How is a representation created?

All representations must contain the following information:
• The principal (name/company name i NIF): can be a natural person o or a legal entity.
• The representative (name/company name i NIF): can be a natural person o or a legal entity.
• Type of power of attorney: it can be "General", "A an organism" o or "A procedures". You can consult more details a <a href="https://suport-representa.aoc.cat/hc/ca/articles/4417801368593-Qu%25C3%25A8-%25C3%25A9s-una-representaci%25C3%25B3-" target="_blank" rel="noopener noreferrer">Types of proxies (section Types of powers of attorney).
• Capacity for a which is granted representation for procedures: it can be: “All”, “Consult”, “Process” i/o “Receive notifications”.
• Validity of l'power of attorney: indicates the period that l'power of attorney will be valid.
• Processing attended to: if it is necessary for the official to carry out the processing on behalf of the interested party.
• Attached documentation that must be provided to a prove representation. See l' section on Obtaining application templates.

In the event that l'power of attorney is created for a a particular entity (power of attorney of the type “A an organization”), the Organization field must be informed with l'entity before which the representation is granted.

In the event that l'authorization is created for a a procedure o or a set of procedures (authorization of the type “A procedures”), the following fields must be reported:
• Organization, with l'ens before which representation is granted.
• Procedure(s) for which representation is granted. It is possible to first choose the family of procedures, in order to facilitate the selection of the list of procedures a grant representation

Once you have provided the representative's i principal's details, you will see tabs, as shown a in the following image:

You must activate the Registration tab, which will already be activated by default, i fill in the fields as described a What do I need to a create a representation?.

If you need more details on how to register based on the Type of Power of Attorney, you can consult the following points:

• How to register a general power of attorney.
• How to register a power of attorney a an organization.
• How to register a power of attorney for a a procedure a an organization.

Si. According to the arguments that will be presented a below, legal entities would be obliged a to i manage powers of attorney electronically.

Granting a power of attorney is not an administrative procedure but the ability to act in the administrative procedure, a prerequisite for acting.

If we look at l'article 14 of the LPAC, “Right i obligation to relate -se electronically with the Public Administrations” (systematically located a the Law in Title II “On l'activity of the Public Administrations” chapter I “General rules of action”), there is a disparate wording regarding a the relationship of natural persons i legal persons with l'Administration.

L'article mentions the possibility of natural persons to relate electronically o not with the public administrations i, among these relationships, a more than the administrative procedure, expressly indicates communication with l'Administration. On the other hand, in point 2 it specifies that for a legal persons there is an obligation to relate electronically with the public administrations ú to a carry out any procedure of an administrative procedure.

Therefore, for a legal persons the administrative relationship refers to a formalities of an administrative procedure i for a natural persons it is considered that this relationship can be a mere communication.

Considering this discrepancy, this article is not within the <a href="https://www.boe.es/buscar/act.php?id=BOE-A-2015-10565&p=20200923&tn=1#tiv" target="_blank" rel="noreferrer noopener"> TTitle IV of the provisions on the common administrative procedure i that, a moreover, the will of the legislator with the laws 39 i 40 is to advance in the implementation of l'electronic administration, a systematic interpretation is made in accordance with l'the spirit of the norm i electronic processing is considered mandatory for a certain groups, including legal entities.

From the Representa application itself, you can generate i print the registration application documents, modification i of processing given that it is necessary to fill in i and sign the person requesting the registration o modification of a representation.

You will find the different templates in the right side margin, a the “Document Templates” tab.

• Registration : to request the registration of a new representation that did not previously exist.
• Modification : to make changes to an existing representation, whether to accept, renounce, revoke o or request an extension. We have consolidated these processes into a single form to simplify your options.
• Processing Attended : to authorize the authorized official a to process on behalf of the person appearing.

Additionally, in relation to applications for registration of a representation, to avoid the applicant having to fill out the application by hand, sign it and generate an authentic copy of it to incorporate it into the platform, a pre-filled application is offered.

In this way, the manager can enter the data of the i representative, as well as the data of the representation i download- the pre-filled application, so that the applicant can sign it i the authentic copy can be generated to include-the a platform.

You can get more information a: How to download a completed pre-application.

In relation to applications for registration of a representation, to avoid the applicant having to fill out the application a by hand, sign-the i generate an authentic copy of it to incorporate-the a the platform, a pre-application is offered automatically filled in by the platform, as follows:

1.- The manager must enter the data of the representative i, as well as the data of the representation

2.- Then you must click “Download application”, which will download a pdf.

3.- The downloaded document is the pre-application filled in with the details of the applicant, proxy, representative irepresentation.

4.- This pre-filled application only needs to be signed by the applicant i and an authentic copy will be generated to attach-to the a platform.

To register a representation, the first thing the platform asks us to do is enter the TRA21 identification number of each party.

