A representation is a person's authorization for a third party to act on their behalf.
Difference between legal and voluntary representation?
If it is legal, it means that representation is necessary or mandatory because it is established by a rule with the rank of law; for example, legal entities cannot act on their own but need a person to take charge of it.
On the other hand, voluntary representation is one that is not legally determined, for example, one that is granted in favor of a spouse or family member to present a petition before a public entity.
Types of powers of attorney
Three types of powers of attorney are defined:
- " General" power of attorney , so that the authorized person can act on behalf of the principal in any administrative action and before any Administration.
- Power of attorney “To an organization” , so that the authorized person can act on behalf of the principal in any administrative action before a specific Administration or organization.
- Power of attorney “For procedures” , so that the authorized person can act on behalf of the principal only to carry out certain procedures specified in the power of attorney before a specific Administration or body.
Additionally, the representations must also indicate the capabilities, which can be:
- All (which includes Process, Consult and Receive notifications), or,
- The combination of partial capabilities (Process, Consult and Receive notifications), which can be:
- Process
- Consult
- Receive notifications
- Process and Consult
- Process and Receive Notifications
- View and receive notifications
What are the possible states of a representation? (life cycle)
The possible states of a representation are:
- VALID >> Valid and current representation.
- PENDING VALIDATION >> Documentation has been provided that needs to be reviewed and validated in order to change the status to VALID or DENIED.
- UNDER VALIDATION >> From the VALIDATION PENDING state, a representation can be moved to this state by the VALIDATOR role to indicate that it is evaluating the representation to decide whether to accept or deny it. From this state it can move to VALID, DENIED or back to PENDING VALIDATION. When a Validation query is made, a representation in this state cannot be used to respond affirmatively.
- PENDENT_ACCEPTANCE >> The principal or representative has made a representation without documentation to validate and the other party must explicitly accept it to change the status to VALID. Either party, however, can decide to cancel it, changing it from WAIVED to REVOKED (depending on who performs the action). When a Validation query is made, a representation in this status cannot be used to respond affirmatively. After 40 days in this status, if it has not been accepted or canceled (revocation or waiver), it automatically changes to canceled.
- PENDING SIGNATURE >> Once the service receives a request to register or modify a representation, signed evidence is generated. If this signature fails, this representation is placed in a pending signature state and retried until the signature is performed correctly.
- DENIED >> Once the documentation attached to the registration has been reviewed and representation has been denied.
- EXPIRED >> A representation that was previously VALID, PENDING ACCEPTANCE or PENDING VALIDATION, but is currently outside its validity period.
- RENEWED >> The representative renounces the representation.
- REVOKED >> The principal revokes the representation.
- CANCELLED >> Exceptional situation in which the public administration decides to cancel a representation, either because 40 days have passed without it being accepted or there is an error in it (e.g. incorrect NIF, incorrect name, non-coincident attached documentation, etc.)
Currently, amendment management is not allowed within the tool, therefore, if a representation is denied, the request must be made again. We are evaluating implementing an amendment management mechanism that allows a denied representation to be used to generate another one, correcting what is wrong in a more agile way.
Can citizens directly manage their representations?
Yes, there is a portal so that citizens and companies can consult, create or manage their representations for actions before public administrations.
Access to the portal is via a URL that changes depending on the entity and is:
https://representa.cat/representa/ciutada?codi=x
x=codeI INE10 without initial 0
Therefore, there is an instance for each entity registered with the service.
You can consult the list of entities registered in Representa at: Entities registered in Representa