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RICS APC Commercial Real Estate S2 2022 > Ethics, Rules and Professional Conduct > Flashcards

Ethics, Rules and Professional Conduct Flashcards

1
Q

Why do you want to become a Chartered Surveyor?

A

I would like to become a member of the Royal Institute of Chartered Surveyors because it would provide me with increased credibility in the eyes of my clients, help me maintain and further my professional competency, and provide me with access to a network of 130,000 property professionals worldwide

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2
Q

Who is the Current President of the RICS? And when was she in power from?

A

Clement Lau, from September 2021.

Ann Gray is President-Elect.

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3
Q

Who is the Current Chief Executive Officer of the RICS in the UK

A

Richard Collins

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4
Q

Who enforces the bribery charges?

A

Serious Fraud Office

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5
Q

Where would it be stated the level of Professional Indemnity Cover that you intend to offer your client?

A

In the terms of business, that are to be agreed before the instruction is undertaken.

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6
Q

Mentioned in submission

What are the 5 RICS Global Professional and Ethical Standards (2022)?

A
  1. Members and firms must be honest, act with integrity and comply with their professional obligations
  2. Members and firms must maintain their professional competence
  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
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7
Q

What are the four membership levels (starting with the most junior)?

A
  1. Trainee Member
  2. AssocRICS
  3. MRICS
  4. FRICS
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8
Q

What’s the Role of the RICS, according to the RICS Global and Professional Ethical Standards (2022)?

A

Under its Royal Charter, RICS is required to maintain the usefulness of the profession for the public advantage, and the practice of surveying is defined as including ‘securing the optimal use of land and its associated resources to meet social and economic needs’.

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9
Q

What are the Recent Changes to the RICS bye-laws?

A

Voted for in March 2019, they then had to be approved by Privy Council

Governing Council will go from 50 seats to 25 seats, with:

  • 15 geographical seats (6 from the UK and EMEA, the remainder from the Rest of the World).
  • 6 elected strategy members
  • 4 officer members (presidential team)

A new Chair of the Governing Council (will be elected for 6 years).

The President of the RICS will take on more of an ambassadorial role.

A new standards and regulations board

The current Conduct and Appeal Committee will be renamed the RICS Regulatory Tribunal.

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10
Q

In what year did the RICS receive its Royal Charter?

A

They received their royal charter in 1881

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11
Q

What is the Governing Structure of the RICS?

A

Currently, the Governing Council is in charge of the management of the RICS.

This has four boards that report to it:

(1) The Regulatory Board
(2) The Audit Committee – Mike Driver
(3) The Management Board
(4) The Nominations and Remunerations Committee

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12
Q

How do you become a Fellow of the RICS?

A

You must submit evidence of achievement of four fellowship characteristics, which are:

  • 5 years or more as an MRICS
  • A leadership role in the industry
  • Professional Technical Achievement
  • Academic Achievement
  • Raising the profile of the RICS
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13
Q

When was the RICS Founded?

A

The Royal Institute of Chartered Surveyors was founded in 1868

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14
Q

What are the 5 Principles of the RICS Regulation for Members and Firms (2007)

A
  1. Proportionality
  2. Accountability
  3. Consistency
  4. Targeting
  5. Transparency

P-A-C-T-T

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15
Q

What other Ethical Standards Does the RICS Promote?

A

The RICS promotes the International Ethics Standards (2021), that are published by the International Ethics Standards Coalition and provide an ethical framework for the global property market.

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16
Q

What are the RICS Rules of Conduct for Members 2020?

A

The RICS Rules of Conduct for Members 2021, set out the standards for professional conduct that the RICS expects from its members, they include standards on:

  • Ethics
  • Competency
  • Service
  • CPD
  • Solvency
  • Information to the RICS
  • Co-Operation with the RICS

“ECS, CPD, SIC”

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17
Q

What are the Benefits of Being an RICS Regulated Firm?

A

The RICS State three benefits of regulation for firms: “CPS”

  1. Confidence - for clients as regulated firms are controlled by RICS Regulation.
  2. Professionalism – firms will have to provide clear, impartial and expert advice.
  3. Security – firms have to have a recognised complaints handling procedure, access to free independent redress and PII cover.

“CPS”

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18
Q

What are the Requirements for Registration as an RICS Regulated Firm?

