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Omar Assoc RICS prep > Conduct rules, ethics and professional practice > Flashcards

Conduct rules, ethics and professional practice Flashcards

1
Q

What rules set out the standards of professional conduct and practice expected of members and firms registered for regulation by RICS.

A

RICS rules of conduct for members

RICS rules of conduct for firms

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2
Q

What does a firm need to do to conform with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017?

A
  • Money Laundering and terrorist financing risk assessment
  • Implement systems, controls and procedures to address the terrorist financing risk assessment
  • Apply the above across firms structure
  • Adopt appropriate internal controls
  • Provide training for staff
  • Comply with Customer Due Dilligence (CDD), Enhanced Due Dilligence (EDD) and Simplified Due Dilligence (SDD)
  • Comply with regulations for Politically Exposed Persons (PEP)
  • Record keeping and data protections are compliant
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3
Q

Who manages complaints at the RICS?

A

Head of regulation

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4
Q

Why would you want to be a member of the RICS?

A
  • Part of a large network of 130k other members
  • international recognition by clients and peers
  • competitive advantage - known mark of quality
  • consumer protection for clients due to strict rules of conduct & global professional ethical standards
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5
Q

Where are hearings posted for claims/cases against surveyors?

A

In the back of Modus.

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6
Q

Why should a chartered surveyor remain solvent?

A
  • It’s a rule for members and firms (rules of conduct)
  • Could be vulnerable to bribery
  • Doesn’t promote trust in the profession.
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7
Q

Why do firms have to have PI insurance?

A
  • To protect the client in the case of poor advice.

- It’s a rule for regulated firms (rules of conduct)

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8
Q

Why do chartered surveyors have to do CPD?

A
  • It’s a rule of conduct

- Market, technology, economy, regulations change, need to keep up to date to offer client informed advice

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9
Q

How much PI cover must a regulated firm have?

A

Turnover £ 100,000 or less = £ 250,000 limit of indemnity

£ 100,001 to £ 200,000= £ 500,000 limit of indemnity

Over £ 200,000 = £ 1,000,000 limit of indemnity

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10
Q

Where can you find out more about PII requirements for RICS firms?

A

RICS regulation - Professional indemnity insurance requirements

(Version 5 with effect from 2 July 2019)

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11
Q

What are the CPD requirements for a MRICS?

A

20 hours. 10 formal, 10 informal. Definitions of formal/informal online.

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12
Q

When must CPD be recorded by?

A

End of December, record on online CPD portal.

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13
Q

What are ethics CPD requirements?

A

One CPD on ethics every 3 years at least

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14
Q

What must you do if you were to set up a firm of chartered surveyors?

A
  • State if you are to handle clients money. If so, confirm arrangements for handling clients money
  • Complaints handling procedure
  • PII (estimate turnover to calculate)
  • 50% must be MRICS (until Feb 2020, reduces to 25%)
  • Company name, number
  • Register company w/ companies house
  • Make clear what the professional service you are offering
  • Have provisions in place for incapacity or death of sole practitioner
  • Appoint a contact officer
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15
Q

What would handlings client money procedures have to state?

A
  • Bank account must have “client” in the name
  • Account must be separate
  • State arrangement for interest
  • Transparent with reconciliation
  • Fast access
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16
Q

What are your company’s complaints handling procedure?

A

@@@@@CONFIRM W/ YOUR COMPANY @@@@@

Complaint made

Sent to complaints handling person for review

Acknowledged

Respond

Third party organisation used should complainer not be satisfied

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17
Q

What is the RICS complaints handling procedure?

A

RICS CHP Help Sheet 2011 states CHP requires two stages:

  • consideration of the complaint by a senior member of the firm or the firm’s designated complaints handler
  • if the complaint cannot be resolved, referral to an independent third party with the authority to award redress.

RICS Complaints Handling 2016 provides further guidance

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18
Q

What are the RICS global professional and ethical standards?

A
  • Take RESPONSIBILITY
  • Treat others with RESPECT
  • Act with INTEGRITY
  • Provide a high level of SERVICE
  • Promote TRUST in the profession
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19
Q

Give an example of a high level of service.

A
  • Prepare comprehensive handover notes before annual leave, always be available to take a call or reply to an email
  • Client commendation
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20
Q

What does promoting trust in the profession mean?

A
  • Be careful of your actions outside of the workplace, social media etc.
  • Promote the profession to external acquaintances
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21
Q

What would you do if your colleague was acting outside of the Global Professional and Ethical Standards?

