Ethics Flashcards

1
Q

What is the central purpose of the RICS?

A

To promote and enforce the highest professional standards and qualifications in the development of land, real estate, construction and infrastructure.

They do this by:

  • Setting professional standards
  • Regulate and oversights
  • Memberships and qualifications
  • CPD
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2
Q

How does the RICS ensure members and firms abide by the Rules of Conduct?

A

Clear Guidelines: RICS Global Rules of Conduct 2021

Monitoring and Audits: RICS conduct regular audits and monitoring of its members and regulated firms to ensure compliance with the rules.

Disciplinary Process: Head of Regulation at the RICS investigates claims of serious misconduct. They have the power to:
1. Serve a Fixed Penalty notice
2. Make a Regulatory Compliance Order
3. CPD sanctions
4. Refer to a Disciplinary Panel

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3
Q

Why must a Charted Surveyor do CPD?

A

It’s one of the professional obligations for members of the RICS.

Ensures you remain up to date with relevant legislation and any changes to the industry.

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4
Q

Why must a Charted Surveyor main solvent?

A

May impair your decision making and mean that you’re more likely to take bribes and not act in the best interest of the client.

If you’re unable to manage your own finances, it may not reflect well on you being able to manage your client finances.

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5
Q

Give me an example of when you acted with integrity in your work?

A

When I undertook a survey at Spire Hospital, as the purpose was for the sale of the property, it was important not to disclose any information with the staff and patients. I had a cover story in place that was set by the client when required. Ensuring that sensitive information is handled responsibly and ethically.

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6
Q

Give me an example of when you have provided a high standard of service?

A

At 30 Finsbury Square, I scheduled a meeting on site to discuss the scope of the works. I mentioned that because it was for a BIM model, I required to see the structural elements of the building, which involved opening ground and ceiling panels. They were concerned about the disruption this would cause the employees, so I proposed to do the survey out of hours.

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7
Q

Give me an example of when you have acted in a way that promotes trust in the profession?

A

With every instruction, I always perform a conflict check to ensure there are no conflicts of interest before proceeding.

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8
Q

Give me an example of when you have treated others with respect?

A

My involvement with project-based internal department instructions and TDD projects involves working with a wide variety of people from different backgrounds. I always treat others with respect and have found that this fosters strong relationships, which in turn create innovative solutions and effective problem-solving.

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9
Q

Give me an example of when you have taken responsibility?

A

While working independently at JPMC in America, I encountered various site issues and due to the time difference it was up to me to find solutions and take responsibility for my actions.

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10
Q

What would you do if you were asked to do something unethical?

A

First I would identify if it was unethical by reviewing the ethics decision tree to see if it was unethical.

I would speak to someone more senior, such a line manager or supervisor.

I would whistleblow if required eg I would report suspected Money Laundering to the MLRO.

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11
Q

When you taken on a new client, what check do you make?

A

Conflict of Interest check

Customer Due Diligence to identify the client and verify their identity .

If the client is a politically exposed person (PEP), A PEP family member/business associate

If the client was from a high-risk third country then you should undertake Enhanced Due Diligence (EDD)

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12
Q

How do you undertake a conflict of interest check?

A

Check the company name and address
Check the property address
Use CBRE internal client management system (Sales Force)
Review and assess the outcomes in order to proceeded

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13
Q

How would you approach a conflict of interest?

A

Follow the guidance set out in the RICS Global Professional Standards on Conflicts of Interest 2017.

I would:

Inform the client
Disclose the nature of conflict
Notify the client that impartially may be affected.
Get sign off to proceed with client
Set up an Information barrier to proceed

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14
Q

What is a conflict of interest?

A

When your ability to act impartially is affect.

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15
Q

What is a conflict check?

A

A check used to determine if a member or firms ability to act impartially is affected.

Can involve past or present clients, property or other relevant entities involved in the project.

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16
Q

What are the 3 types of conflict?

A

Party Conflict - acting on both sides of a transaction

Own Interest Conflict - relating to a personal interest

Confidential Information Conflict - relating to work between two parties which is confidential

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17
Q

What is money laundering?

