Until each local entity has the general electronic register of powers of attorney (at the latest until 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 for each procedure, in the case of acting on behalf of the applicant, what is the form in which this representation is accredited. As an example:
- In some cases, the application of the literal meaning of the Law implies that procedures that were previously carried out immediately by the assistance offices in matters of records (known types of minimal work, temporary occupations of public roads due to moving , garbage bags...), in which the accreditation of the representation was not expressly requested, with the entry into force of the new regulations it would oblige to accredit it even in these cases which would imply a increase in administrative burdens for citizens.
A possible solution in these cases would be to maintain the simplification of its processing, while incorporating a responsible declaration 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, it will be necessary to:
- Powers of attorney can be granted apud acta in person from the registration assistance offices, while registering this power of attorney in the register.
- Those interested may also grant electronic apud acta proxies through the electronic headquarters, while using electronic signature systems, and the procedures made available to them will need to include the connection to this register to verify accreditation.
A specific case is that of the representation of a President of an entity: if the entity is registered in the Municipal Register of Entities, the local body, in application of art. 28 Law 39/2015, of October 1, on common administrative procedure of Public Administrations, must verify the representation in this Register. This obligation can be an opportunity to update the Municipal Registers of local entities.
Article 5. Representation.
"3. In order to make requests, submit responsible statements or communications, file appeals, withdraw actions and waive rights on behalf of another person, representation must be proven. For acts and management of mere procedure, this representation is assumed.
4. The representation can be proven by any legally valid means that provides reliable evidence of its existence.
For these purposes, the representation effected by means of "apud acta" power of attorney made by personal appearance or electronic appearance at the corresponding electronic headquarters, 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 status of representative and of the powers recognized at that time. The electronic document that accredits the result of the consultation in the corresponding electronic power of attorney register has the condition of accreditation for these purposes.
6. The lack of accreditation or the insufficient accreditation of the representation does not prevent the act in question from being considered to have been carried out, as long as it is provided or the defect is repaired within the period of ten days that must grant the administrative body for the purpose, or a higher term when the circumstances of the case so require."
Article 6. Electronic records of powers of attorney.
"1. The General Administration of the State, the autonomous communities and 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 anyone who has the status of an interested party in an administrative procedure in favor of a representative, to act on their behalf before the public administrations. The validation of the power of attorney must also be stated. In the state level, this register is the Electronic Register of Powers of Attorney of the General Administration of the State."
The solution must guarantee the legal provision that is a register fully interoperable with other registers, while 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 the general and particular electronic registries of powers of attorney.
The entries in these records must contain, at least, the following information:
a) Name and surname or denomination or company name, national document
identity card, tax identification number or equivalent document of the power of attorney.
b) Name and surname or denomination or company name, national identity document, tax identification number or equivalent document of the authorized representative.
c) Registration date
d) Period of time for which the power of attorney 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 Organization
c) A power of attorney so that the proxy can act on behalf of the power of attorney solely for the performance of certain procedures specified in the power of attorney.