A
  • After April 2020, the criteria require firms to have at least 25% of their principals as RICS qualified, and there is the requirement for a responsible principal to provide accountability and engagement with RICS standards and regulations.
  • Firms can be corporations, limited liability partnerships or sole practitioner, partnerships.
  • There are strict rules on the use of the RICS logo. Firms that are registered have to use the “Registered by RICS” designation.
  • Firms that provide a surveying service to the public are required to register for regulation to ensure there is a benchmark of quality for all firms.
  • Regulation provides a Gold Standard of quality for clients
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19
Q

What six pieces of information does the RICS require from a firm for registration?

A

The RICS requires the following details as an annual return:

  1. Type of Business and Staffing Details – Firm Detail Form
  2. Statutory Regulated Activities – Such as financial services.
  3. Nature of Clients
  4. Complaints Handling Procedure Details and records
  5. Professional Indemnity Insurance
  6. Clients’ Money

(TSNCPC)

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20
Q

What are the 7 rules that form Part II of the RICS rules of Conduct for Firms (2020)?

A

(1) Professional Behaviour
(2) Competence
(3) Service
(4) CPD
(5) Complaints Handling
(6) Client’s Money
(7) Indemnity Insurance

“PCS, CPD, CCI”

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21
Q

What are the 6 rules that form Part III of the RICS rules of Conduct for Firms (2020)?

A

(1) Advertising (A firm shall advertise honestly)
(2) Solvency
(3) Cover Death (If sole practitioner)
(4) Designations (Must use the logo on reporting)
(5) Information to the RICS (share with them)
(6) Co-operate with the RICS

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22
Q

Is your firm regulated by the RICS, and if so what level of PI insurance do you have?

A

No

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23
Q

If a breach of Conduct is Referred to the Disciplinary Hearing, what Penalties can be Imposed on the Breaching Party?

A

Referral to the Disciplinary panel is used for more serious breaches, the head of regulation can consider that a hearing is required under the discipline rules, 50% of this panel are lay members (i.e. not RICS). Penalties can be:

  • Issue a consent order
  • Impose an unlimited (but proportionate) fine for each breach.
  • Conditions on Continued Membership of the RICS.
  • Expulsion from Membership or Remove a firm.
  • Require publication of the results of a hearing in Modus magazine, on the RICS website and in the local newspaper of the area where the offending firm is located.
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24
Q

Rank RICS Regulation, and state whether they are Mandatory or Voluntary (There are 5, from most important to least)

A
  1. International Standards (Mandatory) – E.G. IVS (2020) / IPMS (2018)
  2. Professional Statements (Mandatory) – E.G. Conflicts of Interest – UK Commercial Property Market Investment Agency, (2017)
  3. Practice Statements (Mandatory) – E.G. Very Few of these (Home Buyer Report (2016) for example)
  4. Guidance Notes (Voluntary) – Surveying Safely (2018)
  5. Codes of Practice (Mandatory or Recommended Practice)
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25
Q

What must you include in the Terms of Engagement prior to starting work on an instruction?

A

There must be a written agreement with the client on:

  • The fee due
  • How expenses are to be treated, including how they are to be calculated
  • A copy of the firm’s complaint handling procedure will be available on request.
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26
Q

What 3 things should you do prior to undertaking an instruction?

A

You should check that there are no personal or professional conflicts of interest in accepting the instruction, ensure that you are professionally competent to complete the instruction, and confirm terms of engagement in writing prior to beginning work on the project.

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27
Q

What did the RICS publish on Conflicts of Interest?

A

The RICS published a global professional statement: “RICS Professional Statement on Conflicts of Interest (2017)”

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28
Q

Mentioned in submission

Where might a conflict of interest arise?

A

Examples of a conflict of interest may include, a financial interest, a personal interest, commercial relationships, or acting on both sides of a transaction.

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29
Q

In what circumstances might a conflict of interest not cause you to decline an instruction?

A

If you identify a conflict but believe that despite the conflict it is in the best interests of all those involved for you to proceed with the instruction and you have the informed consent of your client, then you may proceed despite the conflict

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30
Q

According to the RICS Global Professional Statement on Conflicts of Interest, 2017, what three types of conflict might arise?

A
  1. Party Conflict – work on same or related instruction between two parties
  2. Own Interest Conflict or Personal Conflict
  3. Confidential Information Conflict relating to work between two parties which is confidential
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31
Q

How might a conflict of interest be managed, should you receive written consent and proceed with an instruction?

A

If you receive written consent from all parties involved to proceed with the instruction despite the identified conflict, information barriers should be put in place, including keeping all related information securely, ensuring physical separation of the two professionals involved, and keeping an adequate audit trail of the acceptance of written consent.

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32
Q

What does “RICS Professional Statement Conflicts of Interest – UK Commercial Property Market Investment Agency, 2017,” say about dual agency?