A

Moving money from illegal activities into legal entities.

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18
Q

Why does your firm have Terms of Engagement? What should be included within them?

A

Creates a contract with the client

Sets out the proposed fee basis, payment of expenses and a copy of the firm’s complaint handling procedure.

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19
Q

How do you close down a practice?

A

Inform RICS

Inform clients and arrange for them to be handed over to a new firm

Return any clients’ money

Set up professional indemnity run- off cover for a minimum of 6 years

Retain a copy of client files and record for a minimum of 6 years

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20
Q

What is the structure of the RICS?

A

Governing Council who run RICS

Regulatory Board, Management Board and various committees report to the Governing Council

18 specialist professional groups covering property, land and construction

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21
Q

What changes have been made to the Royal Charter and Bye-Laws?

A

Reduced the size of Governing Council to minimum of 25 seats, with 15 geographical seats

Anew Chair of the Governing Council will act for up to 6 years

President will focus on ambassadorial duties and continue to be elected on an annual basis

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22
Q

Why do you want to be a Chartered Surveyor?

A
  1. Status - professional credentials provide client confidence
  2. Recognition - promotion of your professional excellence
  3. Market advantage - RICS status gives you a competitive advantage
  4. Knowledge - International practice standards and professional guidance
  5. Network - access to over 150,000 professionals worldwide
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23
Q

What are the 3 benefits of regulated firms?

A

CPS:

  1. Confidence - for client as regulated firms are monitord by RICS regulations
  2. Professionalism - firms have to provided clear, impartial and expert advice
  3. Security - firms have to have recognised CHP, access to ADR and PII cover
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24
Q

How many hours of CPD do you have to undertake and what are the rules?

A

Minimum of 20 hours of CPD per year, of which at least 10 hours must be formal

Members must record their CPD activity online by 31 January

Members must maintain an understanding of RICS Professional and Ethical Standards every 3 years on a rolling basis

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25
Q

What are the 5 Rules of Conduct for members and firms?

A

RICS Global rules of conduct 2021 state:

Rule 1: Members and firms must be honest, act with integrity and comply with their professional obligation, including their obligation to the RICS.

Rule 2: Members and firms must maintain their professional competence and ensure all works are carried out by competent individuals who have the necessary experience.

Rule 3: Members and firms must provided a good quality and diligent service.

Rule 4: Members and firms must treat others with respect and encourage diversity and inclusion.

Rule 5: Members and firms must act in the public interest, take responsibility for their actions and act in a way to prevent harm and maintain public confidence in the profession.

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26
Q

What information is required by the RICS for registration and in the annual return?

A
  1. Type of business and staffing details
  2. Statutory regulated activities - such as for financial services
  3. Nature of clients
  4. Complaints handling procedure and records
  5. Professional indemnity insurance certificate
  6. Whether the firm holds clients’ money
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27
Q

Can you rely on due diligence checks undertaken by another company?

A

Can only rely on information provided by a third party where there is an appropriate level of confidence in the quality of the information provided by that party

Guidance contained within RICS Countering bribery, corruption, money laundering and terrorist financing, 2019

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28
Q

If you are conflicted, can you still undertake an instruction if you’ve got informed consent?

A

Depends whether you would be able to act impartially, whether you believe that you undertaking the instruction would be in the best interest of all those who are or may be affected and whether its prohibited by law.

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29
Q

What would you do if you had a personal conflict of interest and how would you manage this?

A

Ensure that all parties were aware and provided informed consent

Would refer the instruction internally and ensure that the appropriate information barriers were setup

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30
Q

What information barriers does CBRE have in place?

A

Restricted access to files

Clear desk policy

Private meeting rooms

Physical barriers eg restricted floor access

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31
Q

What would you do if you were required to hold clients money.