Once entered, the platform validates if the núidentification number already exists o not a the platform i if it already exists, loads the data saved there:

However, if it does not exist, the i construction validates it based on this:

• if it is a NIF of an individual, it tells us i asks us to enter name, surname i contact details - email- and i/o telephone - (if we authorize the receipt of notices):

• if it is a NIE of an individual, it tells us i asks us to enter name, surname i contact details - email- and i/o telephone- (if we authorize the receipt of notices):

• if it is a NIF of a legal entity, it tells us i asks us to enter the company name i contact details - email- and i/o telephone - (if we authorize the receipt of notices):

• if it is not a NIF or NIE, it indicates that it will be treated as a passport i asks us to enter name, surname i contact details - email- and i/o telephone- (if we authorize the receipt of notifications):

In this sense, it is a recommended practice to authorize the receipt of notifications so that interested parties receive a notification each time there is a change in the status of the representation (either by mail-e, by telephone o in both ways, depending on the data entered). Therefore, contact details are not mandatory but recommended.

A the Registration tab, select as a type of authorization l' General option:

The following fields must be reported:

• Capacity for a which is granted representation for procedures. This capacity can be: “All”, “Consult”, “Process” i/o “Receive notifications”.
• Validity: period of time that the representation will remain in effect. Is there a maximum period?
• Assisted processing: if it is a power of attorney “apud acta” through personal appearance a a the assistance offices in matters of registration. You can consult l'section of Attaching documentation for a a processing assisted by a to have more information about this process.
• Attached documents: you must include all the necessary documentation to a be able to prove the representation. You can consult the l section on Attaching documentation a a representation to a have more information about this process.

Once all the fields have been filled in, click on the button , i the platform, will automatically redirect the representation to the following states:

• Pending acceptance: if the representation has been created a instance of the principal i has no attached documentation a validate, pending l'acceptance by the representative
• Pending validation: if the representation has attached documentation that supports the representation (a a instance of the principal o representative has been created) i it must be reviewed by the validator profile.

It should be noted that a General power of attorney implies not having other types of powers of attorney active, specifically:

• Power of attorney “A an organization” , so that the l'authorized person can act on behalf of the principal in any administrative action before an Administration o a specific organization.
• Power of attorney “a procedures” , so that the l'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 o body.

A the Registration tab, select as a type of authorization l'option of A an organization :

The following fields must be reported:

• Capacity for a which is granted representation for procedures. This capacity can be: “All”, “Consult”, “Process” i/o “Receive notifications”.
• Agency: body before which the representative may act on behalf of the principal for a any administrative action in this agency.
• Validity: period of time that the representation will remain valid.
• Assisted processing: if it is a power of attorney “apud acta” through personal appearance a a the assistance offices in matters of registration. Consult l'section of Attaching documentation for a a processing attended by a to have more information about this process.
• Attached documents: you must include all the necessary documentation to a be able to prove the representation. See l'section on Attaching documentation a a representation for a more information on this process.

Once all the fields have been filled in, click on the button , i the platform, will automatically redirect the representation to the following states:

• Pending acceptance: if the representation has been created a instance of the principal i has no attached documentation a validate, pending l'acceptance by the representative
• Pending validation: if the representation has attached documentation that supports the representation (a a instance of the principal has been created o representative) i it must be reviewed by the validator profile

It should be noted that a power of attorney “A an organization” implies not having other types of powers of attorney active, specifically:

• “General” power of attorney, so that the l'authorized person can act on behalf of the principal in any administrative action before any Administration.
• Power of attorney “A procedures” , so that the l'proxy can act on behalf of the principal only to carry out certain procedures specified in the power of attorney before this Administration.

A the Registration tab, select as a type of power of attorney l'option of A procedures :

The following fields must be reported:

• Organization: entity before which the representative may act on behalf of the principal to a carry out certain procedures in this organization.

• Capacity for a which is granted representation for procedures. This capacity can be: “All”, “Consult”, “Process” i/o “Receive notifications”.
• Procedure: select procedure/s, for which l'power of attorney is granted. The list of procedures can also be chosen a from a family of procedures. Selecting a family of procedures means that we are granting representation for a each of the procedures that make up this family.
  • IMPORTANT: if a procedures are added to a family, it does not mean that new representations are granted to the representative.
  • IMPORTANT: if a a family has procedures removed from it, it does not mean that the representations granted to the representative are revoked/waived.

• Validity: period of time that the representation will remain valid.
• Assisted processing: if it is a power of attorney “apud acta” through personal appearance a a the assistance offices in matters of registration. Consult l'section of Attaching documentation for a a processing assisted by a to have more information about this process
• Attached documents: you must include all the necessary documentation to a be able to prove the representation. See l'section on Attaching documentation a a representation for a more information on this process.

Once all the fields have been filled in, click on the button , i the platform, will automatically redirect the representation to the following states:

• Pending acceptance: if the representation has been created a instance of the principal i has no attached documentation a validate, pending l'acceptance by the representative
• Pending validation: if the representation has attached documentation that supports the representation (a a instance of the principal has been created o representative) i it must be reviewed by the validator profile

It should be noted that a “A procedures” power of attorney implies not having other types of powers of attorney active, specifically:

• “General” power of attorney, so that the l'authorized person can act on behalf of the principal in any administrative action before any Administration.
• Power of attorney “A an organization” , so that the l'authorized person can act on behalf of the principal in any administrative action before this entity.