A
  • Ascertain the facts to ensure they are acting outside of the rules
  • Use ethical decision tree to confirm
  • Remind them of the rules
  • If no change, report to RICS
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22
Q

What is your company’s gift policy?

A

Any gift must be noted in the Register of Interest.

Maximum threshold is £100 for an individual, £250 for a group.

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23
Q

What document does the RICS publish about bribery?

A

RICS have just released:

RICS professional standards and guidance GLOBAL “Countering bribery and corruption, money laundering and terrorist financing February 2019.”

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24
Q

How do you undertake conflict checks?

A

@@@@@@@@@@

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25
Q

What are examples of information barriers?

A
  • Clear desk policy
  • Take calls in private
  • Password protection on files
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26
Q

What does the RICS publish on the conflict of interest?

A

RICS professional standards and guidance, global

Conflicts of interest 1st edition, March 2017

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27
Q

What is informed consent?

A

Informed Consent may be sought only where the RICS member or regulated firm is satisfied that proceeding despite a Conflict of Interest is:

(a) in the interests of all of those who are or may be affected and
(b) is not prohibited by law, and that the conflict will not prevent the member or regulated firm from providing competent and diligent advice to those that may be affected.

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28
Q

How would you carry out a money laundering check?

A
  • Customer Due Diligence
  • Simplified Due Diligence
  • Enhanced Due Diligence (done by compliance team for detailed investigation required out of my scope of confidence)
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29
Q

What is tipping off?

A

Alerting the client you suspect them of something/give them an early warning of the investigation

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30
Q

What is the maximum amount of cash allowed to be taken?

A

Most firms don’t accept cash, request for it to be paid into an account and transferred across.

Maximum allowed is EU10,000 in cash, counted and receipted.

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31
Q

What work can you do prior to agreeing your terms of engagement with a client?

A

Anything, so long as you do not advise the client.

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32
Q

What constitutes acting with integrity?

A
  • Being trustworthy in all that you do.
  • Being open and transparent in the way you work.
  • Sharing appropriate and necessary information with your clients and/or others to conduct business and doing so in a way so they can understand that information.
  • Respecting confidential information of your clients and potential clients.
  • Don’t divulge information to others unless it is appropriate to do so.
  • Not taking advantage of a client, a colleague, a third party or anyone to whom you owe a duty of care.
  • Not allowing bias, conflict of interest or the undue influence of others to override your professional or business judgements and obligations.
  • Making clear to all interested parties where a conflict of interest, or even a potential conflict of interest, arises between you or your employer and your client.
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33
Q

What constitutes providing a high level of service?

A
  • Be clear about what service your client wants and the service you are providing.
  • Act within scope of confidence
  • Be transparent about fees and other costs/payments
  • Communicate in a way that allows them to make informed decisions
  • if your service requires third party involvement pay parties within timescales agreed
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34
Q

What constitutes promoting trust in the profession?

A
  • Promoting what you and the profession stand for – the highest standards globally.
  • Understanding that being a professional is more than just about how you behave at work; it is also, about how you behave in your private life.
  • Understanding how your actions affect others and the environment and if appropriate questioning or amending that behaviour.
  • Fulfilling your obligations.
  • Doing what you say you will.
  • Always trying to meet the spirit of your professional standards and not just the letter of the standards.
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35
Q

What is meant by treating others with respect?

A
  • Always being courteous, polite and considerate to clients, potential clients and everyone else you come into contact with.
  • Never discriminate against anyone for whatever reason.
  • Always ensure that issues of race, gender, sexual orientation, age, size, religion, country of origin or disability have no place in the way you deal with other people or do business.
  • As much as you are able, encourage the firm or organisation you work for to put the fair and respectful treatment of clients at the centre of its business culture.
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36
Q

What is meant by taking responsibility?

A
  • Always act with skill, care and diligence.
  • If someone makes a complaint about something that you have done then respond in an appropriate and professional manner and aim to resolve the matter to the satisfaction of the complainant as far as you can.
  • If you think something is not right, being prepared to question it and raise the matter as appropriate with your colleagues, within your firm or the organisation that you work for, with RICS, or with any other appropriate body or organisation.
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37
Q

What would you do if presented with a gift by a Contractor or Client?

A
  • To avoid being compromised perhaps the best solution is to refuse all, but in practice this is difficult without disrespecting the contractor/client.
  • All gifts should be noted in firms gift register
  • Ensure the gift is proportional in value and not given at a sensitive time e.g. final account negotiations or tender period
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38
Q

What is the FCPA?

A

The US Foreign Corrupt Practices Act

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39
Q

What does the FCPA do?

