Ethics Flashcards
1
Q
Why does your firm have PI insurance?
A
To protect surveyors, clients and third parties against negligence claims where there is a duty of care breached and a claim for damages arises.
2
Q
What are the three key terms that should be considered from a risk perspective in the context of every instruction you undertake?
A
a. The scope of the work
b. The basis on which the fee will be calculated
c. The liability cap
3
Q
How do you avoid negligence?
A
a. Clearly understand client’s objectives and confirm precise instructions in writing.
b. Ensure you are competent to undertake the instruction.
c. Ensure work is undertaken in accordance with the relevant RICS Standards and Guidance notes.
d. Ensure good records are kept with a sufficient level of detail
4
Q
How is the RICS governed?
A
Through constitutional documents such as:
a. Royal Charter granted by Privy council 1881
b. Governing council
c. Standard and regulation board and management board
d. Bye-Laws and Regulations
e. Led by Standards and Regulations board (SRB)
5
Q
What is the Royal Charter?
A
a. Granted by the monarchy and advised by the Privy Council (originally in 1881)
b. This defines its objectives
c. And enables the RICS to govern its own affairs
6
Q
What is RICS guidance on Complaints Handling Procedures?
A
a. A firms CHP must be approved by RICS and attached to terms of engagement
b. A firm must maintain a complaints log
c. Must notify PII insurer as soon as possible
7
Q
Why do you want to join the RICS?
A
SKN
a. Status - professional credentials provides client confidence
b. Recognition - Professional excellence recognised in many countries.
C. Market Advantage - Understanding of RICS standards gives competitive advantage
d. Network - 142,000 professionals worldwide
e. Member of well regarded professional body
f. Align with my belief and commitment to Continued Professional Development
g. Providing a Public service
8
Q
What are the RICS document types?
A
a. International Standards - IPMS
b. RICS Professional Standards – Conflicts of Interest 2017
c. RICS Professional Standard – Complaints Handling 2016
d. RICS Code of Practice – Code of Measuring Practice 2015
9
Q
What is money laundering?
A
It is when proceeds of criminal activity are disguised or converted into legitimate assets.
10
Q
What are the key pieces of legislation for Money Laundering?
A
a. Proceeds of Crime Act 2002
b. Terrorism Act 2000
c. The Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017
11
Q
When was the RICS founded?
A
1868
12
Q
What are the types of RICS membership?
A
- FRICS
- MRICS
- AssocRICS
- Trainee/Student
13
Q
What is the role of the RICS?
A
- To maintain the highest standards of education and training.
- To protect consumers through strict regulation of professional standards.
- Leading Source of information and independent advice on land, property, construction and associated environmental issues.
ICS - Information, Consumers, Standards
14
Q
What are the benefits of a firm being regulated by the RICS?
A
CPS
1. Confidence - it provides to clients
2. Professionalism - firms will provide clear, impartial and expert advice
3. Security - Firms have access to complaints procedure, independent redress and PII cover.
15
Q
What is required by the RICS within an annual return?
A
- Type of Business and Staffing Details
- Statutory regulated activities - e.g financial services
- Nature of clients
- Complaints handling procedure details and records
- PII
- Whether the firm holds clients money
16
Q
RICS Rules of Conduct 2021 - What are the 5 rules?
A
- Be honest, act with integrity, and comply with personal/RICS obligations.
- Maintain professional competence.
- Good quality and diligent service
- Treat others with respect and encourage diversity and inclusion.
- Act in the public interest, take responsibility for your actions, maintain public confidence.
17
Q
What do you do when you are faced with an ethical decision?
A
- Consult the Ethics Decision Tree
- Call RICS Regulation Confidential Hotline.
18
Q
What are the three levels of disciplinary action by the RICS?
A
- Action by the Head of Regulation
- Regulatory Tribunal
- Appeal Panel
19
Q
What are the 4 actions the Head of Regulation can take following a formal investigation?
A
- Fixed penalty notice
- Regulatory Compliance Order (steps to take for minor breaches)
- Regulatory Tribunal
- Refer directly to a Disciplinary Panel (includes non-RICS members).
20
Q
What are the penalties available to the Regulatory Tribunal Disciplinary Panel?
