Ethics, rules of conduct and professionalism Flashcards
1
Q
When was the RICS founded?
A
1868
2
Q
When did the RICS receive Royal Charter?
A
1881
3
Q
How many members are there?
A
over 134,000 qualified members
4
Q
What is Royal Charter?
A
Method of incorporation granted by the Queen.
5
Q
RICS Motto?
A
There is measure in all things
6
Q
What are the 4 levels of membership?
A
- MRICS
- FRICS
- AssocRICS
- Trainee
7
Q
How do you become a fellow?
A
- 5+ years as MRICS
- Leadership role
- Professional/technical achievement
- Raised the profile of the RICS
8
Q
How is the RICS Governance Structure shaped?
A
Royal Charter
Bye Laws
Regulation
9
Q
What is the Governance Structure of the RICS?
A
- Privy Council
- Governing Council
- Standards & Regulatory Board / Management Board / Audit Committee
- Management Board comprises 17 professional groups.
10
Q
What is the role of the Privy Council?
A
Grants awards and Royal Charter
11
Q
What is the role of the Governing Council?
A
Governing Council is the highest governing body, setting global strategy and ensuring RICS fulfils its Royal Charter obligations.
Following the Bichard RICS Review, Governing Council has agreed a series of measures to create a clear and accountable governance structure.
Governing Council has confirmed that the RICS President will also chair Governing Council for the duration of their one-year presidential term, in line with Lord Bichard’s recommendation.
12
Q
What is the role of the Standards and Regulatory Board?
A
They are responsible for exercising the standards and regulatory functions of the RICS.
13
Q
What is the role of the Management Board?
A
To direct RICS affairs under delegated authority from Governing Council.
Comprised of non-members (independent), members of RICS, and RICS Executives
14
Q
What is the role of the Audit Committee?
A
The Audit Committee operates independently of Governing Council, the Management Board and the Standards and Regulation Board.
Each year it reports to Governing Council on how it has discharged its duties.
Comprises member and non-members.
15
Q
What is the role of the Regulatory Tribunal?
A
- regulates the RICS
- fair and independent judicial body
- consists of lay members and RICS members
16
Q
Who is currently in RICS governing positions?
A
Chair of Governing Council - Nick Maclean FRICS (interim)
CEO = Richard Collins (interim)
President = Clement Lau FRICS
President Elect = Ann Gray FRICS
17
Q
What are the 3 role 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.
18
Q
Why do you want to become a member?
A
I want to be part of a prestigious organisation which allows me to progress in a career I am passionate about.
It will give me status and recognition, enhancing my work with clients by promoting trust in my career.
It will also provide me with professional guidance to develop my knowledge and network.
19
Q
What are the principles of regulation?
A
They provide a framework within which members and firms can decide how to best meet the rules of conduct requirements.
20
Q
What are the 5 principles of regulation?
A
PACTT
- Proportionality
- Accountability
- Consistency
- Targeting
- Transparency
21
Q
What ethical principles are the RICS Rules of Conduct based upon?
A
HONESTY, INTEGRITY, COMPETENCE, SERVICE, RESPECT and RESPONSIBILITY.
22
Q
Example of when you have acted with integrity?
A
I was honest and upfront to the client about not being able to meet the deadline on time due to multiple employees of the property having COVID-19.
I expressed my morals of wanting to adhere to goverment guidance and not be in contact with anyone who had COVID, for the sake of my own, my colleagues and the workers’ safety.
23
Q
Example of when you have promoted trust in the profession?
A
A potential client approached me about undertaking a valuation in Nottingham.
I inform them that that was not my area of expertise and I do not work in that market. But that instead I could put them in contact with someone within our Nottingham team who could help.
I took their details and said I would pass them on.
I fulfilled my obligations and contacted the Nottingham team who subsequently provided the fee quote.
The client thanked me for my honesty and my help in following through.
24
Q
How do you promote trust in the profession in your private life?
A
I hold and conduct myself in a way which does not bring embarrassment to the RICS.
I ensure, for example on my public social media profiles, that nothing is on there which could in any way show the profession or the RICS in a bad light.
25
Example of when you have treated others with respect?
I've had an instance where a local agent I contacted was not very friendly and was stand-offish about me seeking local expertise.
Regardless of what he said to me, I remained calm and polite and treated him with respect, thanking him for his time.
26
Example of when you have provided a high level of service?
27
Example of when you have taken responsibility?
I always take responsibility for conducting conflict of interest checks on any work that I undertake, so I can be fully satisfied that I can conduct the work objectively.
28
Can you tell me about the revision to the RICS Rules of Conduct?