A

It should not happen under any circumstances for RICS members, as of the 1st January 2018.

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33
Q

What does “RICS Professional Statement Conflicts of Interest – UK Commercial Property Market Investment Agency, 2017” say about Multiple Introductions?

A

The statement says that this can happen and that in all circumstances the agency agreement (Terms of Engagement) must state whether the instruction is on an exclusive or non-exclusive basis.

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34
Q

What does “RICS Professional Statement Conflicts of Interest – UK Commercial Property Market Investment Agency, 2017” say about incremental advice?

A

The statement says that in such instances, advice can only be provided in circumstances where there is written informed consent and information barriers are created internally.

Incremental advice example: agent acting for the seller in relation to a disposal is approached by the buyer, or its lender, to provide a valuation.

35
Q

Can you give an example of where a conflict of interest has been managed in your firm?

A

-

36
Q

How long should you retain a client’s files prior to securely destroying them?

A

6 years

37
Q

Mentioned in submission

How many Hours of CPD must an RICS member do each year?

A

20 hours, 10 of which must be formal

38
Q

Are there any Rules Concerning CPD and Professional Ethical Standards?

A

Yes, every member of the RICS must undertake 20 hours of CPD each calendar year, with at least 10 hours of that being formal CPD.

Additionally, members are required to undertake CPD related to the Global Professional and Ethical Standards every three years.

39
Q

Mentioned in submission

What RICS Professional Statement recently got Produced on the topic of Money Laundering? And from when is it Effective?

A

RICS Professional Statement – Countering Bribery, Corruption, Money Laundering and Terrorist Financing (2019). Effective from 01 September 2019

40
Q

Mentioned in submission

What is the penalty for bribery?

A

Up to 10 years in prison.

41
Q

What legislation allows authorities to recover the proceeds of crime in the UK?

A

The Proceeds of Crime Act (2002)

42
Q

What are the penalties for assisting with Money Laundering under Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) 2017?

A

If you are found to be assisting in the laundering of money you can face up to 14 years in prison and an unlimited fine. If you fail to report money laundering, and or tip someone off that they are under investigation for money laundering you can also face up to 5 years in prison and an unlimited fine.

43
Q

What report would a firm’s money laundering reporting officer produce should they suspect suspicious activity and where would they send it?

A

They would produce a Suspicious Activity Report (SAS) and would send it to the National Crime Agency.

44
Q

What position/role must each firm have in place under Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) 2017?

A

Money Laundering Reporting Officer

45
Q

What is a PEP, and what are you required to carry out when working with one?

A

A politically exposed person. You are required to undertake further checks or “Enhanced Due Diligence” EDD when working with one. They present a higher risk of being involved in bribery or corruption due to the nature of their position.

46
Q

What piece of UK legislation covers money laundering in relation to estate agency work and ‘relevant financial business work’?

A

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

47
Q

What are your Company’s Policies on Bribery?

A

-

48
Q

Mentioned in submission PTRDCM

What are the 6 Key Principles of the Bribery Act (2010)

A

1) Proportionality
2) Top Level Commitment
3) Risk Assessment
4) Due Diligence
5) Communication
6) Monitoring

49
Q

Mentioned in submission

What are the Four Offences Under the Bribery Act (2010)?

A

The four offences are: Bribing, receiving a Bribe, Bribing a foreign public official, and failing to prevent bribery.

50
Q

What are the Gender Pay Gap Reporting Regulations?

A

Firms with over 250 employees are required to complete an annual report to ACAS and the Government Equalities Office, stating the difference in pay between their male and female employees.

51
Q

How were the rules for registration as a newly regulated firm changed, and when are they Changed?

A

As of April 2020, you will no longer require 50% of your firm’s principals to be RICS-qualified members (AssocRICS, MRICS, FRICS), instead, the requirement will be lowered to 25%. If a firm is unable to meet this requirement they are still able to apply to be registered at the discretion of the RICS Head of Regulation, providing that,

  • They have a plan to ensure compliance in the near future.
  • They are associated with/supported by another registered firm.

The RICS has published a Guidance Note outing this change and also the changes to the rules surrounding the use of the RICS logo.

Previously, a firm outside of the UK that had one member who was chartered, could use the “Regulated by the RICS” logo. However, now it has been changed so that only regulated firms can use the logo.

52
Q

What changes were implemented to the RICS Client Money Protection Scheme in April 2019?

A

In April 2019 RICS updated the scheme rules for client money protection following the Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018 coming into effect.

