Representa is a common electronic register of powers of attorney that the AOC makes available to the Administration of the Generalitat of Catalonia, the Local Entities of Catalonia and public bodies and public law entities linked or dependent on the above.
This record is shared by all of them; that is to say, it is not an individual or independent record, which entails joint responsibility for the processing of the personal data contained therein.
The Representa is not:
- An administrative record (more information in the section “Is Representa an administrative record?”)
- A register of qualified officials
The answer is no, given that:
- Associations are non-profit entities, formed voluntarily by three or more people to fulfill a purpose of general or particular interest, through the pooling of personal or patrimonial resources on a temporary or indefinite basis (Article 321-1 of LAW 4/2008, of April 24, of the third book of the Civil Code of Catalonia, relating to legal entities). Therefore, the register of associations is not a register of powers of attorney like Mercantile, Property, etc. and, that is, it is not considered to be one of the registers that article 6 of 39/2015 calls "similar". Consequently, there is no mandatory interoperability with the Representa
- In addition, the person who has contributed a power of attorney to that register of associations has done so for a specific purpose. The incorporation of the Local Registry into the Representa conflicts with data protection as the purpose of the treatment for which the data was collected changes.
- Finally, even if it is technically feasible, this data incorporation breaks with the validation circuit that has been established in the Representa service.
For the possible incorporation of other types of records, it will be necessary to analyze:
- nature of the record
- purpose of data collection
- validation circuit of the registered power of attorney
No.
Law 39/2015, of October 1, on common administrative procedure of public administrations separately regulates the general electronic register of powers of attorney (art. 6) from the general electronic register (art. 16), for the presentation of documents.
This distinction comes from RD 1671/2009, of November 6 (art. 15, repealed), which in development of Law 11/2007, of June 22, orders the creation of this register and expressly denies that it has the character of administrative registration.
In the area of the Administration of the Generalitat, Order GRI/79/2015, of April 10, also declares that this register does not have the character of an administrative register (art. 4).
In a similar way, and for the case of the electronic register of powers of the General Administration of the State, RD 203/2021, of March 30, provides that it is not public (art. 33.4). In addition, it determines that "...the interested party will only be able to access the information of the powers of attorney of those who are the power of attorney", which "shields" the personal data contained in these records.
The above allows you to keep a separate register and not have to make entry entries of the power of attorney documentation; therefore, only legal and voluntary representations can be registered in REPRESENTA, leaving out of its scope the entry (and exit) entries of documents.
The integration with APODERA is ongoing, we will soon inform you of its progress.
In relation to the integrations with the Mercantile and Property Registry, the integrations with these civil registries are pending evaluation by the bodies responsible for these civil registries to the extent that it may lead to a conflict with the purpose of these registries.
This integration is important for the organizations that use the service, because the interested parties are responsible for the veracity of the documents they provide (art. 28.7 of Law 39/2015, of October 1), also in the case of the electronic registration of powers of attorney and the power of attorney documents that accompany registration applications.
In this sense, to minimize the risk of validating powers of representation that have been revoked by subsequent power of attorneys (which are not attached to the application), REPRESENTA is integrated with the General Council of Notaries allowing the consultation of subsistence of the accompanying powers. Thus, a consultation is carried out with the General Council of the Notary and it validates the validity of the deeds and powers of attorney. The consultation of the power of attorney is carried out both at the time of registration (which also allows you to download a simple copy of the power of attorney) and in the specific consultation of a power of attorney between two people on a specific date to carry out a specific action.
The Representa is only one of the different legally valid ways to prove that one person is a representative of another (Art.5 law 39/2015).
Enrollment in the same is recommended in cases of repeated actions by one person on behalf of another (e.g. a manager who must carry out multiple procedures on behalf of a client); however, we do not recommend registration when the representation ends with the completion of the specific procedure (e.g. the case of a child who requests a parking card with reduced mobility for his father).
So, what can be done if an instance is presented to the General Registry containing a specific representation that has as its sole purpose the completion of that specific procedure or procedure? ("More information in the section "Practical recommendations on registrations").
Registration is also unnecessary in the case of representative certificates given that the natural person who is the holder has already accredited before a certification authority that he represents the corresponding legal entity, and therefore the certificate allows him to act in name and representation of this legal entity.
In this sense, when a public administration detects a representation by another means, either in person or electronically, it is considered good practice to offer interested parties the possibility of registering the representation in the Representa, in the case of representations that they are not exhausted by the same administrative action, while informing of its effects and duration. Work is underway to provide a model to incorporate into the electronic forms, which will be incorporated into the Representa implementation guide.
They are kept for the validity period and then deleted in 90 days. You have it in the specific terms of service
In Representa, representations cannot be registered for the proxy to request the idCAT (certificate or mobile) in the name of the proxy.
In accordance with the regulatory regulations, obtaining the electronic signature mechanisms must be done in person by the interested person; in other words, it is a very personal act that involves addressing a public administration.
The above is excepted when the interested party uses another digital certificate to request the certificate (digitally) or, a third party brings the application form with the interested party's notarized signature.
As you can see, these are two highly valued cases where there is reliable evidence of identity verification, which cannot be transferred to REPRESENTA powers.
Related Content:
Can a citizen request a idCAT certificate for a third person?
Representa is the registration provided for in art. 6 of Law 39/2015 with the purpose that the interested parties register the representations they grant for a person (natural or legal) to act on their behalf in the case of administrative procedures (l 'lawyer and the manager, for example).
From this point of view, it is not related to the assistance functions of the officials empowered by art.12 of the same law, which refers to the provision of services to the interested parties and the exercise of the functions assigned to them.
The capacity to sign, submit requests and obtain authentic copies is not a representation capable of being registered in the REA, and must be registered in a different register, without prejudice to preserving the consent of the interested party.
For this reason, from the AOC we have offered it from EACAT and we are working to improve its management: Manual of the Register of civil servants qualified in EACAT
- Power of attorney or representation : authorization conferred by a person (physical or legal) in favor of a third party to act on their behalf before the Public Administrations.
- Apud acta : typology of power that is granted through personal or electronic appearance.
- Power of attorney : person (natural or legal) who confers powers of attorney on a third party to act on their behalf before the Public Administrations.
- Representative or proxy : person (physical or legal) who receives a power of attorney to act before the Public Administrations on behalf of another person.
- Validation : action to verify that the faculties or powers of a person are sufficient to act on behalf and representation of another person, in carrying out certain actions before the Public Administrations.
- Process attended : the assistance provided by an employee of the OAC or OAMR in the use of electronic media, with the prior consent of the person concerned, which includes carrying out a procedure on their behalf by filling in and signing the form treat
- Renunciation : action by which the agent decides to withdraw from the power of attorney conferred on him by the principal.
- Revocation : action by which the power of attorney decides to cancel the power of attorney he has granted in favor of the proxy.
Below, we list some assumptions that can occur on a day-to-day basis and make some suggestions, regardless of what you have established internally:
- Punctual representations whose purpose is to carry out a specific procedure or procedure: Given that there is no will to establish a permanent representation, this type of representation can be accredited by means of a private document in which the consent of the person who grants the representation (power of attorney) and, if so considered, the responsible declaration of the representative person regarding the authenticity of the documentation certifying the representation they provide. This document can accompany the presentation of the corresponding procedure without the need to register it in Representa.
- Representations that may have some durability : given that the actions based on these representations are likely to be repeated during their validity, interested persons may be recommended to register with Representa, duly informed of their rights and duties (More information in: What are the implications of registration at Representa? Warning model when encouraging registration . It must be taken into account that we are not dealing with an ex officio registration of the representation, since the person's will must be expressed.
