Ethics, rules of conduct and professionalism Flashcards
Why do you want to become a member of the RICS?
- Status
- Recognition
- Market Advantage
- Knowledge
- Network
What is the role of the RICS?
- Promoting and enforcing the highest professional qualifications and standards in the development and management of land, real estate, construction & infrastructure
- Accountable to all members and public
- Involved in policy influence and political engagement
What are the key functions of the RICS?
- Maintain the highest standards of education and training
- To protect consumers through strict regulations of professional standards
- To be the leading source of information and independent advice on land, property construction and associated environmental issues
What is a Royal Charter?
- A royal charter is a document issued by the monarch that gives independent legal standing to an organisation.
Who is the current RICS president?
Tina Paillet
What do you understand by the term self-regulation?
- responsibility for regulating its members.
What is a Bye-Law?
- a rule made by a company or society to control the actions of its members.
Give an example of one of the RICS Bye-Laws.
- BYE-LAW 2: MEMBERSHIP AND REGISTRATION
Explain to me the new RICS Rules of Conduct - what do they replace?
- Replace the previous Rules of Conduct for Members and Firms and the 5 Global Professional and Ethical Standards
- 5 Rules of Conduct
(1) Members and firms must be honest, act with integrity and comply with their personal obligations, including obligations to RICS.
(2) Members and firms must maintain their professional competency and ensure that services are provided by competent individuals who have 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 their profession.
When do RICS Rules Conduct take effect?
- 2nd Feb 2022
What is the core professional obligations of firms and members to RICS?
- 3 for members, 7 for firms
Members
(1) Comply with CPD requirements.
(2) Cooperate with the RICS
(3) Promptly provide all information when requested by boards or delegated authorities.
Firms
(1) Publish a CPH, including ADR provider.
(2) All work covered by adequate PII.
(3) Sole principal work to continue in cases of incapacity or death.
(4) Cooperate with the RICS
(5) Promptly provide all info to boards and authorities
(6) Record on literature that they are RICS regulated.
(7) Report to RICS any matter they are required to
What disciplinary procedures can the RICS impose?
(1) Action by Head of Regulation
(2) Disciplinary Panel
(3) Appeal Panel
In what circumstances can disciplinary procedures be imposed?
- Failure to follow RICS Guidance
When did RICS last update their disciplinary panel rules?
- 2022
What are the different levels of action within these disciplinary procedures?
(1) Issue a Regulatory Compliance Order
(2) Reprimand
(3) Fine
(4) Impose unlimited fine proportionate to breach
(5) Impose conditions upon future continued RICS registration
(6) Expulsion from membership or removal of firm
(7) Require publication of results on Modus and in the local newspaper
What do you understand by the term professional practice?
- Professionalism. How you apply and carry yourself in day-to-day dealings with colleagues, clients and third parties
What is a red flag of money laundering?
- Inability or unwillingness of parties to provide identity documents
- Changes to parties involved in the transaction
- Payment in unusual currencies
- Unusual transaction features
What money laundering regulations or legislation are you aware of?
- Terrorist Financing and Transfer of Funds regulations, 2017 (amended 2023)
- RICS Professional Standard: Countering bribery, corruption, money laundering and terrorist financing, 2019
What are the penalties for accepting a bribe?
- Individuals: Max of 10 years imprisonment or unlimited fine
- Firms: Unlimited fine
What bribery legislation are you aware of?
- Bribery Act 2010
What is a bribe?
- Giving, offering, promising or receiving of an advantage such as payment, gift or a service for an action which is illegal or a breach of trust
What are the penalties for being involved in money laundering?
- 14 years prison sentence or an unlimited fine for assisting
- 5 years prison sentence or an unlimited fine for helping those avoid being detected
What constitutes an offence under the Bribery Act 2010?
(1) Bribing
(2) Receiving a bribe
(3) Bribing a foreign public official
(4) Failing to prevent bribery
What constitutes an offence under the current money laundering regulations?
(1) Concealing criminal property
(2) Arrangements
(3) Acquisition and use of possession