Ethics, Rules of Conduct & Professionalism Flashcards

1
Q

Can you tell me about the CPD requirements for RICS members.

A
  • All members must undertake a minimum of 20 hours CPD each calendar year (January to December).
  • Of the 20 hours at least 10 hours must be formal CPD.
  • Members must record their CPD activity online by 31 January.
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2
Q

What did the new RICS Rules of Conduct replace and when?

A

• Rules of Conduct for Members
• Rules of Conduct for Firms
• Global Professional and Ethical Standards

2nd February 2022

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3
Q

What RICS Professional Statement relates to Money Laundering?

A

Countering Bribery and Corruption, Money Laundering and Terrorist Financing. 1st ed. Feb 2019.

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4
Q

What are the five Rules of Conduct?

A
  1. Be honest, act with integrity and comply with their professional obligations.
  2. Maintain professional competence and ensure services are provided by competent individuals who have the necessary expertise.
  3. Provide good-quality and diligent service.
  4. Treat others with respect and encourage diversity and inclusion.
  5. Take responsibility and act in the public interest and to prevent harm and maintain public confidence.
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5
Q

Tell me what you understand about Complaints Handling Procedures (CHP).

A
  • RICS Guidance Note - Complaints Handling 1st Edition, July 2016.
  • The definition of a complaint is any expression of dissatisfaction.
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6
Q

When must a firm register for regulation?

A
  • When the firm provides surveying services to the public.
  • At least 50% of the firms’ principals are RICS Members.
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7
Q

How do you ensure you comply with Money Laundering Regulations?

A
  • Not facilitate or be involved in money laundering or terrorist financing activities.
  • Report any suspicions of money laundering or terrorist financing activities.
  • Verify the identity of the client by undertaking basic identity checks.
  • Comply with my employer’s policy and process relating to money laundering and terrorist financing.
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8
Q

Why do you want to become a member of the RICS?

A

• Status
• Recognition
• Knowledge
• Market advantage
• Network

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9
Q

What is the minimum PI Insurance a firm can have?

A

Based on turnover
£0 - £100,000 = Min £250,000
£100,000 - £200,000 = £500,000
£200,000 + = £1,000,000

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10
Q

If you identified a potential or actual conflict of interest, how could you handle this?

A
  • Firstly, the firm and surveyors must decide if they can act for the parties impartially.
  • It is then discussed with the clients to ensure they are both happy to continue with the instruction.
  • Informed consent is confirmed in writing with both parties and signed to agree.
  • Measures are put in place to manage the conflict such as information barriers, locked filing cabinets and colleagues in separate offices.
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11
Q

What is a Party Conflict?

A
  • When a firm (2 different professionals) is acting for 2 different clients on the same matter.
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12
Q

What steps would you need to take when closing down a RICS Regulated firm?

A
  • Agree the closure date.
  • Inform staff and deal with any redundancies.
  • Inform clients and let them know if another firm could take over ongoing work (at the discretion of the client).
  • Deal with any outstanding money in client accounts.
  • Notify your professional indemnity insurer to arrange run-off cover (on a claims made basis).
  • Make arrangements relating to hard copy and electronic files and keep them for as long as necessary (up to 15 years under the Limitation Act 1980).
  • Inform RICS and fill in the firm deregistration form.
  • Set up a system whereby anyone trying to contact you after closing is notified that the firm is closed, e.g., notice of closure on any physical offices, voicemail, closure notice on the firm’s website and a mail redirection to a home address.
  • Contact any other parties who need to be told about the firm closure, e.g., other insurance provider, accountant, solicitor, HMRC, bank.
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13
Q

What would you do if you became suspicious that a client was involved in terrorist activities/money laundering?

A

Report any suspicions using a Suspicious Activity Report (SAR) to the firm’s money laundering officer and the National Crime Agency (NCA) under the Proceeds of Crime Act 2002 & the Terrorism Act 2000.

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14
Q

What RICS Professional Statement relates to Bribery?

A

RICS Professional Statement – Countering bribery, corruption, money laundering and terrorist financing. 1st ed. February 2019.

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15
Q

Tell me about an instance of when you have been offered a gift or hospitality by a client.

A

• I was offered a case of wine by a client at Christmas (over the value of £15).
• I respectfully declined the case of wine.
• I informed a senior person of the offered gift.
• I registered it on the company’s gift register.

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16
Q

What are the penalties for accepting a bribe?