Effective from 2nd February 2022 on a global basis.
STREAMLINED DOCUMENT. Replaced the previous Rules of Conduct for Members and Firms and the 5 Global Professional and Ethical Standards.
Updated to address challenges relating to sustainability, the use of data (understanding technological advances), and diversity and inclusion.
To respond to new risks and opportunities.
29
What are Savills values?
1. To act with integrity
2. To take an entrepreneurial approach to business
3. Take pride in everything we do
4. Help our people fulfil their potential
30
The Levitt Review (2021) - what is it?
RICS' current governance arrangements are under review following The Levitt Review's very public exposure of the lack of clarity, structure and purpose of RICS governance arrangements.
Levitt called for a full independent review of the "purpose, governance and strategy" of RICS = Lord Michael Buchard review as been completed.
31
What is the point of the RICS Rules of Conduct for Members?
It sets out the standards of professional conduct and practice expected of members.
32
What are the RICS new Rules of Conduct 2021, name two?
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.
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.
33
What are the benefits of a firm being registered?
1. Confidence - for clients as regulated firms are monitored by RICS.
2. Professionalism - firms must provide clear, impartial, expert advice.
3. Security - firms must have a recognised CHP and PII cover.
34
RICS Rules for Regulation of Firms (2019) - Requirement for registration?
Registering for regulation is to ensure a quality benchmark for all firms.
- if no RICS members = cannot register.
- 25% of principles are RICS members = it can apply to be regulated.
- 50% of principles are RICS members = has to be regulated.
35
Who are principles?
Sole practitioners
Directors
Partners
Board members
36
What is a Responsible Principle?
Each firm must nominate a responsible principle who makes sure the firm adheres to the RICS requirements.
37
Who can use the RICS logo?
RICS members and registered firms
38
Who controls disputes about becoming a registered firm?
Standards and Regulation Board
39
What information is required by the RICS for registration?
Need to include the following in an annual return:
1. Type of business and staffing details
2. Statutory regulated services
3. Nature of clients
4. CHP details and records
5. PII details
6. Whether the firm handle's client's money
40
How does your firm demonstrate implementation of the Rules of Conduct?
My firm has a CHP
My Firm holds PII over the minimum requirements.
Endeavours to provide a high standard of service.
41
How do you demonstrate implementation of the Rules of Conduct?
I always assess my competence prior to undertaking instructions.
I comply with the CPD requirements.
I provide a high level of service.
42
What is the RICS Ethical Decision Tree and list three things?
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.
1. Is it legal?
2. Is it in line with the RICS ethical standards?
3. Happy for it to be made public?
43
How does the RICS regulate itself?
Self-regulation
44
Disciplinary procedures and how can they be triggered for not following the Rules of Conduct?
Not every shortcoming will give rise to disciplinary proceedings.
However, failure to comply with RICS guidance will be considered when examining a firm or member.
1. Complaint to RICS
2. Allegation by 3rd party
3. Information established by RICS
45
What are the three levels of disciplinary action?
1. Action by Head of Regulation
2. Regulatory Tribunal
3. Appeal Panel
46
What are the most common breaches?
Professional behaviour, CPD and Protecting Clients Money.
47
What can the Head of Regulation initiate following their investigations?
1. Fixed penalty notice
2. Regulatory Compliance Order
3. CPD Sanctions
4. Refer to Disciplinary Panel
48
What are fixed penalties (1)?
Used for breaches of the Rules relating to the supply of information to the RICS by firms and members.
49
What are Regulatory Compliance Orders (2)?
Used for low-level breaches of the Rules.
A compliance Order is a written document that states what a member or firm must stop doing.
50
What are CPD sanctions?
They place an obligation on a member to follow the CPD requirement.
51
When is action by the Regulatory Tribunal taken?
On more serious breaches of conduct.
52
Who comprises the Regulatory Tribunal?
Lay people (not RICS members)
53
What penalties are available to the Regulatory Tribunal?
1. Compliance Order
2. Unlimited fine per breach
3. Conditions on future RICS registration
4. Expulsion
5. Publication of results in Modus/website/newspaper
54
What does the appeal panel do?
Will hear a firm or member's appeal.
Review the decision.
Can allow the appeal or vary the penalty imposed.
55
Who does the appeal panel comprise?
Lay members
56
What are the different advice levels of RICS documents?
1. International Standards (Mandatory)
2. Professional Statements (Mandatory)
3. Practice Statements (Mandatory)
4. Guidance Notes (voluntary)
5. Codes of Practice (mandatory or recommended)
57
Examples of International Standards?
