Authorized representatives can now use electronic forms to register powers of attorney

The Secretary of State for Public Function has issued Resolution 12/2026, which updates the model for Annex IV of Order PCM/1384/2021, regulating the Electronic Registry of Powers of Attorney within the scope of the General State Administration (REA-AGE). This regulatory update introduces a significant procedural shift by allowing the acceptance of powers of attorney through a standardized electronic form, thereby streamlining the way representatives interact with the Spanish administration.

What changes

The core modification introduced by this Resolution is the update of the Annex IV model. Previously, the process for registering a power of attorney often required the submission of notarized documents that were not standardized. Under the previous framework, these documents required a manual legal verification process, known as bastanteo, by the corresponding legal service (art. 6.3 of Order PCM/1384/2021), which caused significant delays in the effectiveness of the representation.

With the new Resolution, the following changes are implemented:

• Dual Acceptance Capability: The acceptance of the power of attorney can now be performed by either the attorney (the person receiving the power) or the principal (the person granting the power) (art. Primero).
• Standardized Electronic Form: Instead of relying solely on notarized public deeds, the attorney can now use a standardized electronic form within the REA-AGE. This form acts as a private document with an electronic signature, fulfilling the requirements of art. 4.4 of Order PCM/1384/2021.
• Automated Verification: Because the new form is standardized and its content is pre-validated by legal services, the registry can verify the sufficiency of the document automatically. This eliminates the need for the individual bastanteo process that previously slowed down registrations (art. 6.3 of Order PCM/1384/2021).
• Digital Integration: The updated model will be fully integrated into the Apodera application, ensuring that the electronic equivalent of the form is immediately available for use (art. Tercero).

Context

This Resolution is part of a broader effort to modernize the Spanish Public Administration through digital governance. It is issued in accordance with Article 33 of Royal Decree 203/2021, which regulates the functioning of the public sector through electronic means. The REA-AGE was established to provide a centralized, secure registry for all powers of attorney used when dealing with the General State Administration.

The legal framework for this change is built upon Order PCM/1384/2021, which originally established the requirements for the registry. The current Resolution specifically updates Annex IV of that Order. This evolution is driven by the principles of administrative simplification, clarity, and proximity to citizens, as mandated by Article 3.1 of Law 40/2015 on the Legal Regime of the Public Sector. By moving away from non-standardized notarized documents toward standardized electronic forms, the administration reduces its management burden and provides faster legal certainty to the parties involved.

Who is affected and how

The impact of this regulation is widespread among anyone who needs to represent themselves or others before the Spanish General State Administration.

Individuals (Particulares)

Individuals who need to grant power of attorney to a third party (such as a lawyer or a family member) to manage administrative tasks will find the process much faster. The principal can now access the registry, identify themselves, and sign the electronic form through the systems provided in Law 39/2015, or even by appearing in person at an Assistance Office for Registry Matters (art. Primero). This reduces the cost and time associated with visiting a notary for every administrative representation.

SMEs and Self-Employed (Pymes and Autónomos)

For small and medium-sized enterprises and self-employed professionals, this change is highly beneficial. Businesses often need to appoint representatives to handle tax, labor, or commercial filings with the State. By using the standardized electronic form via the Apodera application, companies can avoid the administrative bottleneck caused by the legal verification of non-standardized powers. This allows for more agile management of corporate representation and ensures that representatives can act on behalf of the company without unnecessary delays (art. 4.4 of Order PCM/1384/2021).

Legal Professionals and Attorneys

Lawyers and professional representatives who frequently act on behalf of clients will benefit from the increased speed of the REA-AGE. The ability to use a private document with an electronic signature, rather than being forced to provide a notarized deed for every single task, significantly reduces the operational costs of professional practice. The standardized nature of the form ensures that the power of attorney is accepted more predictably by the administration.

What to do and when

This regulation does not impose new obligations on citizens; rather, it provides a new, more efficient tool for existing procedures. However, to take advantage of these improvements, the following should be noted:

• Effective Date: The new procedures and the updated Annex IV model enter into force on October 22, 2026 (art. Cuarto).
• Use of Apodera: When you need to register a power of attorney, check if the standardized electronic form via the Apodera application is applicable to your specific case. This is the most efficient route to avoid the delays of the bastanteo process.
• Digital Signature: Ensure that all parties involved (both the principal and the attorney) have valid electronic identification systems as required by Law 39/2015 to sign the new electronic forms.

For specific guidance on how to structure your corporate representation or to manage complex powers of attorney in Spain, we recommend consulting with the relevant department at BMC to evaluate your particular situation.