Ethics, Rules of Conduct and Professionalism (L3M) Flashcards
What year was RICS founded?
1868 in London. Leased offices at 12 Great George St, Parliament Square, where headquarters still are today.
Where is the RICS headquarters?
Parliament Square, London - it’s here as they wanted to be close to the government
What is the RICS motto?
Translates to “there is measure in all things”
Who is the RICS president?
Clement Lau
Who is the RICS President Elect?
Ann Gray
Why do you want to be a member of the RICS?
I want to be part of a prestigious organisation which allows me to progress my career in an industry I am passionate about. It will give me recognition and status to work with clients on a greater level. 16% of members are women…
What are the benefits to membership and for RICS regulated firms?
To membership:
- Market advantage
- Professional recognition
- Knowledge - International Practice Standards
- Status
- Global Network
Of regulated firms:
- Confidence for clients
- Professionalism
- Security (need to have PII & CHP in place)
What is the RICS Governing Structure?
- Privy Council
- Governing Council (25 members)
- Regulatory Board - Audit Committee - Management Board
What are the 3 main roles of RICS?
PIS (Protect, Information & Standards)
- Protect consumers through strict Regulation
- leading source of Information and advice
- maintain highest Standards of education and Training
What is the RICS Disciplinary action?
- Action by the Head of Regulation (formal investigation):
- Fixed penalty notices/consent orders
- Refer to disciplinary panel - serious matters - Action by Disciplinary Panel (issue penalties) - more serious breaches (50% of lay members on panel):
- Consent order
- Unlimited fine
- Suspension/expulsion
- Publication of hearing result - Appeals Panel (50% of lay members on panel):
- Fixed penalty notice
- Disciplinary panel findings
- Future registration conditions
What are RICS disciplinary penalties?
- Consent order
- Unlimited fine (proportional to offence)
- Expulsion from RICS
- Publish results from hearing
How should you handle clients’ money?
- Keep account separate/identifiable (use word ‘client’)
- Client must be able to have money on command
- Agree interest payment procedures
- Keep accurate records
What are the RICS Core Ethical Standards?
STIRR:
- Standard of service (refer work if not competent - vals)
- Promote trust in the profession (inform of conflict)
- Act with integrity (inform of conflict)
- Take responsibility (Trinity planning error)
- Treat others with respect (mentor younger grads, treat all equally)
What are the RICS principles of better regulation?
PACTT:
- Proportionality
- Accountability
- Consistency
- Targeting
- Transparency
What are the RICS Rules of Conduct for Members?
RICS Rules of Conduct (effective from 2 March 2020):
ECS CPD SIC:
- Ethical behaviour
- Competence
- Service
- Continuing Professional Development (CPD)
- Solvency
- Information to RICS
- Cooperation
What are the RICS Rules of Conduct for Firms (2020)? (13 incl firms administration (the admin side of a business))
PCS CPD CCP:
- Professional behaviour
- Competence
- Service
- CPD and training
- Complaints handling
- Clients money
- PII
What are the RICS Rules of Conduct for Firms in administration?
SICADD:
- Solvency
- Information to RICS
- Cooperation
- Advertising
- Agreements to cover incapacity & death
- Use of designations
List the International Ethical Standards
Expansion on existing RICS global professional and ethical standards. There are 10 and they include:
TICTAC FLRS:
- Trust
- Integrity
- Confidentiality
- Transparency
- Accountability
- Conflict of Interest
- Financial responsibility
- Lawfulness
- Reflection
- Standard of Service
What would you need to do in order to start a new practice?
- Inform
- Register
- Appoint contact
- RICS Valuation
- Complaints officer and log
- Clients’ money procedures
- PII (RICS Pooled Cover)
- Arrangements for succession (locum surveyor)
- CPD
What legal considerations need to be taken into account when starting a new practice?
- Business Names Act 1985
- Bribery Act 2010
- Data Protection Act 1998
- Equality Act 2010
- Financial Services Act 2012
- Health and Safety Act 1974
- Inform HMRC - VAT threshold = £85k
- Money Laundering, Terrorist Financing and Transfer of Funds - appoint MLRO.
What needs to be done when closing down a practice?
- Inform RICS
- Inform clients
- Return clients’ money
- PII - 6 years runoff - min £250k
- Retain clients’ files - min 6 years
What information needs to be included in the RICS Annual Return?