RICS Valuation - Global Standards (2021)
International Property Measurement Standards (IMPS)
58
Examples of Professional Statements?
1. Conflicts of Interest (2017)
2. Countering Bribery, Corruption, Money Laundering and Terrorist Financing 2019
59
Examples of Practice Statements?
1. Surveyors acting as Expert Witnesses 2014
2. Surveyors acting as Advocates 2008
60
Examples of Guidance Notes?
1. Surveying Safely (2018)
2. Valuation of Development Property (2019)
3. Comparable Evidence in Real Estate Valuation (2019)
61
Examples of Codes of Practice?
1. Code of Measuring Practice (2015)
62
What would you need to do if you were starting a new practice?
1. Inform RICS
2. Appoint Responsible Principle
3. Register for regulation
4. Arrange PII and send details to RICS
4. Set up how you will handle client's money
5. Register for the RICS Valuer Registration System
6. Seek RICS approval for CHP
7. Set up a complaints log
8. Appoint Complaints Handling Officer
9. Obtain Logo kit
10. Ensure CPD is logged online
11. Set up a staff training plan
12. Complete RICS Annual Return at the end of each year
63
What do you need to do if you close a practice?
1. Inform RICS
2. Inform Clients
3. Hand over arrangements to new firm
4. Return any money held
5. Inform insurers
6. Get run-off cover for a minimum of 6 years
7. Retain files for a minimum of 6 years
64
Why is it important for RICS members to undertake CPD?
One of the Rules of Conduct.
But means we can continue to offer the best service possible to clients by being up to date and in the know on latest guidance and information.
65
RICS CPD requirements?
20 hours minimum.
50% formal.
Ethics CPD every 3 years
66
Where do you need to record your CPD?
RICS CPD Management System
67
Informal CPD Vs. Formal CPD?
Self-managed learning
Vs.
Structured learning with clear learning objectives
i.e. training courses, seminars, courses
68
Who is the RICS ultimately accountable to?
The Public
69
What is your opinion on the outcome of the Alison Levitt QC enquiry?
Disappointed in the events.
As members, we adhere to strict ethical standards, which the RICS didn't do in this instance.
However, I am happy that action has been made and that the Governing Council has accepted all the recommendations.
70
Why have the Rules of Conduct been updated?
The old rules are arguably quite outdated now, from 2007.
To help the global professions respond to new risks and opportunities.
Incorporating example behaviours to illustrate how to adhere to the rules.
Incorporates how to deal with technology.
71
What were the key principles of 'Defining our Future'?
Kath Fontana, the previous president, launched this review.
The main aim is to review the 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.
71
What are some of the statutory compliance steps for starting a new practice?
Disclose business name.
Disability discrimination
Appoint a Money Laundering officer
Fire Safety Compliance
Inform HMRC of Tax and VAT registration
72
How would you set a fee?
Assess:
1. resource required
2. time needed to complete
3. value of property
4. level of PII required
73
Can you alter your fee?
Yes, you technically can, so long as you behave in a professional manner.
However, fee should have been assessed correctly before, and still need to provide a high standard of service.
74
What must you do prior to starting a job?
1. Check COMPETENCE
2. Confirm no conflicts of INTEREST
3. Confirm TERMS of Engagement
75
What do you do prior to acting for a client for agency purposes?
Compliance with s.18 of Estate Agents Act 1979.
1. Assess competence
2. No COIs or personal interest
3. Issue ToB
4. Get signed ToB
5. Conduct AML checks
76
Why might you decline an instruction? Name two reasons.
1. Not competent
2. Not enough resources to complete in timescales required
3. There is a COI
4. Not enough facts
5. Work is for a friend and PII won't cover personal interests
6. PII can't be agreed upon.
7. Wouldn't be happy if it was made public
77
What does the Consumer Rights Act 2015 allow?
A 14-day cooling-off period upon the signing of Agency Instruction Agreements.
78
What do the RICS Bye-Laws state regarding confidentiality?
Client confidentiality must be maintained for all client affairs.
79
What should you do if you receive confidential information in error?
Information cannot be used.
Need to advise the client and sender of the error.
Inform the compliance officer.
Delete securely.
80
When may a surveyor be negligent and how could this be avoided?
Duty of care exists for clients and third parties.
If this is breached and there is a loss, they can claim damages.
- understanding the client's instruction
- competent
- undertake work in accordance with RICS Standards & Guidance Notes
- make detailed notes and take photographs
- keep up to date with the market knowledge
81
What should Terms of Engagement include?
Must state in writing:
- clients agreement to the proposed fee basis
- payment of expenses (and how calculated)
- a copy of the firm's complaints handling procedure, is available upon request.
