Artículo · Suport AOC

What is Represent?

Representa is a common electronic register of powers of attorney that l'AOC makes a available to l'Administration of the Generalitat de Catalunya, the local Entities of Catalonia i of the public bodies i public law entities linked o dependent on the above.

This register is shared by all of them; that is to say, it is not an independent individual register, which implies co-responsibility for the processing of the personal data contained therein.

The Representative is not:

An administrative record (more information a l'section “What is 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, companies, and third parties grant to act on their behalf before the Public Administrations to be recorded.

Does Representa allow the incorporation of representations collected in municipal association registers?

The answer is no, given that:

Associations are non-profit entities, voluntarily constituted by three o more people to a fulfill a purpose of general interest o particular, through the pooling of personal o patrimonial resources with an indefinite temporary o character (Article 321-1 of LAW 4/2008, of 24 April, of the third book of the Civil Code of Catalonia, relating a to legal persons). Therefore, the register of associations is not a register of powers of attorney such as the Mercantile, Property, etc. i, that is, it is not considered to be one of the registers that l'article 6 of 39/2015 calls “similar”. Consequently, there is no obligation for interoperability with the Representa
A Furthermore, the person who has provided a power of attorney a that association register has done so for a specific purpose. The incorporation of the Local Register into the Representa conflicts with data protection since the purpose of the processing for which the data was collected changes.
Finally, although technically feasible, this incorporation of data 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
l'registered power of attorney validation circuit

Does it represent an administrative record?

No.

Law 39/2015, of October 1, on the common administrative procedure of public administrations regulates separately 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 Royal Decree 1671/2009, of November 6 (art.15, repealed), which in development of Law 11/2007, of June 22, orders the creation of this register i expressly denies that it has the character of an administrative register.

In the scope 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).

Similarly, i for the case of the electronic register of powers of attorney of l'General Administration of l'State, RD 203/2021, of March 30, provides that it is not public (art.33.4). A further determines that “…l'interested party may only access a the information on the powers of attorney of which he is the principal o authorized”, which “shields” the personal data contained in these registers.

L'above allows a separate register to be kept i without having to make entry entries for the documentation of the powers of attorney; therefore, a REPRESENTS only voluntary legal representations i can be registered, leaving out of its scope the entry entries (i exit entries) of documents.

Is Representa integrated with other proxy registries?

The integration with APODERA is in progress, we will soon inform you of its progress.

In relation to the integrations with the Commercial Registry i of Property, the integrations with these civil registers are pending evaluation by the bodies responsible for these civil registers to the extent that it may lead to a conflict with the purpose of these registers.

This integration is important for the entities that use the service, because those interested 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 registry of powers of attorney i of the power of attorney documents that accompany a registration applications.

In this sense, to minimize the risk of validating powers of representation that have been revoked by subsequent power of attorney deeds (which are not accompanied by the application), REPRESENTA is integrated with the General Council of Notaries, allowing the consultation of the existence of the powers that accompany it. Thus, a consultation is made with the General Council of Notaries, which validates the validity of the power of attorney deeds. The consultation of the existence of powers of attorney is carried out both in the registration process (which also allows a simple copy of the power of attorney to be downloaded) and in the specific consultation of a power of attorney between two people on a specific date to perform a specific action.

Is registration mandatory in order to accredit a representation?

The Representation 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 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 requesting a parking card with reduced mobility for his father).

So, what can be done if an instance is presented to the General Registry where a specific representation is recorded that has the exclusive purpose of carrying out that specific procedure? (“More information a l'section "Practical recommendations on registrations").

Registration is also 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 a the corresponding legal person, i therefore the certificate allows them to act on behalf of i this legal person.

In this sense, when a public administration detects a representation by another means, whether in person, o 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 are not exhausted with the same administrative action, while informing them of their effects i duration. S is working to offer a model to incorporate into the electronic forms, which will be incorporated a into the Representa implementation guide.

Will custody be guaranteed throughout the mandatory legal period?

They are kept for the validity period i then deleted after 90 days. You have a the <a href="https://aoc.cat/wp-content/uploads/2015/11/cond-especifiques-representa_13032019-v2-1.pdf" target="_blank" rel="noreferrer noopener">specific conditions of service

Can representations be granted to do l'idCAT?

A Representations cannot be registered because l'authorized person requests l'idCAT (mobile o certificate) a name of the principal.

In accordance with regulatory regulations, lobtaining electronic signature mechanisms must be done in person by the interested person; that is to say, it is a very personal act that involves going to a public administration.

S'except for l'above when l'interested party uses another digital certificate to request the certificate (digitally) o well, a third party brings the application form with the signature of l'interested party notarized.

As can be seen, these are two highly valued cases where there is reliable evidence of identity verification, which are not transferable to REPRESENT powers.

What is i what does the Representa do?