will ask for the data to identify it:
In the Registration tab, select the General option as the type of power of attorney:
The fields of:
- Capacity for which representation is granted for proceedings. This capacity can be: "All", "Consult", "Process" and/or "Receive notifications".
- Validity: period of time that the representation will remain valid. Is there a maximum period?
- Process attended: if it is a power of attorney "apud acta" through personal appearance at the registration assistance offices. You can consult the section Attach documentation for an attended procedure to have more information about this process.
- Attached documents: it is necessary to incorporate all the necessary documentation to be able to accredit the representation. You can consult the section on Attaching documentation to a representation for more information on this process.
Once all the fields have been reported, click on the button
, and the platform will automatically redirect the representation to the following states:
- Pending acceptance: if the representation has been created at the instance of a power of attorney and does not have attached documentation to be validated, pending acceptance by the representative
- Pending validation: if the representation has attached documentation that endorses the representation (has been created at the instance of a power of attorney or representative) and needs to be reviewed by the validator profile.
It should be borne in mind that a General power of attorney implies not having active other types of powers of attorney, specifically:
- Power of attorney "To an organization" , so that the attorney can act on behalf of the power of attorney in any administrative action before an Administration or a specific organization.
- Power "to procedures" , so that the authorized person 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.
In the Registration tab, select the option of To an organization as the type of power of attorney:
The fields of:
- Capacity for which representation is granted for proceedings. This capacity can be: "All", "Consult", "Process" and/or "Receive notifications".
- Body: body before which the representative can act on behalf of the power of attorney for any administrative action in this body.
- Validity: period of time that the representation will remain valid.
- Process attended: if it is a power of attorney "apud acta" through personal appearance at the registration assistance offices. Consult the section Attaching documentation for an attended procedure for more information on this process.
- Attached documents: it is necessary to incorporate all the necessary documentation to be able to accredit the representation. Consult the section on Attaching documentation to a representation for more information on this process.
Once all the fields have been reported, click on the button , and the platform will automatically redirect the representation to the following states:
- Pending acceptance: if the representation has been created at the instance of a power of attorney and does not have attached documentation to be validated, pending acceptance by the representative
- Pending validation: if the representation has attached documentation that supports the representation (has been created at the instance of a power of attorney or representative) and needs to be reviewed by the validator profile
It should be borne in mind that a power of attorney "To an organization" implies not having active other types of powers of attorney, specifically:
- "General" power of attorney, so that the attorney can act on behalf of the power of attorney in any administrative action before any Administration.
- Power of attorney "For procedures" , so that the attorney can act on behalf of the power of attorney only to carry out certain procedures specified in the power of attorney before this Administration.
In the Registration tab, select the A procedures option as the type of power of attorney:
The fields of:
- Body: body before which the representative can act on behalf of the power of attorney to carry out certain procedures in this body.
- Capacity for which representation is granted for proceedings. This capacity can be: "All", "Consult", "Process" and/or "Receive notifications".
- Procedure: select procedure/s, by which the power of attorney is granted. The list of procedures can also be chosen from a family of procedures. Selecting a family of procedures means that we are granting representation for each of the procedures that make up this family.
- IMPORTANT: Adding procedures to a family does not mean new representations are granted to the representative.
- IMPORTANT: If a family is served with proceedings, it does not mean that representations granted to the representative are revoked/relinquished.
- Validity: period of time that the representation will remain valid.
- Process attended: if it is a power of attorney "apud acta" through personal appearance at the registration assistance offices. Consult the section Attaching documentation for an attended procedure for more information on this process
- Attached documents: it is necessary to incorporate all the necessary documentation to be able to accredit the representation. Consult the section on Attaching documentation to a representation for more information on this process.
Once all the fields have been reported, click on the button , and the platform will automatically redirect the representation to the following states:
- Pending acceptance: if the representation has been created at the instance of a power of attorney and does not have attached documentation to be validated, pending acceptance by the representative
- Pending validation: if the representation has attached documentation that supports the representation (has been created at the instance of a power of attorney or representative) and needs to be reviewed by the validator profile
It should be borne in mind that a "Procedural" power of attorney implies not having active other types of powers of attorney, specifically:
- "General" power of attorney, so that the attorney can act on behalf of the power of attorney in any administrative action before any Administration.
- Power "To an organization" , so that the authorized person can act on behalf of the power of attorney in any administrative action before this entity.
The way to carry out a representation with attended processing, at the operational level, is the same as a representation without attended processing. The only difference is that you need:
- mark this casuistry when registering
- attach the processing request in which the applicant authorizes the public worker to register the representation
- sign the registration by the public worker at the end of it
At a legal level, however, public workers who perform this task must be considered qualified civil servants.
