Ethics Flashcards
What are the 3 types of conflict of interest?
P O C
Party Conflict
Own Party Conflict
Conflict of Confidentiality
Why do you want to become a member of RICS?
Because it is the gold standard and after a lot of hard work and learning over the past 10 years it’s the ultimate reflection of the effort that I’ve put in to develop my knowledge and exeperience
What is the role of RICS?
It’s role is to maintain the highest ethical and technical standards in surveying and the property industry and to promote trust in the profession
What are the key functions of RICS?
Advancing the highest ethical and technical standards in surveying professionals, protecting the public and consumers by enforcing standards and codes of practice and providing expert, impartial advice to governments, business and the public
What is a Royal Charter?
A Royal Charter is an instrument of incorporation, granted by The Queen, which confers independent legal personality on an organisation and defines its objectives, constitution and powers to govern its own affairs. For the RICS its objective is to promote usefulness in the profession for the public advantage
Who is the current RICS president?
Clement Lau is president, Ann Gray is the President Elect
Richard Collins is the CEO
What do you understand by the term self-regulation?
It means that the RICS operates within it’s own published, regulatory framework, rather being legislated by the government. The regulation is led by an independent regulatory board and regional sub-boards
Can you tell me what you understand by the principles of better regulation?
5 principles of better regulation (TPACT) - transparent, proportional, accountable, consistent and targeted
What is a Bye-Law?
It is a rule, made by an organisation for the governence of it’s members, for the RICS the bye-laws are set out in the Royal Charter, it includes things such as membership levels, who is eligible to join, that the governing council can set fees etc
Give an example of one of the RICS Bye-Laws.
Bye-Law 2 sets out the classes of membership, whose eligible to join, the procedures for joining and the priviledges and obligations of membership, another bye-law is the designations of members (FRICS etc)
Explain to me the new RICS Rules of Conduct - what do they replace?
There are 5 new rules of conduct and they replace the existing, separate rules of conduct for members and rules of conduct for firms. The new rules combine them and give example behaviours for each rule
When do the new Rules of Conduct take effect?
They took effect on 02 February 2022
Who do the new Rules of Conduct relate to?
They relate to members and RICS regulated firms
What are the 5 Rules of Conduct?
HCQRP
- Members and Firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
- Must maintain professional competence and ensure services are provided by competent individuals who have the necessary expertise.
- Provide good quality and diligent service.
- Must treat others with respect and encourage diversity and inclusion.
- Must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.
Give an example behaviour for each rule of conduct.
- Keep clients money safe and have appropriate accounting controls.
- Members and firms only undertake work that they have the knowledge, skills and resources to carry out competently.
- Members and firms communicate with clients and others clearly and in a way they can understand.
- Members and firms do not bully, victimise or harass anyone.
- Members and firms respond to complaints made against them promptly, openly and professionally
What are the core professional obligations of firms and members to RICS?
Members must comply with CPD requirements, must cooperate with RICS and supply documentation when asked for it by RICS, Firms must publish a complaints procedure, must have appropriate PII cover, have incapacity cover, cooperate with RICS, display in their business literature that they are regulated by the RICS
What disciplinary procedures can the RICS impose?
caution • reprimand • undertakings as to future conduct • fines (in accordance with Supplement 2 to the Sanctions Policy: Fines, Costs and Administration Fees) • conditions on the Member’s continued membership of RICS • conditions on the Firm’s registration for regulation • expulsion of the Member from RICS • removal of the Firm’s registration for regulation
Publishing of outcomes in Modus
In what circumstances can disciplinary procedres be imposed?
When it has been found that there has been wrongdoing by a member or firm that breaches the regulations or their work has fallen below the expected standards
When did RICS last update their disciplinary panel rules?
October 2019
What are the different levels of action within the disciplinary procedures?
Consent Order, Disciplinary Panel, Fixed Penalties,
What do you understand by the term professional practice?
It refers to the conduct and work of someone within the profession, so ensuring that they act professionally, with integrity and in a way befitting the profession.
What money laundering regulations or legislation are you aware of?
In legislation there is the Proceeds of Crime Act. There is the RICS Countering Bribery and Corruption, Money Laundering and Terrorist Financing Professional statement 2019
What is a red flag of money laundering?
They may be willing to pay over the odds for a property with no justifiable reason or they are very reluctant to reveal who the actual buyer is, they might be unwilling to undergo source of wealth checks
What bribery legislation are you aware of?
The Bribery Act 2010
What is a bribe?
giving someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so.
What are the penalties for accepting a bribe?
Potentially up to an unlimited fine or up to 10 years in prison
What are the penalties for being involved in money laundering?
Up to 14 years in prison and an unlimited fine
What constitutes an offence under the Bribery Act 2010?
Offering to give, or giving a financial or other advantage to someone in return for them improperly performing a relevant activity. The same is fo the reverse of accepting money or an advantage for improrely performing an activity
What constitutes an offence under the current money laundering regulations?
It is the possession, concealment, conversion, transfer or making arrangements relating to the proceeds of crime
What is Professional Indemnity Insurance (PII)?
It is an insurance policy that provides an individual or business if a client makes a claim for a service that was inadequate
Can you tell me about the RICS requirements in relation to PII?
