Ethics Flashcards

(38 cards)

1
Q

What is the RICS motto?

A

Est Modus in rebus
There is measure in all things

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2
Q

Current president of RICS?

A

Nicholas Maclean

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3
Q

What is the full name for the RICS Rules of Conduct?

A

Rules of Conduct, Global, October 2021

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4
Q

What is the purpose of the new Rules of Conduct?

A

Amalgamated the 2 separate documents - rules for Firms and rules for members. Produced to provide clear examples for both members and firms in 1 document
To protect the public, whilst upholding the standard

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5
Q

What are terms of engagement and why are they important?

A

Written agreements specifying and agreeing works to be carried out

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6
Q

Examples of what is included in terms of engagement?

A
  1. Parties
  2. Nature and scope of works
  3. Personnel
  4. Fee basis
  5. Complaints handling
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7
Q

What is an international standard?

A

High-level standard developed in collaboration with other relevant bodies

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8
Q

What is a RICS professional statement?

A

Mandatory requirements for RICS member and regulated firms

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9
Q

What is a RICS guidance note?

A

A document that provides users with recommendations or an approach for accepted good practice as followed by competent and conscientious practitioners

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10
Q

What is the RICS Code of Practice?

A

A document developed in collaboration with other professional bodies and stakeholders that will have the status of a professional statement or guidance note

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11
Q

What is an RICS Jurisdiction Guide?

A

Offers local market details to support RICS standards, covering legislation, associations, and professional bodies, but is not guidance or best practice.

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12
Q

What does CPD stand for

A

Continual Professional Development

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13
Q

What is the importance of completing CPD?

A

To ensure a good standard of service can be provided, by providing diligent and up to date advice

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14
Q

What are the CPD requirement for both qualified and seeking qualification?

A

Qualified – 20hrs/yr @ 50% formal
Seeking – 48hrs/yr – 50% formal
3 year ethics certificate

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15
Q

Definition of Professional Indemnity Insurance?

A

Mandatory for surveyors and is to protect surveyors, clients and third parties against negligence claims when a duty of care has been breached, to reimburse incurred losses.

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16
Q

How do you calculate PII?

A

Based on turnover
1. Less than £100k = £250k
2. £100-200k = £500k
3. + £200k = £1mil
4. If no turnover – based off income forecasting – can adjust based off actual earnings

17
Q

What are the RICS requirements for PII policy?

A
  1. Send certificate to the RICS annually
  2. Minimum of 6 years run off cover of £250k for past and present employees – RICS recommend 15 years
  3. Provide early notification to provider if a claim arises
18
Q

How does run off cover work?

A

Run-off insurance is professional indemnity insurance which covers the historic liabilities of a business and its directors when the business ceases or is acquired.

19
Q

What is FG’s PII

A
  1. £25mil – each and every claim
20
Q

What is a COI?

A

A situation where a professional or firms independence, impartiality or judgement can be impaired

21
Q

What RICS guidance covers COI’s?

A

RICS Global Professional Statement on Conflicts of Interest, 2017

22
Q

3 types of COI’s

A
  1. Party v Party conflict
  2. Own Conflict
  3. Confidential information conflict
23
Q

How should a COI be managed?

A
  1. All parties informed at earliest opportunity
  2. If viewed as can be managed through personnel separation and information barriers, letters of informed consent to be put in place to ensure parties are happy for you to act
24
Q

What is client money?

A

Money received by a firm that does not belong to them

25
What RICS guidance is there on client money?
RICS Global Professional Statement on Handling Client Money 2019 RICS Client Money Protection 2019
26
What are the requirements for handling client money?
1. Keep separate 2. Account name to the client 3. Keep in credit 4. Available on request from the client 5. Only withdrawn when required and have the requisite signatures to confirm 6. Interest is to be paid
27
What is Anti Money Laundering
The concealment of the origin of funds
28
What legislation governs Anti Money Laundering?
The Anti-Money Laundering, Terrorist Financing, Transfer of Funds, Information on the Paye, Regulations 2019
29
What is the RICS guidance on Anti Money Laundering?
RICS professional statement on Countering bribery and corruption, money laundering and terrorist financing 2019
30
What are the requirements for the Anti Money Laundering regs?
1. Carry out DD 2. Appoint AML officer 3. Prepare written policies and risk assessments 4. Register records with HMRC and keep for 5 yrs 5. Notify NCA if AML is suspected
31
Penalties for non-compliance with AML regs?
1. Non-compliance with regs = unlimited fine & 2 yrs 2. Assisting = up to 14 yrs
32
What AML checks should you carry out?
1. Publicly limited comp. = London Stock Exchange listing 2. Publicly accountable comp. = Government ownership/control 3. Private limited comp. = Certificate of incorporation
33
What is bribery?
The giving, offering or receiving of an advantage such as a gift, service or payment for an action that is illegal
34
What is the bribery legislation?
Bribery Act 2010
35
What are the 4 offences under the Bribery Act?
1. Giving a bribe 2. Receiving a bribe 3. Failing to prevent a bribe 4. Brining a public official
36
What RICS policy governs bribery?
RICS Global Professional Statement on Countering Bribery, Corruption, Money Laundering and Terrorist Financing, 2019
37
What are the RICS requirement for anti-bribery?
1. Have a gift register 2. Maintain gift register 3. Have clear policies and staff training
38
What would you do if you were offered a gift?
1. Assess proportionality 2. Generally, refuse 3. If Client insists, report to line manager and record on register if over £50 4. If inappropriate, give to charity