Ethics, Rules of Conduct and Professionalism Flashcards
What is the central purpose of the RICS?
- To maintain the highest standards of education and training
- To protect consumers through strict regulation of professional standards
- To be the leading source of information and independent advice on land, property, construction and associated environmental issues
What is the purpose of CPD
- Ensures you remain up to date with relevant legislation and any changes in the industry
- To remain up to date of market trends, patterns and innovations
- Requirement of the RICS
Give me an example of when you have acted with integrity in your work.
I acted with integrity when agreeing rent concessions with our tenants during the coronavirus outbreak in 2020. I demonstrated compassion and understanding towards their circumstances and found ways to support their business in the immediate and future term.
Give me an example of when you have provided a high standard of service.
I provided a high level of service to the fund manager of the Cowdray Centre in Colchester, by consistently driving rental values across the estate and setting record rents for the town. I also worked alongside the project management team on the site’s refurbishment to future-proof the existing units.
Give me an example of when you have acted in a way that promotes trust in the profession.
I have promoted trust by keeping information regarding private sales confidential. I also instruct the necessary anti-money laundering and know your client checks before instructing solicitors, to ensure that no conflicts of interest are present.
Give me an example of when you have treated others with respect.
I treat my colleagues tenants and other parties with courtesy, politeness and consideration regardless of factors such as sexual orientation, social background, race, ethnicity or age.
Give me an example of when you have taken responsibility.
I took responsibility for miscommunicating the estimated rental value of an industrial unit. I explained to the valuers that the ERV should be lower than I had previously stated based on the advice given to me by the rent review surveyor, and I communicated to the client the reason behind the subsequent fall in value.
What would you do if you were asked to do something unethical?
I would decline the request and report it via the whistleblowing policy if made internally. If made by an external party I would notify my line manager, to ensure that they were made aware ahead of any future projects with the firm or its employees.
What has the RICS produced to help surveyors make ethical decisions?
The RICS has created the Ethics Decision Tree, which members can refer to if they are asked to do something they are unsure about.
When was the RICS formed?
1868
Who is the current CEO of the RICS?
Richard Collins
How would you approach a conflict of interest?
Follow the guidance set out in the RICS Global Professional Statement on Conflicts of Interest, 2017:
- Conflict avoidance - decide whether the conflict is manageable and whether proceeding is in the best interest of all parties.
- Written advice to both parties - disclose the nature of the conflict, explain how you will manage it and request written confirmation of informed consent.
- Conflict management - set up an information in accordance with provisions agreed with the clients.
What is money laundering?
Money laundering is legitimising the proceeds of crime.
What should be included in Terms of Engagement?
They set out the proposed fee basis, payment of expenses and state that a copy of of the firm’s complaints handling procedure will be available upon request.
What is the structure of the RICS?
RICS’ governance structure combines governance bodies, as well as the Executive Team and Presidential Team.
What are the THREE benefits of regulation for firms?
- Confidence - for client as regulated firms are monitored by RICS regulation
- Professionalism - firms have to provide clear, impartial and expert advice
- Security - firms have to have recognised CHP, access to ADR and PII cover
What would you do if you had a personal conflict of interest and how would you manage this?
I would ensure that all parties were aware of the conflict and I would refer the instruction internally with the appropriate information barriers in place.
What would you have to do if you were required to hold clients’ money?
RICS has issued a Professional Statement on Client Money Handling, 2019:
• Client account must be kept separate and clearly identifiable
• The 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
If you thought it was appropriate to accept a gift from a client, how would you proceed?
I would record it on my firm’s Gifts and Hospitality Register.
What is the law associated with gift giving and receiving?
Bribery Act 2010 and Proceeds of Crime Act 2002.
What are the SIX principles of the Bribery Act 2010?
- Proportionality
- Top level commitment
- Risk assessment
- Due diligence
- Communication
- Monitoring and review
What are the FOUR offences under the Bribery Act 2010?
- Bribing
- Receiving a bribe
- Bribing a foreign public official
- Failing to prevent bribery
How would you define a bribe?
A bribe can be the giving, offering, promising or receiving of an advantage such as a payment, gift or a service for an action which is illegal or a breach of trust.
What would you do if you were suspicious of a client?
I would not make them aware of my suspicion as that could be considered ‘tipping off’, which is an offence. Instead, I would report and escalate internally to a compliance manager.
What are the FOUR levels of membership for the RICS?
- FRICS
- MRICS
- AssocRICS
- Trainee/Student
What is an RICS Practice Statement?
A document that provides members with mandatory requirements e.g. Surveyors Acting as Expert Witnesses, 2014.
What is an RICS Guidance Note?
A document provided by RICS to promote good practice. RICS strongly recommend that you have regard to the contents of any relevant guidance note e.g. Comparable Evidence in Real Estate Valuation, 2019
What is a conflict of interest?
A conflict arises when a member or firm’s independence and impartiality is threatened due to the existence of a conflict between two parties.
How long must a firm maintain records for under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations, 2017?
5 years
What should you do if a third parties requests access to your files?
You must get the client’s approval first unless you are subject to a statutory duty overriding the client’s confidentiality rights e.g. the police or HMRC investigation.
