Ethics and Rules of Conduct Flashcards

1
Q

What are Rules 1,2 and 3

Rule of Conduct
October 2021
Effective from 2 February 2022

A

1 = Members and firms must be honest, act with integrity and comply with their
professional obligations, including obligations to RICS.

2 = Members and firms must maintain their professional competence 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are rules 4 and 5

Rule of Conduct
October 2021
Effective from 2 February 2022

A

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 the profession.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what are the 3 RICS professional obligations for members

A

The following professional obligations to RICS are mandatory for RICS members.

  1. Members must comply with the CPD requirements set by RICS (10hours formal, 10-hours informal)
  2. Members must cooperate with RICS.
  3. Members must promptly provide all information reasonably requested by the Standards and
    Regulation Board, or those exercising delegated authority on its behalf.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what are the 7 RICS professional obligations for firms

A
  1. Firms must publish a complaints-handling procedure, which includes an alternative dispute
    resolution provider approved by RICS, and maintain a complaints log.
  2. Firms must ensure that all previous and current professional work is covered by adequate and
    appropriate professional indemnity cover that meets the standards approved by RICS.
  3. Firms with a sole principal must make appropriate arrangements for their professional work to
    continue in the event of their incapacity, death, absence from or inability to work.
  4. Firms must cooperate with RICS.
  5. Firms must promptly provide all information reasonably requested by the Standards and
    Regulation Board, or those exercising delegated authority on its behalf.
  6. Firms must display on their business literature, in accordance with RICS’ published policy on
    designations, a designation to denote that they are regulated by RICS.
  7. Firms must report to RICS any matter that they are required to report under the Rules for the
    Registration of Firms.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What level of PI cover does GTH have

A

£10,000,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is money laundering? What is your company procedure?

A

money laundering is when the proceeds of criminal activity are converted and realised as legitimate assets
company policy - carry out due diligence, or enhanced due diligence if red flags occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What penalties are there from Bribery?

A

10-years in prison, unlimited fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is meant by reasonable and proportionate?

A

Proportionality: The action you take should
be proportionate to the risks you face and
to the size of your business. So you might
need to do more to prevent bribery if your
organisation is large, or if you are operating
in an overseas market where bribery is
known to be commonplace, compared to
what you might do if your organisation
is small, or is operating in markets where
bribery is not prevalent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what is bribery

A

this is defined as 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is PII and what are the bands for coverage?

A

£100,000 or less = £250,000
£100,000 to £200,000 = £500,000
£200,000 or more £1,000,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what have the RICS recently bought out regarding PI

A

2023 RICS Approved Minimum Wording
The RICS minimum policy wording is broadly unchanged for 2023.
RICS has made some amendments to ensure clarity of drafting but none of these are material and there will be no impact on the breadth of cover available to RICS regulated firms in the UK.

There are no changes to the RICS UK PII requirements.

Chartered Surveying firms are being affected by a reduction in the supply of PII, significant increases in premiums and increased use of exclusions, particularly around exposures to fire safety. I believe that the lack of adequate, appropriate, and affordable PII availability is one of the biggest issues facing firms of Chartered Surveyors today.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what are the benefits of becoming an RICS Member

A

Status, recognition, market advantage, knowledge, network

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what are the RICS requirements when setting up a registered firm

A

Inform RICS
Appoint Responsible Principle
Register for regulation
Arrange PII and send details to RICS
Set up how you will handle client’s money
Register for the RICS Valuer Registration System
Seek RICS approval for CHP
Set up a complaints log
Appoint Complaints Handling Officer
Obtain Logo kit
Ensure CPD is logged online
Set up a staff training plan
Complete RICS Annual Return at the end of each year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what are the requirements for closing a firm

A

inform RICS
inform clients and arrange handover of work to new firm
return any client money
inform insurers
arrange run-off cover (min 6-years)
retain copy of client’s files for 6-years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is the RICS compliance for setting up a firm

A

Inform RICS
Appoint Responsible Principle
Register for regulation
Arrange PII and send details to RICS
Set up how you will handle client’s money
Register for the RICS Valuer Registration System
Seek RICS approval for CHP
Set up a complaints log
Appoint Complaints Handling Officer
Obtain Logo kit
Ensure CPD is logged online
Set up a staff training plan
Complete RICS Annual Return at the end of each year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what role does Michael Gove have

A

Secretary of state for levelling up, housing and communities and minster of intergovernmental relations

17
Q

what do you need to include within an annual return to the RICS

A

Need to include the following in an annual return:

Type of business and staffing details
Statutory regulated services e.g. financial services
Nature of clients
CHP details and records
PII details
Whether the firm handle’s client’s money

18
Q

Firms required to register

A

3.1 A Firm is required to register for regulation by RICS if:
a the Firm provides surveying services to the public
b the Firm is operating in Regulated Area A
c at least 50% of the Firm’s Principals are RICS Members.
3.2 RICS Members who are also Principals of a Firm that is required to register under Rule 3
must take all reasonable steps within their power to ensure that an appropriate application
to register for regulation by RICS is made on behalf of the Firm.

19
Q

4 offences under the bribery act

A

receiving a bribe, giving a bribe, bribing a public foreign official and/or failing to prevent a bribe

20
Q

what is the structure of the RICS

A

Royal Charter
Bye Laws
Regulation

Privy Council
Governing Council
Standards & Regulatory Board / Management Board / Audit Committee
Management Board comprises 17 professional groups.

21
Q

3 main roles of the RICS

A

3 main roles:

Maintain high education and training standards
Protect consumers through regulations and standards.
Leading source of information and advice for the sector.

22
Q

What is the RICS Ethical Decision Tree and list three things?

A

The decision tree provides a framework of questions that members should ask themselves when facing a situation in which they are asked to act in a potentially unethical manner.

Is it legal?
Is it in line with the RICS ethical standards?
Happy for it to be made public?

23
Q

What are the minimum PII requirements?

A

Based on firm turnover:

Less than £100k = £250k min
£100,001 to £200k = £500k min
> £200,001 = £1,000,000

24
Q

In relation to PII, what does retroactive mean?

A

The policy covers claims that are made within the insurance period, regardless of when the negligent act occurred.

25
Q

What are the maximum levels of uninsured excess required by the RICS?

A

You can’t have much uninsured excess.

Limit of indemnity / Maximum uninsured excess

upto £500k = the greater of 2.5% of the sum insured or £10,000

more than£500k = 2.5% of sum insured

26
Q

what is PII and what is it for

A

Professional Indemnity Insurance, to protect surveyors, clients and third parties against negligence claims when there is a duty of care breached for damages (negligence claim)

27
Q

who is GTH’s data protection officer

A

Justin Lowe

28
Q

what are the main methods of alternative dispute resolution

A

ADR - fall outside the court of litigation -
mediation (negotiation)
Arbitration (appoint arbitrator)
expert witness