A

Prohibits corrupt giving, offering or promising of money or anything else of value to government officials in foreign countries to influence them for obtaining or retaining business

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40
Q

What is active vs passive bribary?

A

Active = offering or giving

Passive = receiving

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41
Q

What’s the difference between the FCPA and UKBA (UK Bribary Act)?

A

FCPA only relates to public officials and active bribes, and permits facilitation payments for routine government actions.

FCPA requires listed companies in the US and their subsidiaries to keep accurate books and records. UKBA does not - this is covered under other UK legislation.

42
Q

What are the penalties under the FCPA?

A
  • Up to 5 years inprisonment
  • $250,000 fine per violation for individuals
  • $2,000,000 fine per violation for companies
43
Q

Who is a public official?

A
  • Anyone that holds a legislative, administrative or judicial position
  • Anyone who exercises a public function
  • An official agent of a public international organisation e.g. UN, World Bank, IMF
44
Q

What is your company’s policy with regards to accepting gifts?

A
  • I may accept and offer business hospitality such as meals and entertainment provided it has a legitimate business purpose and the expense is reasonable, proportionate and transparent
  • Hospitality must not be offered if it could be seen to influence the recipient improperly
  • No hospitality when bidding for a tender or dealing with a public official
  • The host must be present when giving hospitality, otherwise it becomes a gift
  • Anyone giving or hosting entertainment must sign a statement
  • Hopsitality above the threshold (£100) as defined in the Company’s Gift Policy in the “Register of Interests”.
45
Q

What is tax evasion?

A

When people or businesses deliberately failing to declare the taxes that they owe

46
Q

What is tax avoidance?

A

Not illegal, but a way of paying less tax

47
Q

What UK legislation is in place to promote equality and diversity?

A

Equality Act (2010)

48
Q

What does the Equality Act do?

A

It is unlawful to discriminate if it is related to the nine protected characteristics:

  • Age
  • Disability
  • Gender reassignment
  • Marriage & civil partnership
  • Pregnancy & maternity
  • Religion and belief
  • Sex
  • Sexual orientation
49
Q

What does indemnity mean?

A

Security or protection against a loss or other financial burden

50
Q

What is the maximum level of uninsured excess a firm may have?

A

Up to and incl £500k indemnity - £10,000 or 2.5% of the sum insured (whichever is higher)

Over £500k indemnity - 2.5% of the sum insured

51
Q

What guidance to RICS give on PI insurance?

A

Regulation document - PII Requirements Version 5 (2019)

52
Q

What are the 3 requirements the RICS state PI cover must meet?

A
  • an ‘each and every’ claim basis;
  • RICS’ minimum policy wording. As a minimum, you should ensure that your policy wording is written on a full civil liability basis
  • the minimum level of indemnity
53
Q

What is fully retroactive mean?

A

This refers to PI insurance.

A PI insurance policy works on a ‘claims made’ basis, meaning it covers claims made in that period regardless of when the issue actually happened.

If the retroactive date (date at which the policy period covers from) in the agreement states “none”, the policy is fully retroactive.

54
Q

What’s the difference between cover based on ‘each and every’ claim basis” and an “aggregate” basis?

A

Say the policy covered up to £1m

An ‘each and every’ policy will cover each claim individually up to £1m

An aggregate policy will cover claims up to a total of £1m across all claims

55
Q

What is run-off cover?

A

To ensure that firms, members and their clients are not exposed to financial detriment in the period following a firm ceasing to trade.

6 years from company cessation

56
Q

What is the guidance RICS provides on handling client money?

A

Client Money Handling 2019

RICS professional statement

57
Q

What are CDM regs?

A

Construction (Design Management) Regulations 2015

Ensure that H&S issues are properly considered during a project’s development so risk of harm to those who have to build, use and maintain structures is reduced

58
Q

Who is in charge of CDM?

A

Principal designer / Principal Contractor (during construction)

59
Q

What does the role of a principal designer as CDM manager include?

A
  • Planning, managing and monitoring the pre-construction phase.
  • Ensuring risks are eliminated or controlled through design work.
  • Passing information on to the principal contractor.
  • Ensuring cooperation and coordination.
  • Ensuring designers comply with their duties.
  • Assisting the client in preparing pre-construction information.
  • Preparing the health and safety file.
60
Q

What is an F10 notification?

A

CDM regulations stipulate the HSE must be notified re any construction works likely to exceed 30 days and have more than 20 workers simultaneously working at any point, or 500 person days.

This can be done with an F10 form

61
Q

What must the F10 form include?

