There are many times when a person cannot attend to some bureaucratic processes and you need help to carry them out, either by requesting it from a family member or friend, or by hiring an entity to do so. Because not only can a person be empowered to carry out all these procedures, but also companies can be the proxies and take all the steps. This happens, for example, with agencies, which have the power to file quarterly VAT returns or the Income Statement itself.
Well, these authorizations to third parties that come so well to many elderly people with difficulties to move or to understand some procedures, are specified in the legal system. Specifically in the Order HFP / 633/2017, of June 28, in which the models of powers registrable in the Electronic Registry of Powers of Attorney of the General State Administration and in the electronic registry of powers of attorney of the Local Entities. In addition, it establishes the valid signature systems to carry out the powers of attorney apud act through electronic means.
What does the Law say that is currently in force
As stated in the original text, “the law establishes the possibility of carrying out electronic powers of attorney apud act, in person or electronically, at no cost to the citizen. In this way, the interested party may empower another person, so that carry out paperwork on your behalf before one or more Public Administrations, with lower economic and time costs ”.
For its part, the Public Administration is required to have a general electronic proxy registry. “At the state level, this registry is the Electronic Registry of Powers of Attorney of the General Administration of the State, in which any of the equivalent registries already existing in other Public Administrations or organizations can be integrated”, it is pointed out.
What types of documents are in the current standard?
The standard also lists the documents that you can use in case you want to grant power of attorney to another person or entity to carry out your procedures. They are as follows:
- Model 1. A general power of attorney so that the attorney-in-fact can act on your behalf in any administrative action and before any Administration.
- Model 2. A power of attorney so that the attorney-in-fact can act on your behalf in any administrative action before a specific Administration, Entity or Organism.
- Model 3. A power of attorney so that the attorney-in-fact can act on your behalf only to carry out certain procedures specified in the power of attorney.
- Model 4. It is used to revoke the powers granted.
When some of these models are to be presented, it must be borne in mind that they must meet certain requirements and have characteristics that should be remembered. On the one hand, the authorization must be accepted by both the representative and the represented, that they will have to sign each one of the sheets that compose it. In addition, the procedures for which the document has been carried out will have to be duly specified.
Likewise, at the time the authorization is signed, it cannot be modified, and it will have to be accompanied with the documents that identify both the one it represents and the one represented. These might be the DNI, the NIE or the CIF in the case of a company.
In this case there are specifications on the documentation that must be included. “When the principal is a natural person, the signature will be made through an electronic DNI, recognized or qualified electronic certificate or other media incorporated in Cl @ vesystems, all of them integrated into the Cl @ ve platform, created by the Agreement of the Council of Ministers of September 19, 2014 ”. To which must be added: “When the principal is a legal person, the signature will be based on the information found in the qualified certificates of representation.”
It should be noted that the notifications received once the bureaucratic procedures have been carried out they will reach the attorney-in-fact (who will have to have an address for it), even those that arrive electronically. In this case, you can use your certificate to open and answer them if necessary.
Who can act through a representative?
Regarding who can grant powers to other people or entities to carry out bureaucratic procedures, there are the following natural or legal persons who have the capacity to act in accordance with civil norms; those who are minors for the exercise and defense of their rights and interests, and affected groups, the unions and entities without legal personality and the independent or autonomous patrimonies, in the cases in which the laws detail it.
On the other hand, it should be noted that any natural person with the capacity to act, as well as legal persons, have the possibility of acting as representatives or authorized persons.