Ethics 2 Flashcards
Who is responsible for corrupt acts within companies ?
Companies are responsible for corrupt acts of their employees
What should you have in place in your company to prevent bribery?
The correct procedures being in place
What are the penalties for bribery?
Up to 10 years in prison and an unlimited fine for companies
Bribery is policed by what body?
Serious fraud office
What are the 6 principles of the bribery act?
Consistency
Proportionality
Due diligence
Risk assessment
Monitoring and review
Top level commitment
What are the 4 offences of the bribery act?
Giving a bribe
Receiving a bribe
Facilitating a bribe
Bribing a public official
What is a CDD?
Customer due diligence check
What is a CDD for an individual?
Copy of passport or driving licence with a photo
Copy of bank statement credit card bill
Council tax statement or utility bill
What is CDD for PLC
Stock exchange listing
What is CDD for publicly accountable body?
Establish court ownership or control
What is CDD for private company?
Certificate of incorporation
Full name and registered number and address
Names of all directors and shareholders with more than 25% holdings
What is Integrity under the 5 rules of conduct?
Members and firms must he honest, act with integrity and comply with their professional obligations including obligations to the RICS
What is competence under the 5 rules of conduct?
Members and forms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise
What is service under the five rules of conduct?
Members and firms must provide good quality and diligent service
What is respect under the 5 rules of conduct?
Members and firms must treat others with respect and encourage diversity and inclusion
What is responsibility under the five rules of conduct?
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
Give me an example of integrity?
When we were under offer to a party on an industrial unit, I let the other interested parties know that were would not be able to proceed further. I also did this because we ensured exclusivity when under offer to the party
Give me an example of competence?
Our company has quarterly project reviews and I lead on presentation to the board for a project in Bicester
Give me an example of good quality and diligence service?
Landowner option negotiations on land in Bicester, collating a lot of plans, information and supporting information. 2 different 450 page documents to two landowners
Give me an example of respect?
Ensuring that the consultants I work with have enough time to undertake tasks competently by instructing them as early on in the process as possible
Give me an example of responsibility?
I am the coordinator for investment memorandum papers and ensure that they are presented in a good and timely manner
If you don’t know what decision to take ethically, what should you consult?
Ethical decision tree
What does the ethical decision tree do ?
It provides a framework of questions which members should ask themselves when they are facing a situation in which they are asked to act in a potentially unethical manner or situation?
What does the RICS say about the use of social media? And when would / wouldn’t they step in?
Notes the importance of social media
Likely to investigate discrimination, dishonesty, abuse, bullying
Unlikely to investigate criticism of organisations, use professional language, posts which are removed
Give 2 examples of an international standard?
Rics Valuation global standards 2021 (jan 2022)
IPMS 2019
Give two examples of a professional statement?
Conflicts of interest, global 2017
Property measurement 2018
Code for leasing business premises 2020
Client money handling 2019
What’s an example of a practice statement?
Surveyors acting as an expert witness 2014 (amended 2020)
Surveyors acting as advocates (scotland) 2008
What’s 2 examples of a guidance note?
RICS surveying safely 2018
Valuation of development property 2019
Comparable evidence in Real Estate valuation 2019
Assessing viability in planning under the NPPF 2021
Asbestos - legal requirements and best practice for property professionals and clients 2021
2 examples of codes of practice?
Code of measuring practice 2015
Rating consultancy code of practice 2017
Service charge residential management code 2016
What are the 3 steps to handle a conflict?
Step 1- conflict avoidance - is it irresolvable?
2- written advice to both parties for consent
3-conflict management eg info barrier
What does the 1980 limitation act say about the limitation periods for contract and tort law?
Contract - 6 years from the negligent act, breach of contract or omission
Tort- 6 years from when claimant suffered loss
Steps to avoid negligence: 6
Clearly understand client sobjectives
Ensure your competency
Ensure the work is in accordance with RICS standards
Make detailed notes and photographs
Keep up to daye with market knowledge
Cap the PII in the TOE
What should you do when closing a RIcS practice? 5
Inform clients
Inform RICS
Return client money
Inform ensurers regarding PI and run off cover for 6 years
Retain a copy of the client fees and records for 6 years