A
  • Key dates
  • Address/location of works
  • name of the local authority
  • project description
  • Client name/contact

The notice must also be clearly displayed in the construction site office in a comprehensible form

62
Q

What guidance does the RICS produce on client money handling?

A

Professional Statement - Client Money Handling 2019

63
Q

Who has access to client money accounts?

A

Principals or senior employees

64
Q

Who’s head of QS at RICS?

A

Justin Sullivan

65
Q

What would you do in a position of conflict of interest?

A
  • Inform all parties
  • Offer to stand down from position/allow somebody else to take the role
  • Informed consent - if there is no other option/the best option is to proceed (for example if there is only one stone merchant and he is also your brother)
66
Q

Can you appeal to a disciplinary panel judgment?

A

Yes - it will go to an Appeal Panel

67
Q

What’s CIMAR?

A

Construction Industry Model Arbitration Rules 2016

  • The objective of rules is to provide speedy, impartial, fair, cost-effective binding resolution to disputes
68
Q

Give an example of when you’ve acted with integrity?

A

On a valuation I noticed the contractor had made a formula error in his valuation.

I allowed him to amend.

69
Q

Give an example of when you’ve taken responsibility?

A

In preparing valuations I always ensure it doesn’t go out until it has been comp checked. Skill, care & diligence.

70
Q

What are the rules for better regulation?

A 
Proportionality
Accountability
Consistency 
Transparency
Targetting
71
Q

What’s the RICS history?

A

• Surveyor’s Club 1792
• Institution of Surveyor’s 1868
o 49 members at that point.

72
Q

What is the role of the RICS?

A

• REPA
R: Regulates and promotes the profession.
E: Maintains educational and professional standards
P: Protects clients and consumers through codes of ethical and professional standards.
A: Provides impartial advice and guidance.

73
Q

What are the RICS professional fees 2020?

A

Newly qual - £354
Chartered - £539
Fellow - £658

74
Q

What’s the RICS business plan 2018-21?

A
  • Influential thought leader
  • Trusted by our stakeholders and society
  • RICS professional qualifications remain in demand
    Sustainable 21st century professional body
75
Q

What’s the RICS structure?

A

Privy Council

Governing Council

  • Standards and regulation
  • Management board
  • Audit committee
  • Nominations committee
  • Presidential nominations committee
76
Q

What are the boards beneath the management board?

A
  • Finance committee
  • World regional boards and market advisory panel
  • Remuneration committee
77
Q

Who regulates the RICS?

A
  • Self regulatory/head of regulation

- 5 principles of better regulation (surpass govts own standards)

78
Q

What are the bye-laws of the RICS?

A

1) Application and definitions – who they apply to – Member / Firm
2) Membership & registration – membership types, eligibility for roles within RICS.
3) Designations – MRICS / FRICS
4) Contributions to Funds – Fees
5) Conduct – Comply with regulations / 5 ethical standards
6) Governing Council, Officers and Staff – Powers of these positions.
7) Subordinate boards, committees and groups – outlines requirements of management structure.
8) Procedures for General Meetings – Annual / Ordinary / Extraordinary Meetings
9) Accounts and Audit – RICS accounts (Income, Balance, Report)
10) General – Property, Trustees, Contracts, Dissolution, Administration.

79
Q

Give an example of when you have met the 5 professional + ethical standards.

A

Respect - please/thank you, courteous with everybody

Responsibility - spoke out when I heard my colleague was preparing LoI

Integrity - when contractor had made a mistake that benefited the client I corrected him

High level of service - proactive in understanding client to manipulate our cost plan to better suit the client’s understanding. As a grad changing senior work

Trust - Speak highly of profession, in personal life promote QSing. Share Modus etc.

80
Q

What are the international Ethical Standards?

A

Standard written by a group of independent industry leaders (real estate). For property.

81
Q
  1. What are the 3 types of document the RICS produce?
A

1) Standard – International Standard – mandatory compliance – developed in collaboration with other bodies – IPMS Office & Residential / ICMS
2) RICS Professional Statement – Mandatory compliance under Rule 4 – Conflict of Interest, Surveying Safely

3) Guidance
• RICS Code of Practice – Mandatory or recommended good practice
• RICS guidance note – recommended good practice – NRM / blackbooks
• RICS information paper – information / commentary – flat roof covering

82
Q

Following issue of an interim valuation your client rings you to tell you they don’t have the money to pay the contractor, what do you say (contractually / morally)

A

Following issue of an interim valuation your client rings you to tell you they don’t have the money to pay the contractor, what do you say (contractually / morally)
• Contractually
o You have 14 days until the Final Date for Payment
o If you miss this date the Contractor could be entitled to suspend / terminate the contract.
o Also entitled to EOT and L&E for ‘default on contractual obligations’.
• Morally
o You should pay the Contractor as they have carried out the work.
o It is not only the Contractor that can be affected; it’s the whole supply chain.