- Type of business/staff details
- Statutory regulated activities
- Nature of clients
- CHP
- PII details
- Client money details
What are the PII cover thresholds?
Below shows categories for the firm’s turnover in the preceding year and the minimum level of indemnity:
- £100,000 or less = £250,000
- £100,001 - £200,000 = £500,000
- £200,001 and above = £1,000,000
- runoff cover needs to be 6 years at £1,000,000 - PII update 1st April 2021
- to manage the risk adequately, some firms may wish to hold a higher level of indemnity.
What is the maximum level of insured excess?
The part of each claim the firm must pay itself:
Liability of up to £500,000 - max uninsured excess = greater of 2.5% or £10,000
Liability of over £500,000 = max uninsured excess = 2.5% of sum insured
What does the Estate Agents Act 1979 apply to?
- Disposal/acquisition of an interest in land
- Freehold/leasehold with capital value and land
Who is the Estate Agents Act 1979 policed by and what are the punishments for not adhering to it?
- Policed by Trading Standards Office - prohibition or warning order
What is the cooling off period for the Estate Agents Act 1979?
- Cooling off period - 14 days
Define bribery
The offer, promise, giving, demanding or acceptance of an advantage as an inducement for an action that is illegal, unethical or a breach of trust.
What legislation relates to bribery?
- The Bribery Act 2010
- Proceeds of Crime Act 2002
(- RICS Professional Statement: Countering Bribery and Corruption, Money Laundering and Terrorist Financing (September 2019))
What are the offences for bribery?
4 offences:
- Bribing
- Receiving a bribe
- Bribing a foreign public official
- Failing to prevent bribery
Who is bribery policed by? What are the punishments?
- Policed by Serious Fraud Office
- Max 10 years in prison & unlimited fine
What are the principles of the Bribery Act 2010?
PTR DCR:
- Proportionality
- Top level commitment
- Risk assessment
- Due diligence
- Communication
- Monitoring and Review
What are the changes that have been made to the RICS Rules of Conduct? When will these come into effect?
- A simpler structure - consolidating Rules of Conduct for Members, for Firms and the Global Professional and Ethical Standards into one document
- Clear examples for each rule
- Sustainability - embedded to provide assurance to clients that members will help them make decisions and recognise the challenges of climate change
- Evolving use of technology
- Focus on respect, diversity and inclusion
*Changes come into effect on 2nd Feb 2022
What will the new RICS Rules of Conduct be?
New rules for Members AND firms:
- HONESTY & INTEGRITY: Must be honest, act with integrity and comply with their professional obligations, including obligations to RICS
- MAINTAIN COMPETENCE: Must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise
- QUALITY SERVICES: Provide good quality and diligent services
- RESPECT, DIVERSITY & INCLUSION: Treat others with respect and encourage diversity and inclusion
- RESPONSIBILITY: Act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession
What are the key principles of the RICS Countering Bribery and Corruption, Money Laundering and Terrorist Financing Professional Statement (Sep 2019)?
- Do not offer or accept anything that could constitute a bribe
- Report any breaches to relevant authority
Firms:
- Comply with applicable laws
- Reform periodic written evaluations of risk that the firm faces
What are the key principles of the Money Laundering Terrorist Financing and Transfer of Funds Regulations, 2017?
- Cash limit of £10,000
- Enhanced DD on all clients (Suspicious Activity Reports)
- Check purchaser as well as vendor
- Seek evidence of funds
- Maintain records for 5+ years
* All companies must have a MLRO
What AML checks are required?
Due Diligence - Customer, Enhanced (PEPs), Simple
PLC - certificate, register number, office and address, directors
Private - proof of ID, proof of address
What is Customer Due Diligence? (CDD)
- Identify client by passport or drivers licence
- Identify Ultimate Beneficial Owners (UBOs)
- Company name, number and address
- Names of any directors
- Business relationship
- Funding arrangements
What is required for enhanced due diligence?
- Additional procedures for PEPs and majorly sanctioned countries
- Detailed examination of their background and the purpose of the transaction
- More detailed monitoring
What is a PEP?
A Politically Exposed Person is:
- An individual with a prominent public function
- High risk of bribery or corruption
- Eg Members of Parliament, Ambassadors etc
What are the majorly sanctioned countries?
- Cuba
- Iran
- North Korea
- Sudan
- Syria
What are the money laundering penalties?
