What is Representa?
Representa is a common electronic register of powers of attorney that AOC makes available to the Administration of the Generalitat de Catalunya, the local Entities of Catalonia and the public bodies and entities under public law linked to or dependent on the above.
This register is shared by all of them; that is, it is not an individual or independent register, which entails co-responsibility in the processing of the personal data contained therein.
The Representa is not:
- An administrative record
- A register of authorized officials
What is an Electronic Registry of Powers of Attorney?
The Electronic Registry of Powers of Attorney, created by Law 39/2015 (article 6), allows the representation that citizens, professionals and companies grant to third parties to act on their behalf before Public Administrations to be recorded. Is registration mandatory in order to accredit a representation?
The Representa is only one of the different valid ways in law to prove that a person is a representative of another (Art.5 law 39/2015). Registration in it is recommended in cases of repeated actions by one person on behalf of another, therefore, we do not recommend registration when the representation ends with the completion of the specific procedure (e.g. the case of a specific request for works from a developer on behalf of the owner of the property) and if on the other hand, it is recommended in cases of repeated actions (e.g. a son who has to carry out procedures on behalf of his mother).
Registration is unnecessary in the case of representative certificates given that the natural person who holds them has already accredited before a certification authority that they represent the corresponding legal person, and therefore the certificate allows them to act in the name and representation of this legal person.
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 Representa, in the case of representations that are not exhausted with the same administrative action, while informing them of its effects and duration. Work is being done to offer a model to incorporate into electronic forms, which will be incorporated into the Representa implementation guide.
Glossary of Representa
- Power of attorney or representation : authorization granted by a person (natural or legal) in favor of a third party to act on their behalf before public administrations.
- Apud acta : type of power of attorney granted through personal or electronic appearance.
- Principal : person (natural or legal) who grants powers to a third party to act on their behalf before the Public Administrations.
- Representative or attorney-in-fact : person (natural or legal) who receives power of attorney to act before public administrations on behalf of another person.
- Validation : action of verifying that the faculties or powers of a person are sufficient to act in the name and representation of another person, in carrying out certain actions before the Public Administrations.
- Assisted processing : the assistance provided by an OAC or OAMR worker in the use of electronic means, with the prior consent of the interested party, which includes carrying out a procedure on their behalf by filling in and signing the form in question.
- Renunciation : action by which the authorized person decides to desist from the power of attorney granted to him by the principal.
- Revocation : action by which the principal decides to cancel the power of attorney he has granted in favor of the proxy.