A

A maximum penalty of 10 years’ imprisonment and/or an unlimited fine.

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17
Q

What is the role of RICS?

A
  • Advancing the highest ethical and technical standards for professionals in land, property and the built environment.
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18
Q

Tell me how you would handle a client complaint.

A
  • Complaint made in writing to Senior Partner or Manager of the office in which they are dealing with.
  • We respond within three working days to confirm receipt of the complaint and that it’s been investigated.
  • An investigation is completed and full response provided to the client within 15 days.
  • If the client is still not satisfied, they can refer the case to the designated complaints handler, Mrs Anita Price.
  • We then write to the client within 15 working days of receiving their request for a review, confirming our final viewpoint on the matter.
  • We aim to ensure all complaints are resolved via our in-house complaints procedure. However, if the client is not satisfied and wish to pursue the matter further then alternative dispute resolutions services are available to them (Property Ombudsman or RICS Dispute Resolution Service)
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19
Q

What sort of Insurances do Chartered Surveyors need to have?

A
  • Professional Indemnity Cover
  • Building insurance
  • Employers Liability Insurance
  • Public Liability Insurance
  • Car Insurance
  • Run Off Cover
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20
Q

What are the registration eligibility criteria?

A
  • the Firm provides surveying services to the public.
  • at least 25% of the Firm’s Principals are RICS Members.
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21
Q

What procedures can companies put in place to prevent bribery on their behalf?

A

6 principles of prevention;
- Proportionate procedures
- Top level commitment
- Risk Assessments
- Due Diligence
- Communication
- Monitoring & review

22
Q

What steps would you need to take when setting up in Practice?

A

• Inform RICS
• Appoint a Contact Officer
• Register with RICS for Regulation
• Arrange PII.
• Set up Client Account
• Set up a complaints handling procedure
• Set up Staff training and CPD

23
Q

What is Professional Indemnity Insurance?

A

Covers the cost of compensating clients for loss or damage resulting from negligent services or advice provided by a business or an individual.

24
Q

What are the offences under the Bribery Act 2010?

A
  • Offering a bribe
  • Accepting a bribe
  • Bribing a foreign official
  • Failing to prevent a bribe as a commercial organisation.
25
Q

What is informed consent?

A

Consent given by a party who may be affected by a COI confirming that they understand;
- there is a conflict or potential conflict
- what the conflict may be
- that it may affect the ability of the RICS member to advise or act fully in the interests of the client

26
Q

What are the core professional obligations of firms to RICS?

A

Firms must:
1. Publish a complaints-handling procedure.
2. Have appropriate professional indemnity cover.
3. Make appropriate arrangements for their professional work to continue (if sole principal).
4. Cooperate with RICS.
5. provide all information to Standards and Regulation Board.
6. Display on their business literature, in accordance with RICS.
7. Report any required matter to RICS.

27
Q

Give an example behaviour for each of the Rules of Conduct.

A
  1. Do not allow themselves to be influenced by others (as a result of, for example, giving or receiving work referrals, gifts, hospitality or payments).
  2. Only undertake work that they have the knowledge, skills and resources to carry out competently.
  3. Understand clients’ needs and objectives before accepting any professional work.
  4. Respect the rights of others and treat others with courtesy.
  5. Respond to complaints made against them promptly, openly and professionally.
28
Q

What is an Assigned Risk Pool?

A

The ARP is open to all UK RICS regulated firms that are unable to obtain PII, which meets the minimum requirements of the RICS.

29
Q

What are the most common types of Conflicts of Interests?

A
  • Confidential Information Conflict
  • Own Interest Conflict
  • Party Conflict
    (COP)
30
Q

How do you ensure that you comply with Bribery Legislation?

A
  • Not offer or accept, directly or indirectly, anything that could constitute a bribe.
  • Report any activity I am aware of which breaches anti-bribery and corruption laws.
  • Declare certain items to my employer, including but not limited to: gifts, hospitality and entertainment.
  • Ensure I am familiar and act in compliance with my employer’s policy, process and code of behaviour relating to bribery and corruption.
31
Q

What does PS / VPS & VPGA stand for?

A

PS - Professional Standards
VPS - Valuation and Technical Performance Standards
VPGA - Valuation Practise Guidance Applications

32
Q

When did the new RICS Rules of Conduct take effect and who do they apply to?

