Ethics Flashcards

1
Q

Information required for a business to register with RICS

A

Business type. Whether they hold client money. PII. CHP

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2
Q

6 rules of firm administration

A

Advertising. Solvency. Arrangement for death. Use of designations. Co operation. Info provided to RICS.

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3
Q

Triggers for RICS disciplinary procedures

A

Complaint to RICS. Allegation by client. Info received by RICS.

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4
Q

Levels of disciplinary action

A

AHA

  • Action by head of regulation
  • regulatory tribunal
  • appeal panel
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5
Q

3 common breaches that result in disciplinary action

A
  • professional behaviour
  • CPD
  • protecting client money
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6
Q

4 stages of action for disciplinary procedures

A
  • initial investigation
  • regulatory compliance orders
  • CPD sanctions
  • regulatory tribunal
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7
Q

4 actions from initial investigations for disciplinary action

A
  • fixed penalty notice
  • regulatory compliance order
  • CPD sanctions
  • refer to disciplinary panel
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8
Q

2 examples of RICS international standards

A
  • RICS valuation - global standards 2022

- IPMS

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9
Q

2 examples of RICS professional statements

A
  • conflicts of interest

- code of leasing business premises

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10
Q

2 examples of RICS guidance note

A
  • surveying safely 2019

- comp evidence in real estate valuation 2019

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11
Q

Example of a code of practice

A
  • code of measuring practice 2018
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12
Q

3 elements to consider when negotiating fees

A
  • no price fixing
  • in line with the market
  • consider bribery act 2010
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13
Q

Main contents of terms of engagement

A
  • fee
  • CHP
  • work to be done
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14
Q

3 key steps in accepting instruction

A
  • competence
  • conflict of interest check
  • signed terms of engagement
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15
Q

3 reasons for declining an instruction

A
  • competence
  • conflict of interest
  • client won’t sign TofE
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16
Q

3 types of conflict of interest

A
  • financial
  • personal
  • commercial relationship
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17
Q

2 options for proceeding when COI is recognised

A
  • avoidance - decline instruction

- management - letter of instruction

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18
Q

What are the consequences of breach of the ethical standards?

A

Disciplinary action

19
Q

Tell me about the RICS global professional statement regarding COI 2017

A
  • RICS cannot work for a client where there is COI
  • need informed consent from both parties to proceed
  • keep full records to ensure compliance
20
Q

3 types of COI defined by RICS professional statement on COI

A
  • party - working for two diff parties
  • personal
  • confidential info - NDA
21
Q

How long should old files be held for?

A

Minimum 6 years. Destroyed securely

22
Q

What to do if you receive confidential info in error

A
  • securely dispose of info

- inform firms compliance officer

23
Q

What level of PII is require

A

-£200k = £1m

24
Q

What is the maximum level of uninsured excess?

A
  • up to £500k - 2.5% of the sum insure or £10k, whichever is higher
  • over £500k - 2.5% of the sum insured
25
What is run off cover?
Insurance for claims made against a firm that has stopped doing business. Merret vs Babb
26
Tell me the steps for setting up a new firm
- inform RICS - appoint a principal - register for RICS regulation - arrange PII and inform RICS - procedures for handling client money - CHP - logo kit - staff training - CPD offer
27
6 key principles of the bribery act
- proportionality - top level commitment - risk assessment - due diligence - communication - monitoring and review
28
4 offences under the Bibery Act 2010
- bribing - receiving a bribe - failure to prevent bribery - bribing a foreign public official
29
What is the key government legislation on money laundering?
Money laundering, terrorist financing, and transfer of funds regulations 2019
30
3 topical issues currently facing the RICS
- sustainability - COVID - Russian sanctions
31
5 principles of regulation for members and firms
PACTT - proportionality - accountability - consistency - targeting - transparency
32
Rules of conduct for firms
PCS CPD CCI - professional behaviour , competence , service - CPD training - complaints handling, client money, indemnity
33
How many members are in the RICS
140,000
34
When was the RICS FOUNDED
1868 by John Clutton
35
3 main roles of the RICS
- training - protecting customers/public - regulation
36
3 benefits of regulation
CPS - confidence - professionalism - security
37
What is the structure of the RICS
RBRR - royal charter - bye laws - regulations - rules of conduct
38
What info do registered firms have to send the RICS annually?
- annual return done online - type of business and staffing - nature of clients - CHP - PI details - whether the firm hold client money
39
What are the RICS Bye Laws?
- applications and definitions - memberships and registration - designations - contribution to funds - conduct - governing council, officers and staff - subordinate boards, committees and groups - procedure for general meetings - accounts and audit - general
40
What is GDPR?
Protects personal data
41
What are the 5 rules of conduct
- act with integrity - maintain professional competence - take responsibility - provide good quality service - treat others with respect and encourage diversity
42
What are the professional obligations of RICS members?
- CPD requirements - cooperate with RICS - provide information requested by Standards and Regulation board
43
Under the bribery act , when is a facilitation payment permitted?
- if there is a serious risk or danger to life, limb or liberty
44
What is the key govt legislation on money laundering?
Money laundering, terrorist financing and transfer of funds regulations 2019