RICS-regulated firms that hold client money must therefore ensure that they are registered with the appropriate RICS scheme:

  • the RICS Client Money Protection Scheme for Surveying Services, which generally applies for client money held by RICS-regulated firms in the United Kingdom or
  • the RICS Client Money Protection Scheme for Property Agents, which meets the specific provisions that apply for property agents from 1 April 2019 for client money held in connection with letting agency work and property management work in England
53
Q

What are the requirements for a client account?

A
  • Must have client money in the name
  • Funds must be readily available for the client upon request
  • All interest to be paid to the client
  • Only client monies are held unless receipt of mixed monies, in which case office monies are to be released promptly
  • If the client wants access to the account too, then the account is set up by the client, not the RICS firm
54
Q

What is the RICS documentation on handling client money?

A

RICS Professional Statement on Client Money Handling 2019

55
Q

What happens if you have surplus client money in a Client Account?

A

If after at least 6 years no claimant has come forward for the money and every effort has been made to identify that person then it can be donated to a registered charity.

The RICS has a registered charity, LionHeart, to which you can donate to. Ideally, the charity will provide an indemnity, so that if a claimant comes forward at a later date then they can be paid.

56
Q

What’s the difference between a claim in contract and a claim in negligence?

A

A contractual claim can only be brought by a party to the contract (i.e the client). A claim of negligence can be brought by a third party, to whom the surveyor owed a duty of care.

The Limitations Act 1980 limits claims in contract to six years from the omission, error, breach of contract, and limits claims in negligence to 15 years from the negligent act.

57
Q

Has the RICS published anything on Negligence and Professional Indemnity Insurance?

A

Yes, RICS Risk, Liability and Insurance in Valuation Work (2018). This is a guidance note that was published in January 2018.

It gives advice on the court’s position on property valuer liability, Professional Indemnity insurance in relation to valuation, third-party reliance, liability caps and contractual terms.

58
Q

What does the RICS say about Pro-Bono Work for Charities or Friends?

A

You are still required to draw up terms of business, and you still need Professional Indemnity Insurance, which would be stated therein.

59
Q

What is the RICS Requirement for Run-Off Cover once a firm closes?

A

The RICS requires that for consumer cover, a firm maintains at least £1,000,000 of cover for 6 years. For commercial firms, the firm should decide what level of cover is appropriate for 6 years after. The RICS recommends that you have cover in place for longer, as you are liable for negligent acts for up to 15 years under section 14A of the Limitations Act (1980).

60
Q

What else does the RICS say about Professional Indemnity Insurance, other than the level of cover required?

A

The RICS states that a chartered surveying practice must:

  1. Seek cover from an RICS approved insurer.
  2. Have a Retroactive Policy.

Provide details of their cover as part of a regulated firm’s annual return to the RICS

61
Q

How might you avoid claims of negligence made against you?

A

Follow RICS guidance during practice, make sure you have a clear understanding of you clients requirements and clearly state and outline these in your scope of works and terms of engagement, and ensuring that I am competent to undertake the instruction prior to proceeding.

62
Q

What level of Professional Indemnity Insurance does the RICS require practising surveyors to have?

A

The RICS requires, according to RICS Requirements for Professional Indemnity Insurance (2019);

that for firms with a turnover of less than £100,000, they have a professional indemnity cover of at least £250,000 for each claim,

for firms where turnover is between £100,001 and £200,000 they require cover for each and every claim of £500,000 plus,

and for firms where turnover exceeds £200,001, they are required to have a cover of at least £1,000,000 for each and every claim.

63
Q

What level of Professional Indemnity Insurance does your firm have?

A

none

64
Q

Where would it be stated the level of Professional Indemnity Cover that you intend to offer your client?

A

In the terms of business, that are to be agreed before the instruction is undertaken.

65
Q

Can you give an example of a case in which the acceptable margin of error of +/- 15% was adopted to uphold the decision in favour of the valuing surveyor?

A

Dunfermline Building Society v CBRE (2017)

66
Q

What is the legally acceptable Margin of Error in Property Valuation?

A

Following the case of K/S Lincoln and Others v CB Richard Ellis (2010), it was established that there was an acceptable margin of error of +/- 5% for single residential properties, +/- 10% for single commercial properties, and +/- 15% for more complex holdings.

67
Q

What did Singer & Friedlander Ltd. v J D Wood (1977) establish?

A

That for relatively simple valuations there is smaller margin for error and for more complicated valuations there is a greater margin of error acceptable.

68
Q

Does a residential valuer acting on behalf of a lending bank have a duty of care to a mortgagor purchaser?

A

Yes, there is a duty of care, and this was established in Yianni v Edwin Evans (1981).