Assisting:
- 14 years in prison
- Unlimited fine
Tipping off/failure to report:
- 5 years in prison
- Unlimited fine
What is required in Terms of Business?
- Client engagement
- Definitions
- Fees/expenses
- Disbursements
- Confidentiality
- Data protection
- Conflicts of Interest
- Complaints Handling Procedure
- Liability and insurance
- Termination
What is the legislation relating to GDPR?
General Data Protection Regulation from the Data Protection Act 2018 - replaces Data and Protection directive, designed to harmonise data privacy laws across Europe.
What are the GDPR Rights?
8 rights to the individual:
- Right to be informed
- Right to access
- Right to rectification
- Right to erasure
- Right to restrict processing
- Right to data portability
- Right to object
- Right to not be subject to automated decision making
What is the purpose of the RICS Professional Statement: Conflicts of Interest - UK Commercial Property Market Investment Agency (1st ed, May 2017)?
- UK-specific where specific risks have been identified with investment agency (informed consent must be given - must have all facts):
- Dual agency (prohibited): cannot act for buyer and seller
- Multiple introductions - allowed if on non-exclusive basis, information barriers
- Incremental advice (advised something then it carries on going and becomes a conflict) - allowed: information barrier must be in place
- Personal/own interest must be declared, remuneration stated (s21 Estate Agents Act)
What is contained within the RICS Complaints Handling Guidance Note 2016?
- Refer to Rule 7 of RICS Rules of Conduct for firms: ‘A firm shall operate a CHP and maintain a complaints log. The CHP must include an Alternative Dispute Resolution (ADR) mechanism that is approved by the regulatory board’
- Not a substitute for taking independent legal advice
- ToE help to define circumstance/context in which complaints may be made or managed
What is the ‘initial notification stage’ of the Complaints Handling procedure?
- Inform broker/insurer straight away
- Preliminary notice must be acknowledged in writing within 21 days.
Who is the interim CEO?
Richard Collins
Would you accept a gift from a client?
I would assess whether it was reasonable. If it was, I would complete a Declaration form for Gifts and Entertainment, stating:
- Client details
- My relationship with the client
- Business justification
- Potential conflicts of interest
Who is the interim Chair of Governing Council?
Nick Maclean
What would you do if you were offered a gift during an instruction?
Politely decline as the instruction is not yet complete and this could impact my impartiality.
What are some issues currently facing the RICS?
- Alison Levitt QC Enquiry
- Defining our future consultations
- Rules of Conduct changing to one set of 5 rules (now been published - effective from 2 Feb 2022)
What is the Levitt Review?
- Articles have appeared in the Press suggesting that the RICS tried to suppress a critical internal report into its finances and then wrongly censured and let go those who sought to explore the issue.
- Alison Levitt QC has recently undertaken an Independent Review of the governance, obligations and duties of the RICS.
What is your opinion on the outcome of the Alison Levitt QC enquiry?
Disappointed - as members and firms we have to uphold and adhere to strict ethical rules, which seemingly the RICS did not adhere to.
- However, RICS has accepted the recommendations offered. Eg: the Governing Council has begun work on a overarching statement which emphasises the culture and behaviours of openness and ethical conduct are as important as governance structures.
The Governing Council has now appointed Lord Michael Birchard to lead an independent review into the Institution’s Purpose, Governance and Strategy. The review will make firm recommendations on the purpose and governance structure.
Tell me about the Defining our Future
- Kath Fontana (previous president) launched this review.
Main aim is to review RICS business plan:
1. How to maintain public and stakeholder trust
2. How to ensure RICS remains a sustainable body
3. How RICS can be aligned to further reinforce relevance to members.
What is the difference between Conflict Avoidance and Conflict Management?
Avoidance - decline as can’t act impartially
Manage - accept and manage as can act impartially.
Who regulates the RICS?
The regulatory tribunal:
- Independent from RICS
- Provide the profession with an effective, fair and independent judicial body
- Consists of lay members and RICS members
What is the Standards and Regulatory board?
- Responsible for exercising the standards and regulatory functions of the RICS.
- Report annually to the governing council.
How can a firm become regulated?
Firms who provide a surveying service to the public are required to register - need to have 1 member to register.
RICS Rules for Regulation of Firms (2019)
- 50% of principles from a UK firm are members then it has to be regulated
- if it has at least 25% of principles as members then it can apply
What information is required by the RICS for registration?