83
Q

Do the RICS any protection for Client money?

A

Clients Money Protection Scheme

84
Q

What is the Clients Money Protection Scheme?

A
  • Last resort scheme / acts as a an insurance for Client’s.
  • Member of public to be reimbursed their direct loss of funds if funds have been misappropriated.
  • Claims must be notified within 6 months of the discovery of the loss.
  • £50,000 level of cover per claimant (cannot be exceeded)
  • £5.3m per year.
85
Q

Would you accept Glastonbury tickets from a contractor?

A
  • No – could be seen to bring into question my objectivity.
  • Would be inappropriate for me to go with client / team.
  • Gifts and Hospitality are acceptable if they are proportionate and have a ‘genuine business purpose’.
86
Q

Who is covered under MLR 17?

A

• Firms with a turnover of £100k+

87
Q

What are the Money Laundering Regulations 2017?

A
  • Ensures firms carry out due diligence measures on customers.
  • Money Laundering is exchanging money / assets that were obtained criminally for money of other assets that are clean.
  • Governs the purchase of property
  • Previously EU Directive
  • Now UK legislation
88
Q

What are the offences / punishments under Proceeds of Crime Act 02 / ML 17?

A

• Principal offences – Up to 14 years imprisonment, fine or both.
o Concealing, converting, transferring criminal property
o Acquiring, using or possessing criminal property.
o Arranging or facilitating the acquisition or control of criminal property.
• Related offence 1– Up to 5 years imprisonment, fine or both.
o Failing to disclose knowledge or suspicion.
• Related Offence 2 – Up to 2 years, fine or both.
o Tipping off a person who is known or believed to be under investigation.
• ML 2007 – Failure to comply – 2 years fine both
o Failure to comply with requirements for customer due diligence

89
Q

What is meant by ‘due diligence’?

A

• Taking steps to identify your customers and checking who they are
o Name
o Photo id /document
o Residential address
o DOB
o Any beneficial owners / relevant third parties?

90
Q

What is SAR?

A

Suspicious Activity Reports (SAR’s)

o If you have any knowledge or suspicion of ML you should report it to the MLRO who will file the SAR.

91
Q

Other than an ombudsman who can a complaint be made to?

A
  • Ombudsman (RICS)

Fairway = mediator/adjudicator/expert witness

92
Q

If you had agreed an appointment with a client, what would you send them to secure the contract?

A
  • Appointment document
  • Terms & Conditions
  • Scope of Works
  • PI insurance & limit of liability
  • Fee proposal
93
Q

What would be excluded in your fee proposal?

A
  • VAT
  • Long-distance travel
  • Costs incurred through disputes
94
Q

What is the bribery act?

A

Aims to promote anti-bribery practices amongst businesses, and came into force on 1 July 2011

95
Q

What are offences under the bribery act?

A
  • it’s now an offence to prevent bribery by anyone working on behalf of the business
  • Offence to give, promise or offer a bribe, agree to receive or accept a bribe either at home or abroad
96
Q

What are bribery act punishments?

A
  • Up to 10 years imprisonment (from 7)

- unlimited fine

97
Q

What are the 6 principles of the bribery act?

A
  • Proportionality
  • Top-level commitment
  • Risk assessment
  • Due diligence
  • Communication (incl training)
  • Monitor & review
98
Q

How would you quantify limit of liability?

A

RICS has minimum level

I would assess on a case by case, with reference to liability on similar projects & size of projects.

Would aim to reduce exposure of firm by reducing liability

99
Q

What is diversity?

A
  • In terms of skills in a team, beneficial to have people with a range of talents/skills/backgrounds with different ways of thinking and problem solving
  • In terms of characteristics, ethnicity etc, appointments should be based on merit and not colour of skin etc. Therefore naturally a diversity would be good
100
Q

How would you handle pandemic related risk in your appointment docs?

A

Exclude

Brexit/pandemic foreseeable??

101
Q

What guidance does RICS give on appointment?

A

RICS Standard Form of Consultant’s Appointment

RICS Standard Form of Consultant’s Appointment explanatory notes

102
Q

What would be included within your appointment documents?

A
  • Definitions and interpretation
  • Appointment
  • Consultant’s obligations
  • Limitations of liability
  • Client’s obligations
  • Payment
  • Insurance
  • Dispute resolution
  • Termination

Omar Assoc RICS prep (11 decks)

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