A
- Regulatory Compliance Order
- An unlimited fine per breach (proportionate to breach)
- Impose conditions upon future continued RICS registration.
- Expulsion from membership or remove a firm.
- Publication of the hearing results on: RICS Modus, RICS website, local newspaper.
21
Q
What are Enhanced Due Diligence checks? and what situations are they used in?
A
Used in High Risk situations - PEPs (Politically Exposed Persons) and PSC (Persons of Significant Control).
Information such as bank statements, trust deeds or evidence of a bonus payment may be needed and in turn may bring about further questioning.
22
Q
Describe a time you acted with honesty and integrity?
A
- For an agency instruction, I undertook a conflict of interest check to ensure that there was nothing that could impact my impartiality.
23
Q
Describe a time you maintained your professional competence?
A
- While inspecting a property during a lease renewal instruction, I was queried about a defect to the roof of the property. I advised this was out of my area of expertise they should seek advice from a building surveyor.
24
Q
Describe a time you provided good quality diligent service?
A
- I provided good quality and diligent services to a client during an agency instruction by clearly communicating with the client throughout and keeping them up to date.
25
Describe a time you treated others with respect?
- When out on inspections I treat everyone I meet with respect and courtesy.
26
Describe a time you acted in the public interest and took responsibility?
- I think about the consequences before posting on social media. E.g. LinkedIn.
27
Why did they change the rules of conduct?
- Consultation revealed members and firms voted to replace existing rules.
- To provide single set of rules that provides better clarity with clear examples of behaviours,
Introduces thoughts to diversity and inclusion , plus evolving tech.
28
What 5 principles are the ROC based upon?
Honesty
Integrity
Competent Service
Respect
Responsibility
29
What is the RICS ethics tree?
- Decision tree providing framework for members facing a potential unethical matter.
- Encourages considerations for the legality of the action and if it aligns with the rules of conduct.
- Would you want the action to be made public?
30
What are some professional obligations for members?
- Comply with CPD requirements
- Cooperate with the RICS where necessary
- To provide all information when requested by the Standards and Regulations Board.
31
What are some professional obligations for firms?
- Publish complaints handling procedure and maintain a complaints log.
- Ensure adequate PII is in place.
- Report and cooperate to RICS.
- Display the RICS logo on Business literature.
- Locum if Sole Practioner
- Standards and Regulation Board
- Rule for Registration for Firms
32
What are some instances you might decline an instruction?
- Outside scope of competence
- Conflict of Interest
- Client not willing to sign ToE.
- Client not willing to undertake or fails AML check.
- Outside of PII cap.
33
What is a professional standard?
- Sets our requirements/expectations for members and firms.
- Principle based , set a baseline of expectations for competence and behaviour.
- "must" - mandatory requirement
- "should" - judgement based decision
- Conflicts of Interest 2017
34
What is a guidance note?
- Supplementary guidance to support surveyors.
- Not mandatory
- Includes definitions, toolkits, technical information and advice.
35
What steps do you need to take when setting up a practice?
- Inform the RICS
- Appoint a contact officer
- Register with RICS for regulation by the regulatory board
- Arrange PII
- Set up client account for handling client money
- Complaints handling procedure and office
- Valuation Register Scheme if undertaking red book vals.
- Ensure completion of RICS annual return at the end of each year.
- Locum if sole practitioner.
36
Steps to take if closing a practice?
- Inform RICS
- Ensure clients are told ASAP, and arrangements are made to pass across to new firm.
- Return monies held in client accounts.
- Inform insurers and ensure there is run off over for min 6 years.
- Retain files for min 6 years.
37
What sort of insurance do chartered surveyors need?
- PII
- Building and contents
- Employers' liability
- Run off cover
38
When might a disciplinary procedure be needed?
- Following a complaint
- Misconduct
- Professional incompetence
- Criminal activity
39
What disciplinary actions can the RICS use?
- Fines
- Caution
- Compliance Order
- Regulatory Disciplinary Panel
40
What is a compliance order?
- Written document stating the terms upon which the member or firm must take to re-correct their wrongful actions and prevent it happening again.
- low-level breaches (CPD not met)
41
What is a disciplinary panel?
