Those who carry a document that supports them, for example, a notarial deed. It is not necessary in voluntary representations, if no document is attached.
Thus, they need validation:
- If a natural person requests registration of powers of attorney towards a natural person
- If a natural person requests the registration of powers of attorney towards a legal person
- If a legal person grants powers to a natural person
- If a legal person grants powers to a legal person
- If a legal person requests the registration of powers of attorney for a natural person
- If a legal person requests registration of powers of attorney towards a legal person
On the other hand, the voluntary representations of natural persons do not require validation, but in the event that they provide a power of attorney, this representation must be validated. This would be the case of:
- If a natural person grants powers to a natural person, while providing some powers
- If a natural person grants powers to a legal person, while providing some powers
Voluntary representations that do not require validation are created in the "Pending Acceptance" state and require explicit acceptance by the representative in order to be valid.
This is an organizational issue, given the lack of precision in the law on this issue. Therefore, it is a matter of service operation and efficiency, but not of regulatory compliance.
The most important thing, in this case, is that the citizen is informed about this validation, prior to the registration of the representation in order to comply with the principle of informed consent.
Not only that, but it is also significant to guarantee speed in the management of the representation and impose the minimum burdens on the interested party.
For this reason, from REPRESENTA it has been decided that the validation of powers will be carried out:
• General power of attorney: the entity whose seat has been accessed to register the representation (in the case of representations made electronically) or the entity that has been accessed to perform the representation (in the case of representations carried out face-to-face)
• Body power of attorney: specific body to which the representation is granted
• Power of attorney for procedures : specific entity to which the representation is granted
In this sense, it must be taken into account that it is a collaborative register of shared responsibility, so it is advisable to trust the actions of other user administrations, without prejudice to the fact that the interested party may subsequently be required to accreditation of representation.
When a representation contains attached documentation to prove the representation between two people (natural and/or legal entities) this documentation must be reviewed and the representation validated or not. You can get more information in the section Which representations need to be validated?
To validate the powers you must have the VALIDATOR role:
When a user only has the role of validator and accesses Representa, the service shows him a screen with all the representations that have been registered in his entity and that require verification that with the documentation provided in the representation, it is sufficient for to be able to grant representation to the representative.
If you have other roles, you will need to go to the "Validation of pending documents" tab to access the list.
The page shows the list of representations pending validation and allows you to filter them.
In this case, we have a representation pending validation, where we have that the proxy Enrique wants to grant the representation to Marcel.
If we click on
, we can see the detail of the representation that needs to be validated:
On this screen, we find the necessary data to decide whether representation can be granted. In this case, it is necessary to decide whether the attached documentation is sufficient to grant representation to:
- Between the Power of Attorney and Representative, i
- For all entities (General)
- With the capacity described, i
- The validity requested.
Once it has been assessed whether the attached documentation is sufficient with the conditions described:
- Mark
if the power is sufficient. From this point on, these representations remain valid in Representa. - Mark
if the power is not enough. . From this point on, these representations remain invalid in Representa. In the case of refusal, you must add the reason for it.
If you want to indicate that the representation is being processed (prior to validation or denial) you can change it to the "Under review" status by pressing the button
Then, the representation will be in "Under review" status, in the list of representations.
From this state you can also Deny or Accept. This state does not mean that the representation is assigned to a specific validator, but simply that some validator is processing it. At any time you can return to the "In Validation" state by pressing the button .
When a natural or legal person wants to register a representation and attaches documentation that accredits it, it must be " any means valid in law that leaves reliable evidence of its existence " (article 5.4 of Law 39/2015, of 1 d October, of 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 have elements of authenticity and meet the requirements of the LPACAP. Other documents such as simple scans or photographs, for example, are excluded, as they do not comply with the principle of legality and registration publicity.
If the CSV (secure verification code) is not included in the notarial document provided, you must take the following into account:
- Face-to-face applications : the document presented at the registration office must be a first copy issued by the notary (or later copy authorized by a notary). Alternatively, the interoperability query can be authorized (by providing the necessary data).
- Applications from the citizenship portal : must be an original electronic document or an authentic copy provided by a registration assistance office.
In this case, to register the representation with supporting documentation, the natural or legal person must access the "Request registration" tab. During the process you will be asked to attach the document.
At the end of this process, the registration request will remain in the status "Pending validation" and the legal advice of the us will analyze whether the document verifiably 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 Representa and the status will change to "Valid".
- If, on the contrary, the report is unfavorable because the document is not admissible or a lack or insufficiency of authorization is appreciated, 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 document ( apud acta representation); will have to wait for the person representing to accept the representation.
Whenever possible, it is recommended to encourage this type of representation because its management is more agile.
- As long as the integration with other electronic registers of powers of attorney is not operational, registration certificates can be attached to APODERA, as long as they have sufficient information about that representation.
- Photocopies are not legally valid means of proving representations.
Nor documents signed between individuals or mandates of representation.
- It is up to each consultancy to evaluate any other official documentation that is not notarized or verified by a public notary, checking in any case the sufficiency and guarantees of authenticity it confers for its registration in Representa.
Special care must be taken for type A powers of attorney since they confer the ability to act on behalf of the power of attorney for any administrative action before any public administration (even if it is not a user of Representa).
On the other hand, consultancies can apply more flexible criteria to facilitate the registration of type B and C powers of attorney, because they produce effects before a specific Administration.
- On certain occasions and for certain procedures, the inscriptions in the register of associations can be considered reliable means of the existence of a representation (at the assessment of the legal consultancy that performs the validation).
Certain documents can also be considered sufficient means to register certain representations for certain procedures, as long as they are presumably not susceptible to impersonation.
- You can also provide a certificate issued by the Mercantile Registry with a CSV.
- In the case of the family book, it is usual that, despite the format changes, it is accompanied as a document certifying the representation. If this is the case, it must be an authentic copy or have a CSV that allows authenticity to be checked.
If this document is accompanied to carry out a one-off procedure, for the sake of speed, it is recommended that the representation not be registered.
- The lack or insufficiency of accreditation of the representation does not prevent the procedure from being completed if it is amended within 10 days (art. 5.6 LPACAP).
- If you plan to integrate with processing platforms, please note that registration is not automatic: there is a time lag between the request for registration and the acceptance of the representative or until the consultancy validates the documentation .
In the "Ens data configuration" section, you can add an e-mail to receive notices with the list of representations that an entity has (Email pending validations). More info: https://suport-representa.aoc.cat/hc/ca/articles/4417809786769-Comencem-amb-el-Representa >> Data configuration of the entity
If you report an e-mail address in this field, you will receive, once a week, an e-mail with all representations with a status of "Pending validation" and "Under review" from your institution (on Mondays at 10 hours).
