Ethics Flashcards

1
Q
  • What are the RICS Rules of Conduct and can you provide examples?
A

Members and Firms must:
– be honest and act with integrity E.G. Conflicts of interest

  • maintain their professional competency. E.G. Relevant skills
  • provide good-quality and diligent service. E.G. Quality Assurance
  • treat others with respect and encourage diversity and inclusion. E.G. Work cooperatively
  • act in the public interest and maintain public confidence in their profession. E.G. Complaints Handling Procedure
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2
Q
  • What is contained within Appendix A of the RICS Rules of Conduct?
A

Appendix A is the section regarding Professional Obligations.

Obligations for firms:
o Publishing Complaints Handling Procedure and Alternate Dispute Resolution
o Have PII cover
o Denote that they are RICS regulated
o If having a sole principal - ensure arrangements for work to continue in event of incapacity

Obligations for members:
o Co-operate with RICS
o Meet CPD standards

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3
Q
  • How do you act to a high professional and ethical standard?
A

I do this by adhering to the RICS Codes of Conduct.

Professional – Ensuring professional competence (ensuring have relevant skills for a job) and providing a diligent service (by undertaking quality assurance)

Ethical – Maintaining honesty and integrity (by prohibiting and managing conflicts of interest and maintaining confidentiality)

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4
Q
  • What does a fully regulated firm mean?
A

A company that is registered with RICS and must comply with the regulation of the RICS.
These companies can be an LLP, large corporate body, or a sole practitioner.

The requirements include:
o Undertake annual return showing compliance
o Have a Responsible Principal – who is responsible for compliance
o Use the RICS logo correctly
o Include RICS within Terms of Engagement

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5
Q
  • What is contained within an Annual Return?
A

o Type of business and staff details
o Name of Responsible Principal
o Statutory Regulated Activities – such as financial services
o Nature of Clients
o CHP and records
o PII details
o Whether clients’ money is held

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6
Q
  • What companies can apply to be an RICS registered firm?
A

o If 50% of Principals are RICS registered = must be registered
o If 25% plus of Principals are registered = can apply
o Principles are directors or board members

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7
Q
  • What is your employer’s Code of Business Conduct?
A

SW have Codes related to:
o ESG and Sustainability
o Data Protection
o Bribery – gifts policy

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8
Q
  • What is your employers gift policy?
A

SW are required to have measures in place to prevent bribery.

Some gifts are appropriate:
o Not made with intention of influencing
o Only accepted with approval of Nominated Officer
o Does not include cash or vouchers

Anything over £25 should be declared and put on the gift register.

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9
Q
  • What do you know about the Bribery Act 2010?
A

Created to reduce bribery in businesses in UK and abroad.

A bribe is something given or promised in exchange for something that is illegal or a breach in trust.

Companies are responsible and must demonstrate steps taken to prevent bribery.

4 Offences to the Act:
o Bribing
o Receiving a Bribe
o Bribing a foreign public official and:
o Failing to prevent bribery

Penalty – Serious Fraud Office with maximum penalty of 10-year imprisonment or unlimited fine for individuals and company

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10
Q
  • What do you know about the RICS Countering Bribery and Corruption, Money Laundering and Terrorist Financing professional statement (1st edition, 2019)?
A

It’s a professional statement by the RICS.

Mandatory Requirements include:
o Must not accept or offer anything constituting a bribe
o Must report any breaches
o Report suspicions to relevant authorities
o Not facilitate money laundering
o Firms must have systems to prevent

Further to this, companies are encouraged to have a gift register and risk assessments and provide training to employees.

