The companies, as subjects obliged to relate electronically with the Public Administrations according to art.14.2 of Law 39/2015, of October 1, on common administrative procedure and of the Public Administrations (LPACAP), have to carry out the procedures electronically using the identification and electronic signature systems established for each case. The ideal situation would be for these legal entities to relate to the Public Administrations from their devices, but it is not always possible for them.

For this reason, although the LCAPAP does not require assistance to be given to the obliged persons, we are in a context of full transition towards the Digital Administration, so it is convenient that the Registration Assistance Offices (OAMR) also provide this assistance to people obliged to relate electronically.

The assistance could consist of making available to them spaces 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 request the Administration how to obtain it.

Nothing prevents company representatives from being allowed to sign using a biometric signature in these spaces, without prejudice to the need to certify their representation using any system admitted by law, as long as the Powers of Attorney Register provided for by 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 provisions in force impose on the projects, actions or requests that are proposed to be carried out."

Article 12. Assistance in the use of electronic media to those interested.

"2. The public administrations must assist in the use of electronic means the interested parties not included in sections 2 and 3 of article 14 who so request, especially with regard to identification and electronic signature, the presentation of applications through the general electronic registration and obtaining authentic copies.

Likewise, if any of these interested parties does not have the necessary electronic means, their identification or electronic signature in the administrative procedure can be validly carried out by a public official by using the electronic signature system that is equipped for this In this case, it is necessary for the interested party who does not have the necessary electronic means to identify himself to the official and give his express consent for this action, a fact that must be recorded for cases of discrepancy or litigation."

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