However, if the advice is in respect of a buy-to-let purchase, then it may be argued that there is an obligation on the “commercially astute” borrower, as established in the Court of Appeal case; Scullion v Bank of Scotland (2010).

69
Q

What are the different types of documents the RICS publish?

A
  1. RICS Rules of Conduct for Members and Rules

of Conduct for Firms

  1. International Standard
  2. RICS Professional Statement
  3. RICS Guidance Note
  4. RICS Code of Practice
  5. RICS Jurisdiction Guide
69
Q

What are the different types of documents the RICS publish?

A
  1. RICS Rules of Conduct for Members and Rules

of Conduct for Firms

  1. International Standard
  2. RICS Professional Statement
  3. RICS Guidance Note
  4. RICS Code of Practice
  5. RICS Jurisdiction Guide
70
Q

What is the new RICS Professional Statement on Clients Money called and what does it do?

A

The statement is called “Client Money Handling”, published October 2019. Effective from January 2020. It provides advice for the RICS members in relation to the holding of client monies.

71
Q

What are the Three Objectives of Client Money Handling (2019)?

A
  1. Keep Client’s Money Safe
  2. Client accounts are used appropriately
  3. RICS – regulated firms have appropriate procedures in place to ensure best practice
72
Q

What are the 8 Mandatory Requirements of Client Money Handling (2019)?

A

RICS Regulated firms must provide the following to clients in writing:

  • Confirm that client’s money is to be held in a client account (including bank account details), which the firm has exclusive control over.
  • “client” in the name of the bank account
  • Not to hold office money in the account, unless it is in receipt of mixed monies
  • Only withdraw out of high interest (penalty-bearing account) with written consent from the client.
  • client’s money account contains no other funds, and funds withdrawn in error are replaced.
  • money held in a client account is immediately available even at the sacrifice of interest.
  • Confirm account operating conditions with bank (No set-off for other firm accounts, no mixing of funds)
  • Ensure that when a client requests it, money is held in an account that the firm and client have access to. (Has to be an account established by the client, not the firm).
73
Q

What would you consider if you were invited to a sporting event?

A

I would consider the value of the gift, the situation in which I was being entertained (not alone) and the scope of ongoing and future works with that client. I would consider whether it was appropriate for me to attend and whether it would impact on my integrity as a practitioner. I would ensure that any gift accepted would not be during a current instruction and any fees payable would already made.

74
Q

How did you Carry Out a Conflict-of-Interest Check?

A

-

75
Q

If you had valued the property next door would you be conflicted?

A

No, not necessarily. You would in fact be well placed to inform on the value of that property.

76
Q

What should you include in the Terms of Business?

A

You must include in the Terms of Business, the fee involved, the scope of work to be carried out, the time in which the instruction is to be completed, the level of professional indemnity cover, and details on the company’s complaints handling procedure.

77
Q

When starting a new practice what would you do in regard to VAT?

A

You must inform HMRC for VAT and Tax registration – current threshold is £85,000 p.a. in turnover.

78
Q

Mentioned in submission

What are the key elements of the RICS Professional Statement on Countering Bribery and Corruption, Money Laundering and Terrorist Financing, 2019?

A

NHRPR

Mandatory requirements are:

  • Not to offer or accept anything that could constitute a bribe.
  • Having procedures in place to comply with the law.
  • Report suspicion to the relevant authority.
  • Perform periodic written evaluations of the risks the firm faces.
  • Retain records to show the firm has met the requirements of the Professional Statement.
79
Q

What are the 5 exceptions from Red Book Global valuations?

A

In PS 1 – Compliance with standards and practice statements where a written valuation is provided.

E-A-S-I-N

(1) Expert Witness work.
(2) Agency and Brokerage work.
(3) Statutory work – e.g. for a tax return.
(4) Internal Purposes – no 3rd party reliance.
(5) Negotiations or Litigation

80
Q

What is the RICS professional statement regarding conflicts of interest?

A

RICS Global Professional Statement on Conflicts of Interest, 2017

81
Q

What are the three types of conflicts of interest?

A

(1) ‘Party Conflict’ – relating to work on the same or related instruction.
(2) ‘Own Interest Conflict’ – relating to a personal interest.
(3) ‘Confidential Information Conflict’ – relating to work between two parties which is confidential.

82
Q

What is ‘informed consent’?

A

Consent to carry on with an instruction that involves a conflict of interest. Can only be given in writing by the party if it is entirely transparent about any material factors. Party must understand what they are doing. Surveyors should only seek informed consent if satisfied that all parties are best served by doing so.

RICS APC Commercial Real Estate S2 2022 (21 decks)

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