82
How would you deal with a complaint from someone to whom you owe a duty of care? How would you deal with it and when would you escalate it and set CHP in motion?
Stage 1 - IN HOUSE. The CHO should be identified and noted as the person to contact in the first instance, within the Terms of Business.
Stage 2 - THIRD PARTY RESOLUTION. If the client is not happy with the review, the second option involves an independent redress scheme. Alternative Dispute Resolution (ADR) mechanism which is identified within the CHP outlined within the Terms of Business.
83
What do you know about the RICS Guidance Note: Complaints Handling (2016)?
A firm's written CHP must be approved by the RICS.
Notify PII insurers as soon as possible if a complaint arises.
Details of CHP issued same time as ToB.
Complaints log must be maintained showing details and status.
CHP must include an RICS-approved Alternative Dispute Resolution.
84
What are the RICS minimum procedures for CHP?
1. Acknowledge a written complaint within 7 days
2. Respond within 28 days
3. Refer to an independent redress provider if unresolved
4. Log in a complaints log
85
What is Savills CHP?
1. Acknowledge within 5 days
2. Respond within 10 days
3. If unresolved, refer to an independent redress provider
86
If you are a sole practitioner who can you use as your complaints handling officer?
A surveyor from another firm.
87
What is professional indemnity insurance?
Insurance to protect clients, surveyors and third parties against negligence claims.
88
What are the minimum PII requirements?
Based on firm turnover:
Less than £100k = £250k min
£100,001 to £200k = £500k min
> £200,001 = £1,000,000
89
What are the maximum levels of uninsured excess required by the RICS?
You can't have much uninsured excess.
Limit of indemnity / Maximum uninsured excess
£500k / the greater of 2.5% of the sum insured or £10,000
> £500k / 2.5% of sum insured
90
In relation to PII, what does retroactive mean?
The policy covers claims that are made within the insurance period, regardless of when the negligent act occurred.
91
If a firm can't arrange PII cover what is available?
RICS Run-off Pool
92
What are the RICS rules regarding PII?
Mandatory requirement - Rules of Conduct for Firms
Need RICS approved insurer (list on website)
Need adequate and appropriate level for each instruction.
93
How long should old files be held for and why?
Minimum 6 years, then destroyed securely. PII claims can be made up to 15 years after work was undertaken.
94
Why do firms have PII?
One of the Rules of Conduct.
Protects against negligent behaviour.
Protects clients, the firm and me.
95
Is PII needed for pro-bono (unpaid) work?
Yes
96
What is run off cover and how long should it last?
For when the firm ceases to exist = need minimum 6 years but claims made up to 15 years
97
Are you aware of any new RICS guidance on insurance?
RICS Guidance Note: Risk, Liability and Insurance 2021
From May 2021, insurers must provide cover for fire safety claims on a property 4 storeys or less.
RICS recommends the use of liability caps to manage risk.
Make it clear that advice can only be relied upon by the client and not third parties. Noted in ToE.
98
Why is client money handling important?
One of the Rules of Conduct for Firms - client money must be kept safe.
99
How should client money be held?
1. held separately with an authorised bank
2. account needs to be entitled with the client's name and Client
3. money held must be immediately available
4. provide written communication of any money movement
100
Can you accept cash?
Under company policy, I can't.
However, I am aware that under money laundering regulations, I am permitted to accept cash up to £10k in euros.
However, this needs to be witnessed and ideally take place in the office.
101
Are there any guidance notes to be aware of for PII?
Yes - RICS Guidance Note 'Risk, Liability and Insurance, 1st edition'
102
Name two key components of legislation that relate to gifts, bribery and corruption?
Bribery Act 2010
Proceeds of Crime Act 2002
103
What is a bribe?
The giving, offering, promising or receiving of an advantage such as payment for an action - which is illegal or a breach of trust.
104
What are the 6 principles of the Bribery Act 2010?
PTR DCM
Proportionality
Top-level commitment
Risk assessment
Due diligence
Communication
Monitoring and review
105
What are the offences under the Bribery Act 2010?
1. Bribing
2. Receiving a bribe
3. Bribing a foreign public official
4. Failure to prevent bribery
106
What does the Serious Fraud Office do?
They policy the Bribery Act 2010.
107
What are the penalties of the Bribery Act 2010?
Maximum 10 years in prison and /or unlimited fine
108
What would you do if rejecting the gift would offend the client?
Would report it to my Head of Department and compliance team.
The Head of Department would either donate the item to charity or distribute or raffle the item among a large group of employees.
109
What is your company's policy on gifts?