- More serious breaches (fraud, gross incompetence, discrimination)
- Penalties: Caution, fines, expulsion, conditions of continued membership
42
What is the RICS guidance on Conflicts of Interest?
- RICS Professional Standard - Conflicts of interest 2017
- Guidance on how to identify conflicts and to manage them
- 3 Parts: Mandatory guidance, two parts on how to apply the standards and meet obligations
43
What are the types of conflict?
- Party conflict - Firm/member acting for clients with conflicting interests.
- Own interest conflict - person interest such as family member.
- Confidential Information Conflict - relating to work between two parties that is confidential.
44
What do you understand about conflict of interests?
- Where someone in a position of trust has competing personal or professional interests making it difficult for them to fulfil their duties impartially.
- Ensure that you can act impartially and objectively, helps maintain integrity and trust within the profession as per the rules of conduct.
45
Example of a conflict?
- Same firm acting for the landlord and the tenant in rent review scenario.
46
How could a conflict of interest be managed internally if two separate departments were working for the same client?
- Information Barrier
- Put measures in place to create separation between the two departments.
- Ensure there is exclusivity of staff working in each department.
- Separate lines of communication to the client.
- Secure password encrypted files and if physical copies ensure these are also secure.
- Monitor the potential conflict and update the client.
47
If the client was insistent that you worked for them despite an existing conflict of interest, how would you proceed?
- Check the client understanding around the conflict of interest
- Make them aware of the reduced potential impartiality
- Seek a letter of instruction to proceed – Informed consent!
48
Explain the process of a conflict of interest check?
- Using our firms online conflict checking system against the property and the client.
- Necessary so that work can be undertaken impartially.
- Conflicts can arise where there is competing personal or professional interests.
49
If there had been a conflict, what would you have done?
- Establish the full facts and the nature of the conflict. Decide whether the conflict can be properly managed and your impartially can remain uncompromised or whether the conflict is irresolvable and you cannot remain impartial.
- Then decide to accept or decline the instruction.
- Assuming you want to accept the instruction, inform all parties involved in the conflict the relevant details and how my firm would intend to deal with the conflict. Allow the parties to make their own decision and request parties of their informed consent.
- Continue with the instruction in accordance with the provisions agreed to manage the conflict.
50
How does your firm adhere to the key provisions of the AML legislation?
- Report activities.
- Risk assessment.
- To provide staff training on the subject.
- Have a nominated officer
- Ensure appropriate record keeping.
- Firms should have proper procedures in place
51
When do you undertake AML checks?
- Customer Due Diligence checks – when a new business relationship is formed
- Sales of a property to confirm the identity of the purchaser and check the purchaser’s source of funds before contracts are exchanged.
52
What AML due diligence checks do you undertake?
- Obtain official ID documents and proof of address through passport and bills or bank statements (recent 3 months)
- Use on online AML verification platform (Smartsearch)
- If a company, identify the beneficial owners by looking at persons of significant control register on companies house.
53
How long should you hold records?
6 years underhand
12 years if executed under deed
15 years under the limitation act
54
What are some potential red flags?
- Unwillingness to provide requested documents
- Payment of fees in unusual currencies
- Changes to the parties involved in the transaction
55
What happens when you spot a red flag?
- I would notify the nominated Money Laundering Reporting Officer and provide them with the details.
- If there is suspicious activity then a Suspicious Activity report will be submitted to the National Crime Agency.
56
What are the penalties for non-compliance? (AML)
- Maximum 14 years prison sentence and/or unlimited fine
- For assisting with money laundering or failing to report suspicion
57
What is the key bribery legislation?
- Bribery Act 2010
58
What are the principles of the bribery act?
- PTRDCM
- Proportionality
- Top Level Commitment
- Risk Assessment
- Due Diligence
- Communication
- Monitoring and review
59
What are the four bribery offences?
- Bribing
- Receiving a bribe
- Failing to prevent a bribe
- Bribing a public official
60
Is it okay to accept a gift from a client?
The gift should be proportionate to the service provided and should be recorded in a gift/hospitality register.
61
What are the penalties for accepting a bribe?
- Companies are responsible unless they can prove they have adequate procedures in place.