A

RICS has issued a Professional Statement on Client Money Handling 2019:

  • Client account must be kept separate and clearly identifiable
  • Word client is on the bank account and cheque book
  • A client must be able to have their monies on demand
  • Payment of interest is agreed with a client and accounts must be kept in credit
  • Regular bank reconciliation
  • Accurate records are kept with a running balance available
  • Annual audit and reporting obligations by certified accountant employed by RICS
  • If cash receipts are used to settle transactions, make sure records show all cash transactions
  • Signatories must be agreed with authorised staff and two signatories should be required
  • A discrete account is for a single named client account only
  • RICS Regulatory Review Visits can be undertaken by RICS usually on a routine 3 yearly basis
  • Firms handling client money need to display their procedure on their website
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32
Q

How many Principals in a firm have to be RICS members for a firm to be regulated?

A

From April 2020: if a practice provides surveying services and 50% of principals are RICS members, then it has to be regulated. If firms want to apply to be registered then they must now have more than 25% of Principals as RICS members (previously they only required one Principal to be an RICS member)

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33
Q

Why are the RICS requiring 25% of Principal to be members in order for firms to apply to be regulated?

A

Concerned that as the RICS profession and brand grows, having a single RICS qualified Principal does not provided sufficient assurance that RICS professional standards have adequate influence within the senior management of firms

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34
Q

Would you ever receive a gift from a client?

A

Would be inappropriate if you were doing a job for that client

Would consult the Ethics Decision Tree and my firms anti-bribery policy

Would also consider RICS Professional Statement Countering bribery, corruption, money laundering and terrorist financing 2019

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35
Q

If you thought it was appropriate to accept a gift from a client, how would you proceed?

A

Record it on my firms Gifts and Hospitality Register

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36
Q

What law is associated with gift giving and receiving?

A

Bribery Act 2010 and Proceeds of Crime Act 2002

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37
Q

What are the 6 principles of the Bribery Act 2010?

A
  1. Proportionality
  2. Top level commitment
  3. Risk Assessment
  4. Due diligence
  5. Communication
  6. Monitoring and review
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38
Q

What are the 4 offences under the Bribery Act 2010?

A
  1. Bribing
  2. Receiving a bribe
  3. Bribing a foreign Pubic Official
  4. Failing to prevent bribery
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39
Q

What is a bribe?

A

Exchanging something valuable like money or a gift to influence decisions

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40
Q

What are the penalties of breaching the Bribery Act 2010?

A

For individuals:
Imprisionment, up to 10 years
Unlimited fines

For organisations:
Unlimited fines
Financial gain must be returned
Disqualification of a companies director

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41
Q

What identification do you require on a client to do Customer Due Diligence?

A

Private: identify client and their identity based on reliable independent source (e.g passport or driving licence). Proof of address (e.g. bank statement, council tax statement) not more than 3 months old

Company: certificate of incorporation, full name, company number and address of registered office (names of directors and beneficial owners as anyone who has a shareholding of 25% or more)

PLC: London Stock Exchanging listing

Publicly accountable body: proof of government ownership/control

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42
Q

What would you do if you were suspicious of a client?

A

I would not make them aware as this could be seen as ‘tipping off’ which is an offence.

Would report and escalate internally to my compliance officer

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43
Q

What does the Ethics Decision Tree include?

A

Framework of questions member’s should ask themselves. Such as:

Is it legal?

Would you be content to have your decision or action made public?

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44
Q

What is the background to the RICS?

A

Founded in 1868

RICS has a Royal Charter, granted by Privy Council in 1881

RICS Regulations and Bye-Laws set out the governance of the institution

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45
Q

What are the 4 levels of membership for the RICS?

A
  1. FRICS
  2. MRICS
  3. AssocRICS
  4. Trainee/Student
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46
Q

What must you do to achieve FRICS status?

A

Submit evidence to 4 out of the 5 characteristics:

5 Years or more as MRICS
A leadership role in the industry
Professional Technical Achievement
Academic Achievement
Raising the profile of the RICS

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47
Q

What is the UK Structure of the RICS?

A

4 National Associations

10 Regional Boards

Local Association

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48
Q

Who is the current CEO of the RICS?

A

Justin Young

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49
Q

Who is the current President and President-Elect for the RICS?

