Conduct rules, ethics and professional practice Flashcards
What rules set out the standards of professional conduct and practice expected of members and firms registered for regulation by RICS.
RICS rules of conduct for members
RICS rules of conduct for firms
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?
- Money Laundering and terrorist financing risk assessment
- Implement systems, controls and procedures to address terrorist financing risk assessment
- Apply above across firms structure
- Adopt appropriate internal controls
- Provide training for staff
- Comply with CDD EDD and SDD
- Comply with regulations for PEP
- Record keeping and data protections are compliant
Who manages complaints at the RICS?
Head of regulation
Why would you want to be a member of the RICS?
- 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
Where are hearings posted for claims/cases against surveyors?
In the back of Modus.
Why should a chartered surveyor remain solvent?
- It’s a rule for members and firms (rules of conduct)
- Could be vulnerable to bribery
- Doesn’t promote trust in the profession.
Why do firms have to have PI insurance?
- To protect the client in the case of poor advice.
- It’s a rule for regulated firms (rules of conduct)
Why do chartered surveyors have to do CPD?
- It’s a rule of conduct
- Market, technology, economy, regulations change, need to keep up to date to offer client informed advice
How much PI cover must a regulated firm have?
Turnover £ 100,000 or less = £ 250,000 limit of indemnity
£ 100,001 to £ 200,000= £ 500,000 limit of indemnity
Over £ 200,00 = £ 1,000,000 limit of indemnity
Where can you find out more about PII requirements for RICS firms?
RICS regulation - Professional indemnity insurance requirements
(Version 7 with effect from 2020)
What are the CPD requirements for a MRICS?
20 hours. 10 formal, 10 informal. Definitions of formal/informal online.
When must CPD be recorded by?
End of December, record on online CPD portal.
What are ethics CPD requirements?
One CPD on ethics every 3 years at least
What must you do if you were to set up a firm of chartered surveyors?
- State if you are to handle clients money. If so, confirm arrangements for handling clients money
- Tell RICS service you are providing
- 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
- What the professional service you are offering
- Provisions in place for incapacity or death of sole practitioner
- Appoint a contact officer
- H&S
- Data management
What would handlings client money procedures have to state?
- Bank account must have “client” in the name
- Account must be separate
- State arrangement for interest
- Transparent with reconciliation
- Fast access
What are your company’s complaints handling procedure?
@@@@@CONFIRM W/ YOUR COMPANY @@@@@
Complaint made
Sent to complaints handling person for review
Acknowledged
Respond
Third party organisation used should complainer not be satisfied
What is the RICS complaints handling procedure?
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
What are the RICS ethical standards?
Members and firms must be honest, act with integrity and comply with their
professional obligations, including obligations to RICS.
Members and firms must maintain their professional competence and ensure
that services are provided by competent individuals who have the necessary
expertise.
Members and firms must provide good-quality and diligent service.
Members and firms must treat others with respect and encourage diversity and
inclusion.
Members and firms must act in the public interest, take responsibility for their
actions and act to prevent harm and maintain public confidence in the profession.
What does promoting trust in the profession mean?
- Be careful of your actions outside of the workplace, social media etc.
- Promote the profession to external acquaintances
What would you do if your colleague was acting outside of the Global Professional and Ethical Standards?
- 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
What is your company’s gift policy?
Any gift must be noted in the Register of Interest.
Maximum threshold is £100 for an individual, £250 for a group.
What document does the RICS publish about bribery?
RICS have just released:
RICS professional standards and guidance GLOBAL “Countering bribery and corruption, money laundering and terrorist financing February 2019.”
How do you undertake conflict checks?
In a PQQ we may include a line that requests the contractor to list any relations/associations with the client/our firm
Same when we are appointed by a client
What are examples of information barriers?
- Clear desk policy
- Take calls in private
- Password protection on files