In the process of registering a representation, you must provide documentation to be able to accredit and legally justify the representation.
The request provided by the person appearing must always be attached, whether it is a request for registration, a request for modification/removal or a request for processed processing.
Additionally, in the event that the representation is based on previously existing documentation, this must also accompany the request.
If no other document is accompanied by the request of the party appearing, the representation will go to "Pending acceptance", waiting for the other party to accept it. On the other hand, if more documentation is provided, the representation will go to "Pending Validation" for the analysis and review of the "Validador" profile of the specific administration, which will decide whether to accept or deny it.
To attach the documentation, you must:
- Select the type of documentation we want to include in the registration. It is very important that you indicate the type of document correctly, as the platform requires that you attach at least one "application" type document in order for the representation to be registered. Additionally, if you attach other documentation, you must correctly categorize it as "Power of Attorney" or "Other".
- Describe the documentation you are incorporating.
- And finally, incorporate the document. It can be done in 3 different ways
- Generating an electronic copy with the CÒPIA service of the AOC Consortium.
- Uploading an electronic copy generated through other services of authentic electronic copies of documents on paper.
- Informing the CSV code of the document, to know the existence of the power of attorney and download the simple copy of the power of attorney. (The secure verification code (CSV) is a code found in each document and is a unique reference that allows access to the same document in electronic format to verify its authenticity.) More information: What is Representa and what does it do? Section: Is Representa integrated with other proxy registries?
Once all the data has been entered, click on the Save button, and return to the representation registration screen/tab.
When this processing case is selected:
The service informs that at the time of registration of the representation, it will be necessary for the authorized official to sign this representation on behalf of the citizen. It is for this reason that when this option is selected, the first document that must be included in the registration of this representation is precisely the signature delegation document that the citizen makes to the authorized official:
In this case, it is necessary to inform:
- Description: description of the type of document we bring to the representation. In this case it is the “ Request for delegation of signature ”
- Document: you can incorporate the “paper document” provided by the citizen, through:
- Generating an electronic copy with the CÒPIA service of the AOC Consortium.
- Uploading an electronic copy generated through other services of authentic electronic copies of documents on paper.
To modify the data, on the home screen, it is necessary to include the NIF or passport of the person requesting the modification and press "Modify".
You can then change the data:
- name
- last names
- phone
- Allow or not to receive warnings from the platform
Once the data has been modified, press "Save" and the data will appear modified.
The platform checks that there are no matching representations between two people, preventing their creation.
Thus, if you create a representation that fully or partially matches in scope and/or time with another, this error message is issued and spawning is not allowed.
As we can see, it does not allow us to create the representation in the Barcelona City Council, with the capacity of all, for the period 26/09/2020-26/09/2021 given that a General Power of Attorney had previously been granted between these two people with the All capacity for the period 26/9/2020-26/10/2020 which partially coincides with the previous one.
When Law 39/2015, of October 1, on common administrative procedure of public administrations regulates the functions of assistance to interested parties (to sign documents on behalf of non-obligated interested parties and make authentic copies), it attributes to public officials. In addition, this qualification must be entered in the Register of Qualified Officials.
Despite the fact that the seventh final provision, on the entry into force of the law, uses the expression " public employees " there is a doctrinal consensus in affirming that the will of the legislator is to appoint civil servants in the strict sense (career or interim) to carry out these functions.
In practice, however, many public bodies (especially the smaller ones) do not have civil servants on staff, which can pose a problem from the point of view of the operation of REPRESENTA since, in theory, they will not have a material way to attend the interested
In accordance with Law 39/2015, of October 1, the representations registered in the electronic registers of powers of attorney will have a maximum validity of 5 years from the date of registration, without prejudice to the fact that, before the end of this term, the power of attorney extends or revokes this power of attorney.
In the event of an extension, the maximum duration of the representation will be 5 years from the date of its registration and may be successively extended within the 5 years established for the validity of its registration.
It must be taken into account that the duration of the positions of joint stock companies is 6 years (Royal Legislative Decree 1/2010, of July 2). Therefore, it may be the case that a legal representation based on notarial powers of attorney, duly registered in REPRESENTA after validating the powers of attorney, is recorded as expired because 5 years have passed but the power of attorney on which the registration is based is still valid, 1 year remaining.
In this case, if the representative took any action on behalf of the power of attorney, he should provide a copy of the deed or register a new representation for a period of 1 year.
You can check the extension procedure