A

Nicholas Maclean and
Maureen Ehrenberg

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50
Q

In what circumstance will the RICS disciplinary procedure be triggered?

A

Someone complaining to the RICS

Allegation by a client or third party

Information received or established by the RICS

51
Q

What are the 3 levels of disciplinary action?

A
  1. Action by Head of Regulation
  2. Disciplinary panel
  3. Appeal Panel
52
Q

What are the 3 most common breaches of the Rule of Conduct?

A
  1. Professional behbviour
  2. CPD
  3. Protecting client’s money
53
Q

What 4 actions can the Head of Regulations of the RICS impose?

A
  1. Fixed Penalty notice
  2. Compliance Order
  3. CPD Sanctions
  4. Refer to disciplinary panel
54
Q

When would the Head of Regulation issue a Fixed Penalty notice?

A

When a member breaches one of the 3 common breaches

55
Q

What is a Compliance Order?

A

Written document which states the actions which the member or firm must take or stop doing for a specific period of time

Used for minor breaches which can be easily corrected.

56
Q

When would the Head of Regulation refer the matter to the Disciplinary Panel?

A

Used for more serious breaches of conduct?

57
Q

Who forms the Disciplinary and Appeal Panels?

A

50% are lay members (non RICS memebers)

58
Q

What are the 5 penalties available to the Disciplinary Panel?

A
  1. Compliance Order
  2. Unlimited fine per breach
  3. Conditions upon future continued RICS registration
  4. Removal from membership or firm
  5. Publication of results (local newspaper or RICS website)
59
Q

What does the Appeal Panel do in disciplinary proceeding?

A

Consider a member’s or firm’s appeal to the outcome of a disciplinary procedure

Will review the evidence previously presented and any new representations

Can allow the appeal and vary the penalty previously imposed

60
Q

What is an International Standard?

A

High level, principle based mandatory standards (e.g. IMPS)

61
Q

What are Professional Standards?

A

These are mandatory to follow (Code of Measuring Practice 6 edition 2015, 6th edition)

RICS is currently categorising all professional statements to professional standards

62
Q

What are Pracise Information

A

This is designed to support the good practice and knowledge of surveyors. (Surveying Safely)

RICS is currently categorsing guidance notes to Practice Information

63
Q

What should you consider during fee negotiations?

A

Firms should avoid price fixing, aggressive fee cutting or collusion with competitors

Fees should be market-based and agreed on an ad-hoc basis with clients

64
Q

What should you do if accepting or offering referral fees?

A

Must be completely transparent with your client and consumers, so they understand you are receiving or offering a referral fee

State in your terms of engagement if applicable

Consider my actions in the context of the Bribery Act 2010 and the RICS Global rules of conduct 2021

65
Q

What steps should you follow when you receive instructions from a client?

A

CCT:

  1. Competent
  2. Conflicts of Interest check
  3. Terms of Engagement
66
Q

What is the cooling off period following the establishment of Terms of Engagement?

A

Consumer Rights Act 2015 allows a cooling off period of 14 days from the date of the agreement

67
Q

Why may it be appropriate to decline an instruction?

A
  1. You are not competent to undertake the work
  2. You do not have sufficient facts on the issue
  3. Proposed client will not sign the terms of engagement
  4. There is a conflict of interest
  5. Proposed client is on the UK Government sanctions list
68
Q

What would you do if a family or friend asked you for advice?

A

I would be unable to give them advise as my firm’s professional indemmity insurance would not cover work carried out on a personal basis

I would refer them to the RICS ‘find a surveyor scheme’, or ask them to contact CBRE.

69
Q

What is a conflict of interest?

A

Arises when a member or firms ability to act impartially is affected

70
Q

What does RICS Conflict of Interest, 2017 require all firms to have?

A

Must have appropriate systems and controls in place appropriate to the size and complexity of their business, to ensure full compliance and prevent them from happening

Firms must keep records to show their compliance with the statement

71
Q

How should your firm operate information barriers when Conflicts of Interest are being managed?