- Maximum 10 year prison sentence and or unlimited fine for both individual and company.
62
What is your company policy on bribery?
Any gift or hospitality with a value above £50 should be recorded using the declaration of gifts form.
63
What would you do when offered a bribe?
I notified my line manager then the HR director. These are the compliance and nominated persons.
64
RICS recommendations on bribes?
PIVT
- Proportionality
- Impartiality
- Value
- Timing
65
What is the latest guide for PII?
Professional indemnity insurance requirements
UK: Version 10 with effect from 1 July 2024
66
How do you know what level of PII to obtain in your first year as a sole practitioner?
Turnover projection for year 1 as detailed in your business plan
67
What is Fisher Germans CHP?
- Written Acknowledgement within 7 days.
- Final response - proposal to rectify and resolve within 28 days.
- CH Officer is Sanjay Patel
- If unresolved - Centre for Effective Dispute Resolution (CEDR)
68
What do you do if you are faced with a situation where someone is acting aggressively?
- Extricate from situation
- Dynamic Risk Assessment
69
If a RICS regulated firm receives a complaint, what should they do?
Follow the process within their complaints handling procedure.
70
Where does a RICS Regulated firm keep Client Money?
All client money should be held in a Client Money Bank Account.
Firm has exclusive control over.
Ensure client money account includes the word client.
71
What do RICS class as a "firm"?
A company, LLP, other body corporates, partnerships, sole practitioner
72
From where does a RICS Regulated firm buy professional indemnity insurance from in the UK?
Insurance broker, but the policy has to be underwritten by insurers listed by the RICS.
73
You are setting up a firm with a non chartered colleague. Do you have to register the firm for regulation by RICS?
Yes, as if the firm provides surveying services and 50% of the firms members are chartered.
74
Where can you find the definition for "providing surveying services to the public"?
In the Royal Charter.
75
When would a RICS Regulated Firm use a locum?
Common in sole practitioners Illness, Death, sabbatical, long holiday.
76
If you set up on your own and your predicted turnover is £80,000, what level of professional indemnity insurance do you need?
At least £250,000 on an each and every claim basis.
77
You conclude trading, deregister your firm , what is needed in terms of PI insurance?
Fully retroactive run off cover.
78
What are the minimum policy requirements for run off cover?
- Consumer claims - Limit to £1m for min 6 years.
- Non consumer claims - adequate and appropriate cover. Minimum cover for 6 years.
79
Who does the RICS rules of conduct apply to?
All members and firms regulated by the RICS.
80
What is the difference between the RICS Bye-Laws and the RICS Royal Charter?
Royal Charter is issued by the Monarch to give independent legal standing to an organisation.
Bye law are internal rules and regulation.
81
What is the difference between the RICS regulated areas A and B?
A = UK
B = The Rest of World
82
In regulated area A, when would a firm be required to register for registration by RICS?
To register if the firm provides surveying services.
At least 50% of the firms principles are RICS members.
83
In the context of the RICS Regulation of Firms, what is a "Regulated Practice Division"?
When a division that has a degree of management autonomy that provides services to the public and with the permission of the firm can apply to be regulated as a division within a firm.
84
What is the difference between RICS Professional Standards and Practice Information?
PS - Set requirements and expectations about how they provide services. Included mandatory requirements 'Must'.
- Best practice = 'Should'
Practice Information: Not mandatory.
85
What RICS documents could you refer to online to check if your CPD is formal or informal?
RICS CPD Decision Tree
86
What is RICS Matrix?
RICS early careers community.
87
What is a Party Conflict for an RICS member?
Where the duty of an RICS member acts in the interest of the client for an assignment, which conflicts with the duty to another client on the same assignment/property.
88
What is an Own Interest Conflict for a RICS member?
RICS member acts in the interest of a client in a professional assignment that conflicts of the interest of the Member.
89
Which part of the RICS rules of conduct relates to your obligations to RICS?
Appendix A.
90
What is a 'bribe' and where can you find RICS guidance and your mandatory responsibilities on this as an RICS member?
Offer, promise, giving, demanding or acceptance of an advantage for an action that is illegal or breach of trust.