1. Gifts must be under £50
2. Hospitality must be under £250
110
What is money laundering?
Proceeds of criminal activities are disguised/ converted and then realised as legitimate assets.
111
What is the key legislation on money laundering?
Money Laundering, Terrorist Financing, and Transfer of Funds Regulations (2019)
112
What are the key components of the Money Laundering, Terrorist Financing and Transfer of Funds Regulations (2019)?
- Adopt appropriate internal controls
- Provide staff training
- AML checks
- Record keeping
113
What are estate agent's legal obligations regarding money laundering?
- Letting agents must register with HMRC if letting properties for more than 10,000 euros per month.
- Customer due diligence checks.
- Enhanced due diligence checks if red flags occur.
114
When is enhanced due diligence required?
If there are red flags.
If the person is a PEP (politically exposed person)
115
What is a Politically Exposed Person?
Someone who has been entrusted with a prominent public function.
Has a higher risk of potential involvement in bribery and corruption by virtue of their position.
116
Who is a Politically Exposed Person?
Members of parliament
Ambassadors
Heads of States
Their families.
117
What would class as a 'red flag' in regards to due diligence?
- Unwillingness to provide documents
- Unusual patterns of transaction i.e. undue urgency, potential loss-making
- Changing currencies
- Changes to parties involved
118
What are the penalties under the Money Laundering, Terrorist Financing and Transfer of Funds Regulation 2019?
Assisting = Max 14 years imprisonment and/or unlimited fine
Tipping off = max 5 years imprisonment and/or unlimited fine
119
What are some key requirements for firms regarding money laundering?
- Annual registration with HMRC
- 10,000 euros is the maximum cash payment
- Detailed record keeping
- Keep records for min 5 years
- Report discrepancies to Company House Register
120
What money laundering checks do you need to do for private individuals?
Passport/drivers licence
Utility bill from last 3 months
121
What money laundering checks do you need to do for PLCs?
London Stock Exchange Listing
Certificate of incorporation
Full name
Registered Office
Registered number
Business address
Name of all shareholders with over 25% stake.
(report discrepancies to Companies House)
122
What money laundering checks do you need to do for public bodies?
Government ownership / control
123
What do you actually do for your AML checks?
Take a photo copy of their ID.
Provide information to Compliance Team:
1. Have I met them?
2. Estimated value of the asset
3. The official Land Registry Documents
4. Do I believe there has been suspicious activity
124
How long does AML information need to be held for?
5 years
125
Who polices the Money Laundering and Terrorist Financing and Transfer of Funds Regulations?
National Crime Agency
126
What is the Proceeds of Crime Act 2002?
Provides power for enforcement authorities to recover money and assets deemed to be the proceeds of crime
127
What would you do if you suspect suspicious activity?
1. Report to our Money Laundering Reporting Officer
2. They would raise a Suspicious Activity Report
3. Send it to the National Crime Agency
128
What is an offence under the Proceeds of Crime Act 2002?
Concealing criminal property
Arrangements
Acquisition, use and possession
129
What is the purpose of the RICS Professional Statement - Countering Bribery, Corruption, Money Laundering and Terrorist Financing (2019)?
Sets out mandatory, global requirements for RICS members and firms.
130
What must RICS firms do in relation to Bribery, Corruption, Money Laundering and Terrorist Financing?
Not offer or accept bribes
Report suspicions to relevant authorities
Not facilitate or be complicit to ML or TF
131
What ADR does the RICS provide?
RICS Dispute Resolution Service
132
Are you allowed to pitch for work over coffee?
No, could be seen as a bribe even though it is small.
Should be done in an appropriate workplace setting.
133
When can you allow a third party to access your files?
Only if you get prior approval from the client.
OR
There is a statutory duty overiding the client's confidentiality rights, such as a police or HMRC investigation.
134
What would you do if you were offered dinner at a Michelin Restaurant?
I would need to consider if it was ‘reasonable’.
If I were invited by a client who I completed a high-value instruction for successfully I might accept.
However, if I was invited by a client during an instruction, or for a low-value fee, I wouldn’t. I would also need to gain approval in line with company policy.
135
What would you do if you were offered a gift after an instruction had been completed?
Check company gift policy.
Check reasonableness.
Accept if reasonable.
136
What would you do if you were offered a gift by a third party or contractor?
Politely decline as they are not my client.
137
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.
138
Where would you go to source PI Insurance?
139
How would you deal with friends asking for advice on property matters?
140
Why did the RICS update their rules of conduct?
141
How would you deal with a client that is not of sound mind?
I would have spoken to their soliciotrs to see if they had a power of attorney I could speak with.