A

‘Reasonable steps’ must be taken to operate an effective barrier to prevent information passing between the two parties

Surveyors acting on the two sides must be different and physically separated

Information regarding the instruction should be securely stored

Keep an audit trail of all actions taken. Firms Compliance Officer must oversee all actions

72
Q

What guidance does the RICS provide on Conflicts of Interest?

A

RICS Conflicts of Interest, 2017

73
Q

What guidance is contained within the RICS Conflicts of Interest 2017?

A

Provides comprehensive rules for identifying and managing potential conflicts of interest:

Identification and management: Having appropriate systems and controls in place appropriate to the size and complexity of their business, to ensure full compliance and prevent them from happening

Informed Consent: If a CoI is unavoidable, it can only be managed with the informed consent of all parties involved.

Confidential Information: Handling confidential information appropriately, not disclosed without proper autortisation

Professional Independence: Professionals must maintain independence and objectivity

Documentation and Transparency: Provide a clear audit trail

74
Q

What is a own interest conflict?

A

Arieses when acting for a family member, a close business associate or someone with who you have a financial / personal interest (know as a ‘connected person’)

75
Q

Have you seen an example of a conflict of interest in your firm?

A

Insert Example (ask George)

76
Q

What is the aim of the Bribery Act 2010?

A

Reduce bribery in business in the UK and abroad

77
Q

Who is responsible for an employees’ corrupt actions under the Bribery Act 2010?

A

Companies are responsible for an employees’ corrupt acts unless they can show that they had adequate policies and procedures in place to combat bribery

78
Q

Is hospitality permitted under the Bribery Act 2010?

A

Offering clients reasonable and proportionate hospitably does not constitute an offence, as long as they are recorded in a gift hospitality register and it’s for business purposes

79
Q

Who is the Bribery Act 2010 policed by?

A

Serious Fraud Office

80
Q

What is the penalty for breaching the Bribery Act 2010?

A

Individuals: maximum 10 year imprisonment and/or unlimited fine

Companies: Unlimited fine, Financial gain must be returned and Disqualification of company director

81
Q

What are the details of your firms anti bribery procedure/policy?

A

CBRE has a zero tolerance approach to bribery and corruption

Gifts, hospitality and entertainment must be recorded on the Gifts and Hospitality register

Receiving gifts of more than £100 should be declined

Required approval for meals where value is more than £125 per head but needs to be proportional to the project.

When giving, required approval spend more than £100 per gift per person.

Must get the approval of my line manager and head of team and report any suspicious activities.

Investigations and disciplinary action for violations

82
Q

What are the key provisions of Countering bribery and
corruption, money laundering
and terrorist financing 2019?

A
  1. Written money laundering and terrorist financing risk assessment for the firm
  2. Implement systems, policies and controls and procedures
  3. Provide staff training
  4. Comply with new Customer Due Diligence (CDD), Enhanced Due Diligence (EDD) and Simplified Due Diligence (SDD) requirements
  5. Comply with the requirements relating to politically exposed persons (PEPs)
  6. Ensure appropriate record keeping policies and procedures
  7. Money Laundering Reporting Officer (MLRO) must report any suspicions to the National Crime Agency using Suspicious Activity Report (SAR)
83
Q

When should you undertake Enhanced Due Diligence?

A

If the client is a politically exposed person (PEP), a PEP family member / business associate or from a high-risk country

84
Q

Is CBRE able to accept cash payments?

A

CBRE has a policy not to accept cash payments, although Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations, 2017 allows for a maximum of €10,000 to be accepted in cash.

85
Q

How long must a firm maintain records under the Money Laundering, Terrorist Financing and Transfer of Funds (information on the Payer) regulations 2017?

86
Q

What are the penalties for failing to comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations, 2017?

A

Assisting with money laundering: maximum 14 years prison sentence and/or unlimited fine

Tipping off a person or for failing to report suspicion:
maximum 5 years prison sentence and/or unlimited fine

87
Q

Who is responsible for policing Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations, 2017?

88
Q

What is the purpose of Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations, 2017?