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11
Q
  • What is the Bichard Review?
A

Following the review by Alison Levitt, Bichard Review commissioned to review:
o Clarify purpose of RICS
o Make recommendations to governing structure
o Provide proposals for incoming leadership and future culture and strategy

Report made recommendations:
o Increased focus on the public interest, including creating a public panel
o Greater leadership on issues inc climate change and diversity and inclusion
o Increased member engagement and empowerment
o Simplify governance structure

Following the review, there is a willingness to deliver a more public focussed operation

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12
Q
  • When did you complete the professionalism test?
A

25th February 2023

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13
Q
  • Can you provide an example of when you have maintained professional competency?
A
  • When submitting quotes for undertaking a job, I ensure that myself and my supervisor have the required skill level and competence to undertake the job. E.G. within my case study
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14
Q
  • Can you provide an example of when you have acted in the best interest of the public?
A

Commercial Portfolio Valuation – Midlands

  • Did not accept what I perceived to be a bribe when offered £20 towards going for lunch
  • Offered when concluding the inspection of a portfolio and was seen as a gesture by the bank’s customer to influence me. During the process and not once the job was concluded.
  • The SW gifts policy prohibits taking hospitality in the form of cash or vouchers
  • In line with the Bribery Act 2010 which makes it a legal requirement to not accept anything constituting a bribe
  • Also RICS legislation surrounding this topic
  • My ultimate duty of care is to the public
  • Improve the reputation of surveyors
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15
Q
  • What is the RICS Decision Tree and how would you use it?
A

A framework for members to reach a conclusion when facing an ethical matter.

Fundamentally asks whether:
- You have sufficient FACTS for the situation
- Is it LEGAL
- Is it inline with RICS ethical standards
- Have you CONSULTED with others
- Do you have REASONING to accept
- Is it ethical in the eyes of the MEDIA

F L R C R M

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16
Q
  • When have you provided a diligent service?
A

When working on a Valuation report, we have a system in place called Blue Ink. This system requires the report to be dual signed.

One by the surveyor undertaking the instruction, and another by a second surveyor who has read, and quality assured the report.

The Blue Ink system then locks the PDF report document to prevent editing by third parties. This provides a diligent service.

17
Q
  • What are the benefits of being an RICS member?
A

The benefits include:
o Status
o Recognition
o Market advantage – opens for wider work
o Knowledge
o Network

18
Q
  • When is it acceptable to accept such a gift/offer?
A

There are some acceptances with hospitality:
- When in line with the Bribery Act 2010 and RICS legislation
- Not taken with the intention of influencing
- Complies with local law
- Given by a company and not an individual
- Approved by the SW Nominated Officer

19
Q
  • Why can you not disclose offers in an informal tender?
A

As an agent you are bound to confidentiality because of Data Protection and the Act.

Therefore personal information should be protected.

Giving an indication of offers in best and finals is unethical and against the terms of informal tender.

The requirements of Best and Final offers state that you should open bids in front of the client or a witness.

20
Q
  • What do Terms of Engagement contain?
A
  • In accordance with Red Book
  • Disclosure and Liability – report strictly for who it is addressed to
  • Inspection - valuer undertaking inspection
  • Condition and repair – limitations of the inspection
  • Statutory matters – Equality Act, Fire Safety, Asbestos
  • Tenure – Tenancies (information relied upon)
  • Bases of Value
  • Terms and Conditions – definitions
21
Q
  • What is Professional Indemnity Insurance?
A
  • Mandatory
  • Protect clients, surveyors and third parties from negligence
  • Must have adequate level of cover for each instruction
  • SW Cover £20M
  • Current cover covers any historic claims, rather than the insurer at the time of the offence
  • Run-off cover required for at least 6-years. Min £1M but assess your own level.
  • PII cover needed for unpaid work
  • RICS services in place for members facing claims who:
  • Are in administration
  • Can’t arrange cover
22
Q
  • What is Negligence?
A
  • When there is a loss or claim for damages
23
Q

Why do you want to become an RICS member?

A
  • Something I have been working towards for a few years now
  • Been to university and committed to an RICS accredited Real Estate degree
  • Want to join an institution to be part of a body with a strong reputation, history and global reach
24
Q

What is the role of the RICS?

A
  • Enforces best practice
  • Policy and poticial influence
25
Q

What do you know about the Limitation Act 1980?

A
  • Negligence limitation 6 years
26
Q

What are the 6 principles to the Bribery Act?

A
  • Proportionality
  • Top Level Commitment
  • Risk assessment
  • Due diligence
  • Communication
  • Monitoring and Review