RICS Essential Information Flashcards

1
Q

What are the professional obligations of members?

A
  1. Comply with CPD Requirements
  2. Cooperate with the RICS
  3. Promptly provide information requested by the Standards and Regulation Board.
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2
Q

What are the professional obligations of firms?

A
  1. Complaints Handling Procedure (RICS approved, including ADR).
  2. Previous and Current work is covered by PII.
  3. Sole practitioners must have locum in place.
  4. Cooperate with RICS.
  5. Promptly provide information requested by the Standards and Regulation Board.
  6. Must display RICS logo on business literature.
  7. Must report to RICS any matters required under the Rules for the Registration of Firms.
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3
Q

What are the CPD requirements for members?

A
  • Undertake and record appropriate lifelong learning.
  • Must provide evidence to the RICS upon request.
  • 20 hours CPD a year (min 10 formal).
  • Undertake learning on Ethics every 3 years.
  • All CPD recorded via the RICS management system.
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4
Q

RICS Moto, year RICS was founded and the year the Royal Charter was granted by the Privy Council?

A
  • There is measure in all things (Est Modus in Rebus)
  • 1868
  • 1881
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5
Q

What is the structure of the RICS?

A
  • RICS is self-regulated
  • The Bye-Laws determine how the RICS is regulated.
  • The Governing Council manage and agree the strategy for the RICS.
  • Regulatory Board, audit committee and management board are beneath the governing council and execute the strategy set be them.
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6
Q

What is the RICS mission statement?

A
  • To qualify and equip their members to offer the highest standards of professional service.
  • To promote and enforce standards.
  • Lead solutions to the major challenges facing the built environment through expertise in the publics interest.
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7
Q

What is the client money protection scheme?

A
  • Money protection scheme operated by the RICS.
  • Contains provisions for any member of the public to be reimbursed their direct loss of funds when using an RICS regulated firm.
  • Provided through an RICS insurance policy.
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8
Q

What must RICS firms do in regards to Client Accounts?

A
  • Clear segregation of duties for employees.
  • A Principal oversees the client money accounting functions.
  • Principles cannot override controls.
  • Processing of clients money done by competent individuals
  • Secure accounting systems
  • Kept separate with Client in the account name
  • Client must have access to funds
  • Account cannot go overdrawn
  • We must maintain client ledgers and provide a running balance.
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9
Q

What is the RICS guidance of complaints handling?

A
  • RICS provide a model form.
  • The process must include a redress mechanism.
  • Should be in Terms of Business
  • Must be clear, quick, transparent and impartial and free of charge within the first stage.
  • Names and contact details of nominated investigating person must be stated.
  • The complaint must be investigated within 28 days.
  • All complaints must be recorded.
  • Notify PI insurer immediately of a complaint
  • Two stages as a minimum
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10
Q

What are the two stages of handling a complaint?

A
  • Stage 1, consideration of the complaint by a senior member of the firm or CHO.
  • Stage 2 - if issue is not resolved, the complain is referred to a third party with authority to award redress.
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11
Q

What is the purpose of PII?

A

To provide financial cover in the event a client suffers financial loss as a result of a breach of professional duty.

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12
Q

What are the limitation periods for PII?

A
  • 6 years when executed under hand, 12 years when executed as a deed.
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13
Q

What was the importance of Merrit Vs Babb?

A
  • Highlighted the importance for sufficient run-off cover.
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14
Q

What is Claims made basis?

A
  • The insurance policy that is in place at the time the breach is discovered is to provide indemnity, not the policy when the breach was made.
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15
Q

What are the PII requirements?

A
  • Policy must be made on an ‘each and every’ claim basis.
  • RICS sets out minimum levels of indemnity
  • The RICS sets out the maximum levels of uninsured excess.
  • Policy should cover past and present employees etc.
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16
Q

Levels of PII?

A

Turnover = £100k or less = £250K
Turnover = £100K - £200K = £500K
Turnover= £200+ = £1m

17
Q

What is the maximum uninsured excess?

A

Indemnity up to £500K = The greater of 2.5% of insured sum or £10,000
Indemnity over £500K = 2.5% of insured sum.

18
Q

What is the process for setting up an RICS regulated firm?

A
  • Inform RICS (obtain company start up pack)
  • Appoint a contact officer for all RICS communication.
  • Prepare a CHP
  • PII
  • Abide by the Rules of Conduct for Firms
  • Use Regulated by RICS on business literature.
19
Q

What are the insurance requirements?

A
  • Professional Indemnity Insurance
  • Employers Liability
  • Public Liability
  • Building’s insurance (for office).
20
Q

What is included in an annual return to the RICS?

A
  • Type of business and staffing
  • Nature of clients
  • Training provision
  • Complaints handling procedures, details and records.
  • PI insurance details.
  • Whether the firm holds clients’ money.
21
Q

When were the new rules of conduct introduced?

A

February 2022

22
Q

What are the RICS rules of conduct?

A

Rule 1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.

Rule 2. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

Rule 3. Members and firms must provide good quality and diligent service.

Rule 4. Members and firms must treat others with respect and encourage diversity and inclusion.

Rule 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.

23
Q

Why did the previous Global Professional & Ethical standards get replaced?

A
  • Previous rules in place since 2007.
  • Following research and consultation with RICS Members, Firms and Members of the public, the majority voted in favour of replacing the existing Rules of Conduct and separate Global Professional and Ethical Standards.
  • Single document to enable greater clarity for RICS members and firms.
  • I also understand there is now a greater focus on clearer example behaviours , understanding evolving technology and tackling climate change.
24
Q

What is included in an informed consent letter?

A
  • Client Details
  • Description of service (reference to TOE).
  • Detail of conflict (do not name other party).
  • Safeguards and information barriers
  • How the conflict will be managed.
25
Q

What is FGs 5 year business plan?

A
  • To grow turnover but to do this responsibly, where our impact on society and the planet is positive. ESG in mind.
  • To be highly successful, single business working together.
  • Maintain our core values are the foundations of what we do.
26
Q

Why is business planning important?

A
  • important when ensuring sustainable growth and success of the comoany
  • adhering to legislative requirements, understanding various business structures, crafting robust short and long-term strategies, conducting thorough market analyses, and setting clear objectives, candidates can lay the groundwork for sustainable success.
27
Q

What are some of the RICS Bye-Laws?

A
  1. Application and Definitions
  2. Membership and registration
  3. Designations
  4. Contribution of Funds
  5. Conduct
  6. Governing Council, Officers and Staff
  7. Subordinate Boards, Committees and Groups
  8. Procedure for General Meetings
  9. Accounts and Audit
  10. General
28
Q

What is the Levitt Review and What is the Bichard Review?

A
  • Levitt (2021) - Independent review of RICS finances
  • Bichard Review - Clarify the purpose of the RICS
29
Q

What are the bribery offences?

A
  • Bribing another person
  • Being Bribed
  • Bribing a foreign public official
  • Failing to prevent a bribe
  • Firm can be subject to unlimited fine
  • Individual can face 10 years in prison.