A

designed to combat money laundering and terrorist financing by setting out 7 provisions

89
Q

What are the key provision of the Countering bribery and corruption, money laundering and terrorist financing

A

Having appropriate internal controls

Providing Staff training

90
Q

If you were suspicious of money laundering or bribery what would you do?

A

I would not make them aware as this could be seen as ‘tipping off’ which is an offence.

Would report it to the relevant authority aka the police first.

91
Q

What is CBRE Money Laundering Policy/Procedure?

A

Risk-based approach with any high risk clients and Politically Exposed Persons escalated to the MLRO for approval

Key checks:
Client Due Diligence (identity checks)
Source of Funds and Wealth

Checks must be undertaken before ‘establishing a business relationship’

Individual client lead is responsible for assessing the risk with assistance from AML Analysis

AML records are kept for 5 years after completion

Staff provided with training when they join and additional annual training

92
Q

What is the Proceeds of Crime Act 2002?

A

Creates a set of criminal offences intended to combat money laundering.

93
Q

What are the 3 main areas of offence under the Proceeds of Crime Act 2002?

A
  1. Concealing criminal property:
  2. Entering into Arrangements
  3. Acquisition use and possession
94
Q

What is is the RICS guidance on bribery and corruption called?

A

RICS Countering bribery, corruption, money laundering and terrorist financing, 2019

95
Q

What are the 3 parts of RICS Countering bribery corruption, money laundering and terrorist financing 2019

A
  1. Requirements
  2. Guidance
  3. Supplementary guidance
96
Q

What does RICS required regulated firms to do in relation to bribery and corruption?

A

Not offer or accept anything that could constitute a bribe

Have procedures in place to comply with the law

Report suspicion to the relevant authority

Act with due diligence to perform periodic written evaluations

Retain records to show the firm has met the requirements of the Professional Statement

97
Q

What does RICS required regulated firms to do in relation to money laundering and terrorist financing?

A

Not facilitate or be complicity in ML and TF

Have a systems in place to comply with the laws
Report suspicion

Verify the client by undertaking basic ID checks

Retain records to show how the firm has met the requirements of this professional statement

98
Q

What is formal and informal CPD?

A

Formal: Includes structured learning that has clear learning objectives and outcomes

Informal: Includes self-managed learning that is relevant or related to your professional role

99
Q

How long should files be kept for?

A

A minimum of 6 years before disposing and destroying them securely

100
Q

What should you do if a third parties requests access to your files?

A

Must get clients approval first unless you are subject to a statutory duty overriding the client’s confidentiality rights e.g the police or HMRC Investigation

101
Q

What are the criteria for proving a negligence claim?

A
  1. Duty of care owed
  2. Breach of the duty of care
  3. Loss that was caused by that breach
102
Q

What does the Limitation Act 1980 state are the limits on the period for negligence?

A

6 years from the date of the negligent act, breach of contract, or omission.

If the damage is discovered later, up to 3 years from the date of knowledge of the damage.

Claims for negligence are barred if brought more than 15 years after the negligent act, breach of contract, or omission

103
Q

How can you avoid negligence claims?

A

Understand client’s objectives and confirm precise instructions in writing in the Terms of Engagement

Ensure you are competent to undertake the instruction

Undertake the work in accordance with the relevant RICS Professional Statements and Practice Information

104
Q

Who must Professional Indemnity Insurance policies be underwritten by?

A

RICS approved insurer e.g. AIG, Alianz and AXA

105
Q

What is the regulatory document issued by the RICS on Professional Indemnity Insurance called?

A

RICS Professional Indemnity Insurance Requirements - RICS Regulated 2024

106
Q

What level of Professional Indemnity Insurance cover should a new business obtain?

A

Estimate their turnover and adjust in due course

107
Q

What level of run-off cover is required following the cessation of trading?

A

Consumer claims: minimum of £1,000,000 of aggregate cover over a minimum of 6 years

Commericial claims: must consider what is an adequiate level of cover for a minimum period of 6 years

RICS recommend more length cover as claims can be made up to 15 years after the work is undertaken

108
Q

Who can retired/part-time members apply to for Professional Indemnity Insurance?

