When an interested person with capacity to act acts before the Administration through a representative, the representation must be proven in five cases:
- Make requests,
- Submit responsible statements or communications,
- To file appeals,
- Desist from actions and
- Waive rights.
However, the lack of accreditation of the representation is a fixable defect and it must be requested to be rectified.
The representation can be proven by any legally valid means, as long as reliable evidence is provided; by way of enumeration:
- Use a qualified representative electronic certificate.
- Attach a notarial deed (or CSV data that allows its consultation) or an inscription made in a commercial register.
- Prove registration in an electronic register of powers of attorney of the Public Administration.
Representa is the service that AOC makes available to public sector entities in Catalonia to manage the registration of legal and voluntary representations.
As an electronic register of powers of attorney, in addition to allowing user public administrations to comply with the legal obligation, it makes it easier for interested parties and their representatives to accredit representation in an agile and simple way.
You can consult more information:
Law 39/2015: art. 5 and 6
RD 203/2021: art. 32, 34 and 35
Representa and Via Oberta