A
  • 2nd February 2022
  • All members and firms
33
Q

What is run off cover?

A

A PII policy for a firm that has ceased trading.

34
Q

Who is the current RICS President?

A

Clement Lau based in Hong Kong.

35
Q

What RICS requirements are there relating to run off cover?

A

Depends on the type of contracts the professional has been involved in.
- 6 years = if contract executed under hand
- 12 years = if executed under deed

36
Q

What would you do if a client wanted to pay you cash?

A
  • Make a record of their name, address & ask for proof of identification.
  • Take a copy of the invoice & number.
  • Log the payment in the “Cash Book”.
  • Provide client with a pre-numbered duplicate receipt and retain original for file.
  • Follow our company procedure to ensure cash is kept safe until banked.
  • Ensure the cash is banked promptly and follow procedure to ensure all funds are banked.
37
Q

What changes did RICS recently make to the Minimum Approved PII Wording?

A

As of 1st April 2021 - obtain improved fire safety cover.

38
Q

Give me an example of a RICS Bye-law.

A
  1. Conduct
  2. General
39
Q

What is a red flag of money laundering?

A
  • A significant amount of private funding from an individual running a cash-intensive business.
  • Secretive or suspicious behaviour by the client.
  • Unusual transactions.
  • Sudden changes in instructions.
  • Has an unusually high level of knowledge about money laundering processes.
40
Q

What is an information barrier?

A
  • Physical or electronic separation of individuals (or groups) within the same firm, that prevents confidential information passing and between them.
41
Q

What is your understanding on an Insurance Pool?

A

Insurance pooling is a practice wherein a group of small firms join together to secure better insurance rates and coverage plans.

42
Q

Explain to me the new RICS Rules of Conduct - what do they replace?

A
  • The Rules of Conduct are based on ethical principles of Respect, Integrity, Competence, Service, Responsibility & Honesty (RICS RH).

• The RICS Rules of Conduct replace:
- Rules of Conduct for Members
- Rules of Conduct for Firms
- Global Professional and Ethical Standards.

43
Q

How much CPD should a qualified RICS member undertake?

A
  • 20 hours per annum
  • At least 10 hours formal
  • Recorded online by 31st January each year

(48hrs for APC Candidate - at least 50% formal)

44
Q

How should firms manage money laundering and terrorist financing?

A

(The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017)
- Have a written policy.
- Have appropriate governance systems controls in place, proportionate to type of works firm does.
- Provide training
- Keep reports of suspicion
- Appoint a senior person to be responsible for ensuring anti-money laundering and counter terrorism policies are in place and complied with.

45
Q

How would you keep client’s money securely and safely held?

A
  • Any money a client entrusts to the firm is held in a client account, separate from the firm’s own money.
  • The client account is a bank account that has the word “client” in its title and contains only money that belongs to clients of the firm.
  • The firm has exclusive control of the account.
  • Client money is only used for the purposes that have been agreed with the firm.
  • Provide the client with confirmation that the money will be held in a client money account including bank account details, that the RICS-regulated firm has exclusive control over the client money and whether the account is in the name of the regulated firm and provide a copy of the firm’s written procedures for handling client money.
  • Take prompt action to attempt to identify the owner of any unidentified client money received.
  • Ensure any commission charges are clearly identifiable on statements to clients.
  • Reconciliations should be carried out regularly.
  • Keep records and accounts which show all dealings with Client Money.
46
Q

What are the core professional obligations of members to RICS?

A
  1. Comply with CPD requirements
  2. Cooperate with RICS
  3. Provide information to Standards and Regulation Board
47
Q

What are the penalties for being involved with money laundering?

A

A maximum penalty of 14 years’ imprisonment and/or an unlimited fine.

48
Q

What constitutes an offence under the current money laundering regulations?

A

Hiding, transferring or using illegal money through one or more transactions, or converting criminal proceeds into legal property.

49
Q

Explain your understanding of the RICS Guidance Note - Risk, Liability and Insurance. April 2021 (1st Edition).

A

Intended to assist both members and their clients in understanding the main risks and liabilities associated with surveying.

50
Q

What is the main legislation that governs money laundering?

A
  • Terrorism Act 2000
  • Proceeds of Crime Act 2002
  • Criminal Finances Act 2017
  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
51
Q

What is Bribery?

A

The offer, promise, giving, demanding or acceptance of an advantage as an incentive for an action that is illegal, unethical or a breach of trust.