A

RICS Low Earners Scheme

109
Q

Who can members apply to if they cannot arrange Professional Indemnity Insurance?

A

RICS Assigned Risk Pool

110
Q

What are the 6 main area of good practice set out in the RICS Professional Statement Client Money Handling 2019

A
  1. Holding client money
  2. Providing information to clients
  3. Receipt of client money
  4. Payment from client accounts
  5. Accounting records and controls
  6. Compliance
111
Q

What scheme does the RICS run for instances where an RICS regulated Firm is unable to repay clients money?

A

RICS Clients’ Money Protection Scheme

112
Q

When starting a new practice, what RICS regulations do you have to comply with?

A
  1. Inform the RICS
  2. Register for regulation
  3. Obtain appropriate Professional Indemnity Insurance
  4. Put a Complaints Handling Procedure in place
  5. Health & Safety policy (if more than 5 employees)
  6. Set up procedures for handling clients’ money
  7. Set up appropriate staff training
  8. Appoint a ‘responsible principal’
113
Q

When starting a new practice, what statutory regulations do you have to comply with?

A

Disclose business name
Inform HMRC of VAT and tax registration
Insurances (employer and public liability)
Register for data protection

Financial legislation:
- Appoint a Money Laundering Reporting Officer
- Bribery Act Compliance
- Financial Services Compliance

Employment Legislation:
- Employment Law Compliance
- Equality Act Compliance
- H&S at Work Act Compliance

Building Legislation:
- Fire Safety Order Compliance
- Asbestos register

114
Q

What does the RICS require you to do if you are closing a practice?

A
  1. Inform the RICS
  2. Inform clients at earliest opportunity and make handover arrangements to another firm
  3. Return any clients’ money being handled
  4. Inform insurers and obtain PII run-off cover for a minimum of 6 years
  5. Retain copies of client files and records for 6 years minimum
115
Q

What are the greatest challenges facing the RICS?

A

Climate Change

Rapid Urbanisation

Big data and AI

116
Q

Why must a regulated firm have professional indemnity insurance?

A

its a type of insurance that covers legal liability for negligence and errors in work (protects clients and your company)

117
Q

What is the Levitt Review?

A

An independent review as a result of wrongful dismissal of 4 RICS directors after they tried to explore the suppression of a critical internal financial report.

118
Q

What is the Bichard Review?

A

Independent review commissioned by the RICS Governing council in December 2021. This was a follow up of the Levitt review and aimed to assess the institutes purpose, governance and strategy.

Overall the Bichard Review aimed to transform the RICS into a more member led organisation, ensuring that activities are centered on public advantage and improving the overall governance and transparency.

119
Q

What were the Findings of the Bichard Review?

A

36 Recommendations

A renewed and increased focus on the public interest inducing amending the Royal Charter and creating a public interest panel to advise the governing council.

Increased focuses on D&I across the profession

A new simplified, clear accountable governance structure

120
Q

What is included within your firms Terms of Engagement

A

Scope of Service
Fee basis
CHP
Limit of liability (CBRE’s PII)
Written agreement from client

121
Q

If you were at a contractor event and you won a prize, how would you deal with this?

A

Accepting the prize would be highly inappropriate especially since it’s at a contractors event, it would affect my decision making with the contractor.

I would decline the prize and suggest it be donated to a charity of the contractors choice.

I would report this situation to my line manager as well.

122
Q

What are the professional obligations for Members?

A

Members must:

Maintain 20 hours of CPD, 10 must be formal set by RICS

Provide all information that is reasonably requested by the standards and regulatory board.

Corporate with the RICS

123
Q

What are the professional obligations for Firms

A

Firms must:

Corporate with the RICS

Provided all information that is reasonable requested by the standards and regulatory board

Have a Complaints Handelling Procedure

Adequate PII cover

Arrangement for professional work to continue in the event of incapacity, death, absence, or inability to work

Designated to denote they are RICS regulated

Report matters to the RICS