Need to include the following in an annual return:
- Type of business and staffing details
- Statutory regulated services
- Nature of clients
- CHP details and records
- PII details
- Whether the firm handle’s client’s money
What are the different advice levels of RICS documents?
- International Standards (Mandatory)
- Professional Standards (Mandatory)
- Practice Statements (Mandatory)
- Guidance Notes (advisory)
- Codes of Practice (mandatory or recommended)
What are the RICS minimum procedures for CHP?
*Notify PI insurer
- Acknowledge a written complaint within 7 days
- Investigated and responded to within 28 days
- Refer to independent redress provider if unresolved (RICS dispute resolution service)
- Log in a complaints log
What are the RICS CPD rules?
- Non-members 48 hours per year for 2 years
- Members - min of 20 hours per year (10 hours must be formal)
- Members must maintain relevant understanding of RICS Professional & Ethical Standards during a rolling 3-year period.
- Members must record CPD on RICS CPD management system
What is PII?
Professional Indemnity Insurance protects clients, surveyors and third parties against negligence claims
What are the min PII requirements?
Based on firm turnover:
- Less than £100k = £250k min
- £100,001 to £200k = £500k min
- More than £200,001 = £1,000,000
What are the maximum levels of uninsured excess required by the RICS?
Can’t have much uninsured excess.
- Limit of indemnity / Maximum uninsured excess
- £500k - Greater of 2.5% of sum insured or £10,000
- More than £500k - 2.5% of sum insured
Can you accept cash?
- No - not under company policy - cannot accept cash or vouchers.
- However, under money laundering regulations, I am allowed to accept cash up to £10k in euros. This would need to be witnessed and ideally take place in the office.
- Suspect money laundering - large cash amount - report
Why is client money handling important?
- One of the Rules of Conduct for Firms - client money must be kept safe.
- RICS Professional Statement: Client Money Handling 2019
- RICS runs a Client’s Money Protection Scheme for claims which an RICS regulated firm can’t repay.
What would you do if you were offered a gift by a third party?
Politely decline - they are not my client
What is the UK Structure of RICS?
4 National Associations
10 Regional Boards
Local Associations
What is the regulatory governance structure of the RICS?
Royal Charter, Bye Laws, Regulations, Rules of Conduct
Who is the RICS ultimately responsible to?
Members and the public
What are the benefits of becoming a member?
- Status
- Recognition
- Market advantage
- Knowledge
- Network (global)
What are the consequences of a breach in standards?
Disciplinary action
What is a responsible principle (RP)?
Each firm must nominate an RP who is obliged to systems are in place to ensure compliance with the RICS regulation.
What are the rules for using the RICS logo?
- Only RICS members and registered firms can use the logo.
- Has to be displayed in black and white
- Mandatory requirement for regulated firms to display on business literature
What triggers RICS disciplinary action?
- Allegation from client
- Information received or established by RICS
- Complaint to RICS
What actions can the Head of Regulation initiate upon completion of their disciplinary investigation?
- Fixed Penalty Notice
- Make a Regulatory Compliance Order
- CPD sanctions
- Refer to Disciplinary Panel
Name some examples of International Standards
RICS Valuation - Global Standards
International Property Measurement Standards`
Name some examples of Professional Statements
- Property Measurement (2018)
- Conflicts of Interest (2017)
- Countering Bribery, Corruption, Money Laundering and Terrorist Financing (2019)
Name some examples of Practice Statements
Surveyor’s Acting as Expert Witnesses (2014)
Name some examples of Guidance Notes
- Land Measurement for Planning and Development Purposes (Aug 2021)
- Boundaries: Procedures for Boundary Identification, Demarcation and Dispute Resolution
- Assessing Viability in Planning under the NPPF 2019 for England
- Valuation of Development Property (2019)
- Surveying Safely 2018
Name some examples of Codes of Practice
Code of Measuring Practice (2015)
What should you do if you receive confidential information in error?
- It cannot be used for their own purposes.
- Advise sender of the error.
- Inform compliance officer.
- Delete securely.
What are the RICS rules in relation to PII?
- Mandatory requirement - Rules of Conduct for Firms
- Need RICS approved insurer (list on website)
- Need adequate and appropriate level for each instruction.
In relation to PII, what does retroactive mean?
Policy covers claims that are made within the insurance period, regardless of when the negligent act occurred.