A power of attorney is an administrative act by which interested parties may designate another person, natural or legal, to act on their behalf in certain proceedings or actions before the public administration.
What is the Electronic Register of Powers of Attorney (REA)?
The Electronic Registry of Powers of Attorney of the State General Administration or REA-AGE is an electronic registry that allows for the registration of representations that interested persons grant to other persons to act on their behalf, either electronically or in person, before the State General Administration (AGE) and its dependent or associated public bodies and public law entities.
This is one of the many reasons why BarcelonaGlobalService always recommends that clients have a Digital Certificate, as this tool will be very useful, among other procedures, to authorize a representative, in a fully electronic manner, to act on their behalf and to carry out other procedures with the Spanish Public Administration.
– How can a power of attorney be conferred?
Registration of a power of attorney can be done either by the person granting it or by a proxy, whether they are individuals or legal entities. In the latter case, they are obliged to appear electronically with an electronic power of attorney certificate.
In-person appearance takes place at a Registry Assistance Office.
Electronic appearance takes place through the General Access Point of the State General Administration:
– What types of powers of attorney can be registered in the REA-AGE?
There are three types of powers of attorney that can be registered in the REA-AGE:
– Type a: general power of attorney for any administrative action before any public administration.
– Type b: general power of attorney for an administration and its public bodies or for a public agency or body.
– Type c: power of attorney for certain proceedings.
– How can the grant of power of attorney be credited?
When the registration of power of attorney is initiated by an authorized person, he or she must provide a notarized power of attorney or a private writing electronically signed by him or her and the person granting the power of attorney, stating his or her willingness to authorize the authorized person to act electronically on his or her behalf before the Public Administrations.
Private deeds with electronic signatures can only be submitted electronically.
– How can natural persons apply for registration?
Pursuant to Article 14.1 of Law 39/2015, dated October 1, on Common Administrative Procedure for Public Administrations, natural persons may register a power of attorney by appearance in person or by telematic means, as stated in the previous point.
An exception to this general rule is the situation where natural persons act as representatives of legal persons. In this case, the appearance must be by telematic means, as they are considered to be obligated by telematic means, as stated in Article 14.2 d) of Law 39/2015, dated October 1.
– How can legal persons apply for registration?
Whether the power of attorney is registered by the person granting it or by an authorized person, if one of them is a legal person, it is obliged to relate to the Public Administration electronically (electronic obligation), as stated in Article 14.2 (a) of Law 39/2015 of October 1 on the Common Administrative Procedure of Public Administrations.
– Is it possible to request the registration of a power of attorney through the Electronic Registry?
No. If there is a specific electronic procedure, as in the case of registration of a power of attorney in the REA, if the application is sent through the Electronic Registry, it can be rejected. This is stipulated in Article 16.8 of Law 39/2015, dated October 1, and Article 37.4 of Royal Decree 203/2021, dated March 30.
– What can an interested party do as a proxy via the Internet?
– Register a power of attorney for one or more proceedings
– consult his or her power of attorney
– extend the validity of one’s power of attorney
– revoke powers of attorney
– What can a person with power of attorney do online?
– Consult their powers of attorney
– Renounce proxies
– Accepting proxies
BarcelonaGlobalService is all about digitizing administrative procedures!
– For what procedures can I grant a power of attorney?
You can register a power of attorney so that an authorized person can act on behalf of an authorized person in all those procedures and actions that have been previously registered in the Administrative Information System (AIS) with the capacity to be initiated by an authorized person on behalf of an authorized person.
Such procedures must be initiated by appearance at the electronic office of the appropriate processing unit when some of the parties involved (the party granting power of attorney or the proxy) are electronically obligated; otherwise, when both are not, the procedure may be initiated in person at a registry service office.
To find out which procedures offer this possibility, consult the websites of each unit.
There are many important procedures that a representative can carry out remotely, without the physical presence of the principal, but the most important are those with the Internal Revenue Service, the Social Security Administration, the Ministry of Justice, the Ministry of Education, local councils, autonomous communities, and many other state and local public agencies.
– Does the authorized person have to give explicit consent?
If the power of attorney is registered by the person who granted it, either electronically at the PAG office or in person at an Office of Master Assistance (OAMR), the authorized person must subsequently appear in person to accept the power of attorney. Only at this point does the power of attorney become authorized and can be used to initiate the relevant procedures.
If the power of attorney is registered by the authorized person through electronic appearance, the power of attorney will become authorized once the power of attorney has been signed and the attachment has been certified by the relevant legal services. If the authorized person registers the power of attorney with an OAMR, he or she must attach the Annex IV of acceptance of the power of attorney, once registered, in order for the power of attorney to move to the status pending authentication. The power of attorney will move to the authorized status when the corresponding legal representative has issued a favorable report.
Don’t have an NIE (or Spanish DNI) or digital certificate yet? If you are interested in the electronic power of attorney procedure, you must have both.
– When does a power of attorney become effective?
A power of attorney becomes effective when it reaches the status of «Authorized,» that is, it is in force, either because the incumbent attorney has accepted it after the principal’s registration, or because a legal advisor has issued a favorable certification report stating that the power of attorney submitted by the incumbent attorney at the time of registration is sufficient and sufficient to produce the intended effects.
– How long does a power of attorney last?
The maximum period of validity cannot exceed 5 years. Decorate from the moment of registration and the registrant is required to indicate the validity end date, which can be extended at the request of the interested party. The extensions cannot exceed the maximum of 5 years indicated. At the end of this period, the request will expire and it will be necessary to register a new one if you wish to continue to deal with the Public Administration through a representative.
– Can I revoke a proxy?
Yes, the proxy may be revoked at any time, even after the proxy has been accepted. This administrative act will be registered in the REA-AGE.
– How do I prove my identity?
With a valid electronic Spanish ID card or recognized digital certificate (essential requirement).
It is essential that the person who wants to authorize a representative through this digital tool (electronic proxy) has NIE (or Spanish DNI) and Digital certificate, which from BarcelonaGlobalService we can activate both in person and remotely.
Among the many services offered by BarcelonaGlobalService, the apoderamiento electronico is definitely one of the most technological and useful: we can set up and register your powers of attorney electronically, without your physical presence, in just a few hours
Do you urgently need to activate an electronic power of attorney (Apoderamiento electronico) remotely? Contact BarcelonaGlobalService now at francesco@barcelonaglobalservice.com or through our online contact form (https://barcelonaglobalservice.com/contacto/)
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