That members or firms must have adequate cover in place, including run off cover. The minimum levels of cover are for turnover of
£100k there must be a minimum of £250k cover,
up to £200k turnover £500k cover and
over £200,001 then a £1m cover must be in place. The maximum levels of uninsured excess are the greater of % of the sum insured or £10k if it’s up to £500k or for over its a max of 2.5% of the sum insured
What would you do if you received a notice of a PII claim from a client or their solicitor?
You must inform the insurer
If you were providing services outside of your usual scope to a client, what might you need to do in relation to your PII cover?
You would need to inform your insurer or make sure you are covered to provide that service, plus ensure TOE’s were signed and agreed
What is run off cover?
It is something that you must have in place to provide insurance cover once you or your business stops trading that covers you in the event of a claim. It needs to be for a minimum of 6 years
What RICS requirements are there relating to run off cover?
That it has to be in place, it needs to cover past employees and it needs to be in place for at least 6 years
What changes did RICS recently make to the Minimum Approved PII Wording?
They are removed the requirement for larger firms regarding excess, the wording for minimum approved cover has not changed in the most recent 2022 update, but the rules do mean PII policies will provide greater fire safety cover so insurers to exclude a fire safety claim for a building 4 stories or less
Explain PII requirements relating to fire safety cover and cyber cover.
Insurers are not allowed to exclusions will not apply to fire safety work in buildings below 4 stories on defence cost inclusive basis. Normally we need to obtain insurance from a list of approved suppliers, but now where this is not possible they must approach the RICS and seek permission to obtain insurance that doesn’t meet the minimum terms. Fire Safety coverage must be provided as a minimum tha covers defence costs as well as payment of the claim. The wording has been changed to clarify the level of cover included in a PII policy
How long can a PII claim arise after the work is undertaken?
Usually it is up to 6 years but there are circumstances where it can be up to 15 as claims can be made up to 6 years from when the loss happens, not when the survey happens but it does need to be brought within 3 years of them discovering the loss
What is the Assigned Risks Pool (ARP)?
It is a scheme that members can apply to when they are unable to obtain PII cover. It provides cover whilst the firm tries to rectify the issues that are preventing them getting standard cover
Who might need to access the ARP?
A firm that has been denied cover and has exhausted all other options.
Explain your understanding of the RICS Guidance Note Risk, Liability and Insurance (1st Edition).
It describes common ways professionals could be on the receiving end of a claim and ways in wich they can protect themselves such as ensuring agreements are made that the report cannot be used by third parties, clear TOE’s, agreeing liability caps with clients. It also discussed claims and the time periods for them being submitted. It also looks at PII insurance
Explain when you might agree a liability cap.
Where the firm or surveyor wants to regulate some risk in the work that they are doing, it could be done in a valuation in an uncertain market, where there are special assumptions or where aspects of the property were not visible
How would set out third party reliance in Terms of Engagement?
Make it clear in the TOE’s that their advice may only be relied upon by the named client
What are the three key terms that should be considered from a risk perspective in the context of every instruction you undertake?
The scope of the work, basis on which the fee will be calculated & the liability cap
What is an annual return?
It is the documents and information which must be sent to the RICS, Valuers in particular must complete an annual regulatory submission. This includes Areas of practice, including geograpical areas and areas of work (residential), CPD
Tell me what you understand about Complaints Handling Procedures (CHP)
Every firm must have one, which is available to clients and staff, it must be s 2 stage process, handled by a senior member of the firm and state timescales for reply and the escalation process and contacts
When and how can the RICS be involved in a complaint about a firm or member?
When it has been escalated after the initial investigation and response or the firm did not provide a response to the initial complaint
Or if it is a complaint from a corporate client
Can you tell me about the CPD requirements for members of RICS?
They must complete a minimum of 20 hours CPD per year, 10 of which must be formal and it must be logged on the RICS website
Why is CPD important?
It ensures that we are knowledgeable and competent to provide a proficient service and are aware of developments within the industry
Tell me about the RICS’ guidance on dealing with Conflicts of Interest.
They should be avoided where possible, that checks need to be made to establish if there are any. If the risk can be managed then all parties must give informed consent to proceed
There are 3 types:
Party
Own Party
Confidential Information
What is double dipping (dual agency)?
It is the act of acting for both or multiple parties in a transaction
Why is double dipping (dual agency) an unacceptable practice?
Because it gives rise to accusations of favouritism to one party as it will be extremely difficult to provide fair and unbiased advice to both parties
How would you close down a regulated firm?
Notify RICS, notify PII provider arrange run off cover, notify relevant clients, ensure client money is returned, arrange storage of files and destroy other files
What can you tell me about RICS guidance relating to bribery, corruption or money laundering?
It’s a professional statement, it sets out mandatory requirements & guidance for good practice. It states that firms must take steps and have plans in place to ensure that they do not offer or accept bribes or be used as a means of laundering money and that they must report any suspicions to the relevant authorities
What status does the RICS Guidance on Bribery, corruption or money laundering hold?
It’s a professional statement
What are some of the key principles of the guidance on Bribery, corruption or money laundering?
That firms or individuals must not offer or accept bribes, that this needs to be reported to the relevant authorities and have written policies in how to deal with them, have policies for things like gifts & hospitality