Conflicts of Interest Flashcards

1
Q

What is a conflict of interest?

A

A personal interest interferes with the ability to act in the interest of the other person

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2
Q

What are the three types of conflict of interest?

A

Party Conflict
Own interest conflict
Confidential information conflict

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3
Q

What is a party conflict?

A

act in the interests of a client conflicts with a duty owed to another client in the same or related professional assignment.

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4
Q

What is an own interest conflict?

A

act in the interests of a client in a professional assignment conflicts with the interests of that person. i.e. referring siblings company for work

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5
Q

What is a confidential information conflict?

A

providing information to one client, and to keep that same information confidential to another client

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6
Q

What does RICS say every member must do, regarding COI?

A

identify and manage coi

Keep records of the decisions made

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7
Q

What are the dates of the RICS Professional Standard: Conflicts of Interest, 1st edition?

A

March 2017
Effective 1 January 2018

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8
Q

When can work be conducted when a COI arises?

A

Where all of those who are or may be affected have provided their prior informed consent.

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9
Q

When can Informed consent be sought?

A

when interests of all of those who are or may be affected and

is not prohibited by law,

not prevent competent and diligent advice to those that may be affected.

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10
Q

What is informed consent?

A

consent given willingly by a party who may be affected by a Conflict of Interest,

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11
Q

What does the client need to demonstrate for informed consent?

A

a that there is a Conflict of Interest or a significant risk of a Conflict of Interest and

b the facts known are material to the Conflict of Interest and

c what that Conflict of Interest is or may be and

d that a Conflict of Interest may affect the ability to advise or act fully in their interest

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12
Q

What is an information barrier?

A

provisions between individuals in the same firm to prevent confidential information passing between them

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13
Q

What is confidential information?

A

confidential information, whether held or disseminated electronically, verbally or in hard copy.

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