How do you validate a representation that requires documentation review?

Those that have a document to support them, for example, a notarial deed. Not necessary in voluntary representations, if no document is attached.

Thus, they need validation:

• If a natural person requests registration of powers of attorney for a natural person
• If a natural person requests registration of powers of attorney for 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 entity requests registration of powers of attorney for a natural person
• If a legal entity requests registration of powers of attorney for a legal entity

On the other hand, 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, providing certain powers
• If a natural person grants powers to a legal person, providing certain powers

Voluntary representations that do not require validation are created in the “Pending Acceptance” status 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 question 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 registering the representation in order to comply with the principle of informed consent.

Not only that, but it is also significant in ensuring speed in the management of representation and imposing minimal burdens on the interested party.

For this reason, REPRESENTA has chosen that the validation of powers of attorney will be carried out by:
• General power of attorney: the entity whose headquarters has been accessed to register the representation (in the case of representations made electronically) or the entity to which the representation has been approached (in the case of representations made in person)
• Empowerment to organization: specific entity to which 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 registry with 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 provide accreditation of representation.

When a representation contains attached documentation to demonstrate the representation between two people (natural and/or legal persons), this documentation must be reviewed and the representation validated or not. You can obtain more information in the section What representations must be validated?

To validate the powers of attorney, you must have the VALIDATOR role:

When a user only has the role of validator and accesses Representa, the service shows them a screen with all the representations that have been registered in their entity and that require verification that the documentation provided for the representation is sufficient to grant the 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 the principal 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 data necessary 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 Principal and Representative, and
• For all entities (General)
• With the capacity described, and
• The requested validity.

Once it has been assessed whether the attached documentation is sufficient with the conditions described:

• Brand if the power is sufficient. From this moment on, these representations remain valid in the Representa.
• Brand if the power of attorney is not sufficient. . From this moment on, these representations are considered invalid in the Representa. In the case of refusal, the reason for the refusal must be added.

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 clicking on the button

The representation will then be in the “Under review” status in the representation list.

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 “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 valid means in Law that leaves reliable evidence of its existence ” (article 5.4 of Law 39/2015, of October 1, on 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, since they do not comply with the principle of legality and registry publicity.

If the CSV (secure verification code) is not included in the notarial document provided, you must take the following into account:

• In-person applications : the document presented at the registry office must be a first copy issued by the notary (or a subsequent copy authorized by a notary). Alternatively, the interoperability consultation can be authorized (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 individual or legal entity must access the “Request registration” tab. During the process, they will be asked to attach the document.

Once this process is complete, the registration request will remain in the "Pending validation" status and the entity's legal department will analyze whether the document reliably accredits the representation:

• If it is an accepted document and the department responsible for processing positively assesses the document, it will be incorporated into Representa and the status will change to “Valid”.
• If, on the other hand, the report is unfavorable because the document is not admissible or a lack or insufficiency of authorization is observed, 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 application will be rejected and the status will be changed to "Denied".

Other practical issues to highlight regarding the registration of performances:

• The person granting the power of attorney can grant a representation without attaching any document ( apud acta representation); they 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.

• While the integration with other Electronic Power of Attorney Registers is not operational, Certificates of Registration can be attached to APODERA, provided that they contain 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 assess any other official documentation that is not notarized or verified by a public notary, in any case verifying the sufficiency and guarantees of authenticity it confers for its registration in Representa.

Special care must be taken with type A powers of attorney as they confer the capacity to act on behalf of the principal 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, registrations in the register of associations can be considered reliable means of the existence of representation (as assessed by the legal advice that carries out the validation).

Certain documents may also be considered sufficient means to register certain representations for certain procedures, provided that they are presumably not susceptible to generating impersonations.

• You can also provide a certificate issued by the Commercial Registry with a CSV.
• In the case of the family book, it is common that, despite changes in format, it is accompanied as a document proving the representation. If this is the case, it must be an authentic copy or have a CSV that allows authenticity to be verified.

If this document is accompanied to carry out a specific procedure, for 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 considered completed if it is amended within the period of 10 days (art.5.6 LPACAP).
• If you plan to integrate with processing platforms, keep in mind that registration is not automatic: there is a time lag between the registration request and the representative's acceptance or until the advisory office validates the documentation.

In the "Entity data configuration" section, you can add an email to receive notifications with the list of representations that an entity has (Pending validations email). More info: https://suport-representa.aoc.cat/hc/ca/articles/4417809786769-Comencem-amb-el-Representa >> Entity data configuration

If you report an email address in this field, you will receive, once a week, an email with all the representations with the status "Pending validation" and "Under review" from your entity (on Mondays at 10 am).