Countering bribery,
corruption, money laundering
and terrorist financing 2019.
91
What is a beneficial ownership or owner?
Anyone who benefits from the ownership or security of a property who may or may not be on record as the owner. Ultimate effective control.
Individual owner who has more than 25% of an entity.
92
Which of the RICS Rules of Conduct deals with being transparent about fees?
Rule 1 (Honest and act with Integrity)
93
Visiting a client, you are offered a box of chocolates as a gift, What would you do?
Follow the terms of my employers gift handling procedure.
Decline politely or record on gift register.
94
If you are offered a personal bribe by a Client to include incorrect information in a report, what would you do?
Politely decline the request and report as soon as possible to your employer.
95
How often are RICS members required to undertake learning related to the RICS Global Professional and Ethical Standards?
At least once every 3 years.
96
Rule 3, give an example of how your work supports sustainability?
Any example that minimises harm, balance of economic, environmental and social benefits.
97
What are the 5 rules of Conduct? EXACT WORDING
1. Members and firms must be honest, act with integrity and comply with their personal obligations including obligations to RICS
2. Members and firms must maintain their professional competency and ensure that services are provided by competent individuals who have the necessary expertise.
3. Members and firms must provide good-quality and diligent service.
4. Members and firms must treat others with respect and encourage diversity and inclusion.
5. Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in their profession.
98
What is Money Laundering?
The process of concealing criminal gains for money or other assets that are ‘clean’, and which don’t have an obvious link with any criminal activity. Money laundering also includes money that’s used to fund terrorism (however it’s obtained).
99
What is corruption?
Any abuse of a position of trust in order to gain an unfair advantage. It can be classified as grand, petty and political, depending on the amounts of money lost and the sector where it occurs.
100
What is Bribery?
- Giving, requesting or accepting an advantage (such as money or a gift) to encourage or reward another person for improper behaviour.
101
What is FGs PI cover?
£20 million
102
What is detailed within your terms of engagement?
- Party Details
- Address of Property
- Basis of Fee
- Payment Procedure
- Scope of the service
- Professional Indemnity Insurance
- Warranties, Liability and Indemnities
- CHP
- Money Laundering Regulations
103
You mentioned that you adhere to the 5 Rules of Conduct , can you explain how you applied two of the rules of conduct to your case study?
- Prior to undertaking the instruction I undertook a conflict of interest check to ensure there were no conflicts that could impact my impartiality.
- Throughout the instruction I treated all parties with respect and courtesy.
104
You have mentioned CPD, can you tell me the RICS requirements for qualified members and students?
Members - 20 years annually (10 formal)
- every 3 years undertake learning on standards expected around RICS ethics.
Students - 48 hours annually (min 24 formal)
- Review RICS ethics annually.
105
You have written in your submission about your firms COI procedures :
a) Can you explain what a conflict of interest is?
b) What are 3 types of conflicts?
c) What should you do when a conflict is identified?
a) - Where someone in a position of trust has competing personal or professional interests making it difficult for them to fulfil their duties impartially.
- Ensure that you can act impartially and objectively, helps maintain integrity and trust within the profession as per the rules of conduct.
b) - Party conflict - Firm/member acting for clients with conflicting interests.
- Own interest conflict - person interest such as family member.
- Confidential Information Conflict - relating to work between two parties that is confidential.
c) If parties are happy to proceed then get informed consent signed, alternatively decline the instruction.
106
What is client care?
Looking after the clients best interests and providing an appropriate service that satisfies the clients needs. Can be done through professionalism, competence, punctuality, trust, reliability, presentation, regular communication, review of services and KPIs.
107
You mentioned in your example at Helsby that you were unable to accept a deposit due to it being outside of the scope of service… in the instance you were instructed to handle client’s money what procedures should be followed?
- Client money handling 2022 (professional standard)
Where:
- Money must be kept separately with the word client in the account name.
- Client must have access to the account
- Account cannot go overdrawn
108
When acting for your client on the rent review in Worcester can you explain why you chose written communication as your choice of communication?
- Formal
- Provides record of advice given.
- Easy to display relevant data.
- Client can digest information at their own pace.
109
RICS Moto?
There is measure in all things.
Est Modus in Rebus
