Until each local entity has the general electronic register of powers of attorney (no later than April 2, 2021), it will be necessary to articulate mechanisms to be able to accredit this representation:
- It will be necessary to provide in the forms of each procedure, in the case of acting on behalf of the applicant, what is the way in which this representation is accredited. As an example:
- In some cases, the application of the literal nature of the Law implies that procedures that were previously carried out immediately by the assistance offices in the matter of records (informed types of minimum work, punctual occupations of public roads for removals , sacks of rubble…), in which the accreditation of the representation was not expressly requested, with the entry into force of the new regulations would oblige to accredit it even in these cases which would imply a increase in administrative burdens for citizens.
A possible solution would be to maintain the simplification of its processing in these cases, incorporating a responsible statement in relation to the accreditation of the representation and the subsequent verification by the processing body, if applicable.
When we have the general electronic register of powers of attorney, we must:
- Powers of attorney in matters of registries may be granted powers of attorney apud acta in person, by registering this power of attorney in the register.
- Interested parties may also grant electronic power of attorney through the electronic office, using electronic signature systems, and the procedures made available to them must include the connection to this register to verify accreditation.
A specific case is that of representation of a President of an entity: in the event that the entity is registered in the Municipal Register of Entities, the local body, in application of art. 28 Law 39/2015, of 1 October, on common administrative procedure of public administrations, must verify representation in this Register. This obligation may be an opportunity to update the Municipal Registers of Local Entities.
Law 39/2015:
Article 5. Representation.
“3. Representation must be accredited in order to make applications, submit responsible statements or communications, file appeals, withdraw actions and waive rights on behalf of another person. For mere acts and proceedings, this representation is presumed.
4. The representation may be accredited by any valid legal means that leaves a reliable record of its existence.
For these purposes, the representation made by proxy "apud acta" made by personal appearance or electronic appearance at the corresponding electronic office, or through the accreditation of its registration in the electronic register of powers of attorney of the Administration, is understood to be accredited. competent public.
5. The body competent to process the procedure must include in the administrative file the accreditation of the condition of representative and of the powers that it has recognized at that time. The electronic document accrediting the result of the consultation in the corresponding electronic register of powers of attorney has the condition of accreditation for these purposes.
6. The lack of accreditation or insufficient accreditation of the representation does not prevent the act in question from being taken for granted, provided that it is provided or the defect is repaired within a period of ten days. to grant for this purpose the administrative body, or of a longer term when the circumstances of the case so require. ”
Article 6. Electronic registers of powers of attorney.
"1. The General State Administration, the Autonomous Communities and the local entities have a general electronic register of powers of attorney, in which at least those of a general nature granted" apud acta ", In person or electronically, by the person who has the status of interested party in an administrative procedure in favor of a representative, to act on his behalf before the public administrations. There must also be the validation of the power of attorney. At the state level, this register is the electronic register of powers of attorney of the General State Administration. ”
The solution must ensure that the legal provision is a fully interoperable register with other registers, allowing the consultation of other similar administrative registers, the commercial register, the property register and the notarial protocols, which also have the obligation. to be interoperable with general and particular electronic records of powers of attorney.
Entries in these records must contain at least the following information:
a) Name and surname or denomination or company name, national document
of identity, tax identification number or equivalent document of the power of attorney.
b) Name and surnames or denomination or company name, national identity document, tax identification number or equivalent document of the proxy.
c) Date of registration
d) Period of time for which the power is granted.
e) Type of power
Types of powers:
a) A general power
b) A power of attorney so that the proxy can act on behalf of the proxy in any administrative action before a specific Administration or Body
c) A power of attorney so that the proxy can act on behalf of the power of attorney only for the performance of certain procedures specified in the power of attorney.
