The companies, as subjects obliged to interact electronically with the Public Administrations according to art.14.2 of the Law 39/2015, of 1 October, of common administrative procedure and of the Public Administrations (LPACAP), have to carry out the procedures electronically using the electronic identification and signature systems established for each case. The ideal situation would be for these legal entities to interact with the Public Administrations from their devices, but it is not always possible for them.
Therefore, although the LPACAP does not require the assistance of obligated persons, we are in a context of full transition to Digital Administration, so it is advisable that the Registration Assistance Offices (OAMR) also provide this assistance to people forced to interact electronically.
The assistance could consist of making spaces available to them with electronic devices that allow them to carry out the procedures from the OAMR's own headquarters. Therefore, companies must have an approved electronic identification and signature system, or ask the Administration how to obtain it.
Nothing prevents the representatives of companies from being allowed to sign by means of a biometric signature in these spaces, without prejudice to the need to accredit their representation through any system permitted by law, as long as the Register of Powers of Attorney provided for in the LPACAP is not available.
Legal Context
Law 39/2015
Article 53. Rights of the interested party in the administrative procedure.
“1. In addition to the other rights provided for in this Law, those interested in an administrative procedure have the following rights:
[...]
f) To obtain information and guidance on the legal or technical requirements that the current provisions impose on the projects, actions or applications that are proposed to be carried out. ”
Article 12. Assistance in the use of electronic means to interested parties.
“2. The public administrations must assist in the use of electronic means of the interested parties not included in sections 2 and 3 of article 14 who so request, especially with regard to the identification and electronic signature, the presentation of applications through the general electronic register and obtaining authentic copies.
Likewise, if any of these interested parties do not have the necessary electronic means, their identification or electronic signature in the administrative procedure may be validly carried out by a public official by using the electronic signature system of which they are equipped to that. In this case, the interested party who does not have the necessary electronic means must identify himself / herself to the official and give his / her express consent to this action, which must be recorded in the event of a discrepancy or litigation. ”
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