Proxy Apud Acta

What does Apud acta mean? Undoubtedly, a question that many may not have asked themselves, but which is absolutely essential for those who are going to face a legal proceeding that requires the representation of a procurator. Therefore, here we would like to focus on this concept and explain in detail what it is used for.

What is an Apud acta proxy?

Let us begin by briefly explaining the meaning of Apud acta. It is a Latin term (a dead language that is still commonly used to define certain concepts in law) that literally means "within the minutes", but is more commonly defined as "in the same file".
This already gives us an idea of what an Apud acta power of attorney is. The Real Academia Española de la Lengua (RAE) defines it as "the documented legal act of empowerment by which a procurator is given the power of representation in any legal proceeding". It must always be formalised before the corresponding notary public.
Therefore, Apud acta is an essential power of attorney in all legal proceedings that require the figure of a procurator to defend the rights of the interested party.

Who is a procurador and what does he/she do?

The procurator is an essential figure in our judicial administration. Why? He or she represents his or her clients before the courts and tribunals. In other words, he or she is the person who carries out all the necessary procedural acts during the proceedings on behalf of the person who has hired him or her.
However, based on the provisions of Article 24.1 of the Spanish Civil Procedure Act (LEC), the work of the procurator cannot be carried out if the client has not previously granted him/her the relevant power of attorney. In this respect, the law considers notarial powers of attorney and Apud acta powers of attorney to be equivalent.
This is so with the exception of the provisions of Article 23 of the LEC on oral proceedings and order for payment proceedings, which do not require the figure of a procurator. These are the specific cases in which their services can be dispensed with:

• Oral proceedings if the amount claimed is less than €2,000.
• Universal trials if the appearance is limited to the presentation of rights or debt instruments.
• Payment order proceedings in general.
• When requesting urgent measures prior to trial and in incidents relating to challenges to decisions on free legal aid.

How to grant a power of attorney Apud acta?

Now that we have explained what Apud acta is, we must explain how to grant it to a specific attorney. There are two ways.

It is possible to obtain the Apud acta in any court. To do so, all you have to do is go to the Legal Advisor of the Administration of Justice and grant it by providing the information of the procurator to whom you want to grant the powers of representation.

The other does not require you to leave your home as it is possible to manage it through the virtual headquarters of the Ministry of Justice. However, in order to grant the electronic Apud acta, you must have a digital certificate or electronic ID that allows you to identify yourself and carry out procedures with the Public Administration. In addition, you can not only grant it, but also consult it and revoke it.

Advantages and disadvantages of the Apud Acta power of attorney

It is possible that, at this point, you may ask yourself another question: why choose the Apud acta power of attorney instead of the traditional power of attorney? These are the advantages it offers over the traditional power of attorney:

• Apud acta power of attorney is free of charge. On the other hand, if you opt for a power of attorney, you will have to pay the notary's fees.
• It is possible to obtain it over the Internet, while the notary will require your presence and your signature to attest the power of attorney.
• It is possible to process the Power of Attorney Apud acta in any court, even if it is not the same court in which the legal proceedings are taking place.

However, the use of the power of attorney Apud acta also entails some risks. Bear in mind that this procedure grants absolute powers of representation to the procurator without the user, in some cases, being able to know or limit them (although it is true that they can be revoked at any time).
Furthermore, although it is normal to hire the procurator, the power of attorney Apud acta and lawyer is not obligatory. Problems can arise if the former, in his or her representation, does not maintain good communication with the lawyer.

Some conclusions on Apud acta powers of attorney

In short, being free of charge, equivalent to a power of attorney and very easy to execute, powers of attorney apud acta are the order of the day. However, before doing so, you should be aware of the risks mentioned above. Only then will you get the maximum benefit from appointing a procurator to represent you.