The way to carry out a representation with attended processing, a operational level is the same as a representation without attended processing. The only difference is that you must:

1. mark this case when performing l'registration
2. attach the request for processing in which the applicant authorizes the public worker úpublic a to carry out l'registration of the representation
3. sign l'registration by the public worker at the end of-the

A legal level, however, it is necessary that public workers who carry out this task are considered qualified civil servants.

In the process of registering a representation, documentation must be provided to a be able to legally justify the representation.

The request submitted by the person appearing must always be attached, whether it is a registration request, a modification/deregistration request o or a request for processing to be attended to.

Additionally, if the representation is based on previously existing documentation, this must also accompany the application.

If no other document is attached a besides the request of the person appearing, the representation will go a “Pending acceptance”, a l'waiting for l'other party l'to accept. On the other hand, if more documentation is attached, the representation will go a “Pending validation” for a l'analysis i review of the “Validator” profile of l'specific administration, which will decide whether l'accept o or deny it.

To a attach the documentation, you must:

• Select the type of documentation that we want to incorporate a the registration. It is very important that you correctly indicate the type of document, since the platform requires that you attach at least a document of the "application" type so that the representation can be registered. Additionally, if you attach other documentation, you must correctly classify it as "Power of Attorney" o "Others".
• Describe the documentation you are incorporating.
• I finally, incorporate the document. This can be done in 3 different ways
  • Generating an electronic copy with the CÒPIA service of the AOC Consortium.
  • Uploading an electronic copy generated through other services of authentic electronic copies of paper documents.
  • By reporting the CSV code of the document, to a know the existence of the power of attorney i download the simple copy of the notarial power of attorney. (The secure verification code (CSV) is a code that is found a each document i is a unique reference that allows access to the same document in electronic format to verify-ne its authenticity). More information: <a href="https://www.aoc.cat/knowledge-base/que-es-i-que-fa-el-representa/idservei/representa/" target="_blank" rel="noreferrer noopener">What is i what does the Representa do? Section: Is Representa integrated with other power of attorney registries?

Once all the data has been entered, click on the Save button, i you will return a to the performance registration screen/tab.

When this processing case is selected:

The service informs that at the time of registration of the representation, the authorized official will need to sign this representation on behalf of the citizen. It is for this reason that when this option is selected, the first document that must be incorporated a the registration of this representation, is precisely the document of delegation of signature that the citizen makes to the authorized official:

In this case, you must inform:

• Description: description of the type of document that we provide a the representation. In this case it is the “ Request for delegation of signature ”
• Document: you can incorporate the "paper document" provided by the citizen, through:
  • Generating an electronic copy with the CÒPIA service of the AOC Consortium.
  • Uploading an electronic copy generated through other services of authentic electronic copies of paper documents.

To modify the data, a the home screen, you must include the NIF o passport of the person requesting the modification i press “Modify”.

Then, you can change the data:

• Name
• Surnames
• Email-e
• Telephone
• Allow o not to receive platform notifications

Once the data has been modified, you must press “Save” i the data will now appear modified.

The platform checks that there are no matching representations between two people, preventing their creation.

In this way, if you create a representation that completely coincides o partially in scope i/o time with another, this error message appears: i generation is not allowed.

As we can see, it does not let us create the representation a l'Barcelona City Council, with the capacity all, for the period 26/9/2020-26/09/2021 given that previously between these two people a General power of attorney had already been granted with the capacity All for the period 26/9/2020-26/10/2020 which partially coincides with the previous l'.

When Law 39/2015, of 1 October, on the common administrative procedure of public administrations regulates the functions of assisting interested parties (to a sign documents on behalf of interested parties who are not obliged to i make authentic copies), l attributes this to public officials. A Furthermore, this authorization must be registered in the Register of Qualified Officials.

Although the seventh final provision, on the entry into force of the law, uses the expression “ public employees ”, there is a doctrinal consensus in stating that the legislator's intention is to designate civil servants in the strict sense (career or interim) to carry out these functions.

A In practice, however, many public entities (especially the smallest ones) do not have civil servants on staff, which can pose a problem from the point of view of the operation of REPRESENTA since, in theory, they will not have any material means of assisting those interested.

In accordance with Law 39/2015, of October 1, representations registered in the electronic registers of powers of attorney will have a maximum validity of 5 years from the date of registration, without prejudice to the fact that, before the end of this period, the principal extends o revokes this power of attorney.

In the event of an extension, the maximum duration of the representation will be 5 years a from the date of your registration i the validity of your registration may be successively extended within the 5 years established by a.

S'must take into account that the duration of the positions of public limited companies is 6 years (Royal Legislative Decree 1/2010, of July 2). Therefore, it may be the case that a legal representation based on notarial powers of attorney, duly registered a REPRESENTS prior validation of the powers, is recorded as a expired because 5 years have passed but the power of attorney on which the registration is based remains valid, remaining 1 year.

In this case, if the representative performs any action on behalf of the principal, he/she should provide a copy of the ldeed o or register a new representation for a period of 1 year.

You can consult the <a href="https://suport-representa.aoc.cat/hc/ca/articles/6095609375389" target="_blank" rel="noopener noreferrer">procedure for extensions