Enabled electronic address mandatory in 2017

The enabled electronic address is in fashion. The government is sending a communication to all Spanish companies to inform them about the obligation to carry out procedures using an electronic certificate from January 1, 2017.

This letter needs clarification from the recipients, so we have received multiple queries asking us to explain its meaning.

To simplify things and to try to help those who have received the notification, we summarize it below:

• The email has been sent to inform you. No action should be taken due to its receipt.
• It is a circular reminding them of the obligation to interact with the Administration electronically.

Our clients already have this system enabled through the corresponding Electronic Certificate. You will always have to do the paperwork this way since it will not be possible to do it in person.

Below, we provide the complete communication from the Treasury:

Dear DEH user:

As you know, in order to promote electronic Administration in Spain and improve service to citizens, la Law 39/2015, of October 2, on the Common Administrative Procedure of Public Administrations, has established the obligation to interact electronically with the Administration for specific subjects in art. 14.2, these subjects are the following:

1. Legal persons.
2. Entities without legal personality.
3. Those who exercise a professional activity for which mandatory membership is required for the procedures and actions they carry out with Public Administrations in the exercise of said professional activity. In any case, notaries and property and commercial registrars will be understood to be included within this group.
4. Those who represent an interested party who is obliged to interact electronically with the Administration.

This obligation implies that the submission of all types of information, requests and acts between any Public Administration and the obliged subject, and vice versa, will be carried out by electronic means. Consequently, we would like to inform you of some aspects that may interest you to interact with the Administration of Justice from now on.

Therefore, we set out below the conditions that apply to you by its specific regulations:

• With regard to the judicial bodies located in Autonomous Communities that have not transferred powers in matters of Justice (Baleares, Castilla León, Castilla La Mancha, Extremadura, Murcia, Ceuta, Melilla, in addition to the Supreme Court and the National Court), in accordance with article 273.3 of the Law of Civil Procedure, from On January 1, 2017, the obligation of electronic relations is specified in the following aspects:

• • Presentation of writings and documents by legal persons: Legal persons must present the writings and documents addressed to the judicial bodies of the territory of the Ministry of Justice, through the Electronic Judicial Office of the Ministry of Justice, except in the cases of defense by a Lawyer and representation by a Procurator, which will be subject to the provisions of article 273.1 of the Law
  • Sending communication to legal persons: All acts of judicial communication that the judicial bodies of the territory of the Ministry of Justice carry out to legal persons will be carried out through your Authorized Electronic Address (DEH) of the Ministry of Finance. Once the act of communication is correctly issued, you will have three days to access its content unless you duly justify the lack of access to the notification system during that period. When the act of communication exceeds the capacity of the system, it will be carried out in accordance with articles 152 and 155 of the Law

All information regarding the submission of documents by legal entities and the practice of acts of communication by judicial bodies with them is available at the electronic Judicial Headquarters of the Ministry of Justice (http://sedejudicial.justicia.es/)

• With regard to the relationship with the judicial bodies of the Autonomous Communities with

You can consult the legislation applicable to the content of this communication at:

• • Law 1/2000, of January 7, on Civil Procedure Articles: 152, 155 and 273
  • Real Decree 1065/2015, of November 27, on electronic communications in the Administration of Justice in the territorial scope of the Ministry of Justice and regulating the LexNET system. Article 11.1 c).

< You also have at your disposal the Frequently Asked Questions about the new regulations.

Finally, we remind you that from October 2, you can receive notifications or communications from any Public Administration through any channels established by Law 39/2015 or several simultaneously. These channels are the electronic headquarters of the notifying body and the Authorized Electronic Address (DEH). In the latter case, you do not need to register all the procedures; the DEH will do it for you. These notifications and communications will also be available to you through the General Access Point – Citizen Folder (http://sede.administracion.gob.es/carpeta/clave.htm</ a>).

We hope that this information is of interest to you and that it results in more straightforward and more comfortable relations with your Public Administration.

Kind regards,
General Secretariat for the Administration of Justice
General Secretariat for Digital Administration

As we told you at the beginning of this post, our clients already have their email address enabled. Contact us if you need it; we will help you manage it.

If you need to know more, you can consult our service Tax Consulting.