Ethics, Rules of Conduct and professionalism Flashcards
(102 cards)
What is bribery?
Giving or receiving a financial or other advantage in exchange for the improper performance or a function or activity.
What is the The Bribery Act 2010?
The Bribery Act creates a strict liability offence of failing to prevent bribery.
Under the Bribery Act, companies will be liable if anyone acting under its authority commits a bribery offence.
Such persons can include employees, consultants, agents, subsidiaries and joint venture partners.
What are the 4 main offence under The Bribery Act 2010?
- Take or receive a Bribe.
- Offer a Bribe.
- Bribing a Foreign Public Official.
- Failure to prevent a bribe.
In relation to bribery and corruption RICS-regulated firms must?
· Do not offer or accept, directly or indirectly, anything
that could constitute a bribe.
· Have plans in place to comply with applicable laws
governing bribery and corruption.
· Report any activity breaching anti-bribery and
corruption laws to the authorities.
· Undertaker period written evaluations of the risks the
Firm face regarding facilitation of bribery and
corruption.
· Retain records as to how the firm has met the r
requirements of the professional statement.
In relation to bribery and corruption RICS members must?
· Do not offer or accept, directly or indirectly, anything
that could constitute a bribe.
· Have adequate knowledge of bribery and corruption
to comply with the professional statement.
· Report any activity relating to anti-bribery and
corruption breach to authorities or a senior manager.
What should you do if you are offered a gift?
· Firms must keep a clear record of gifts and hospitality.
Called a Gift Register.
· Gifts should only be accepted when justifiable and
proportionate, timing and reciprocation.
When should a firm have a whistleblowing policy?
Depending on size, it may be appropriate for RICS Regulated Firms to have a formal whistleblowing policy covering when and how employees should report concerns and how reports should be treated.
· Should be confidential
· Should be Separate from the normal chain of
command
What is Money Laundering?
The concealment of illegally obtained money by moving it through banks, property and legitimate businesses.
Money laundering is the process of concealing the origin of funds produced by criminal activity.
In relation to money laundering and terrorist financing RICS-regulated firms must?
· Not facilitate or be complicit in money laundering or
terrorist financing activities.
· Have systems in place to comply with relevant laws.
· Report any suspicions to the relevant authorities.
· Evaluate and review risks.
· Verify the identity of clients.
· Retain records as to how the firm has met the
requirements of the professional statement.
In relation to money laundering and terrorist financing RICS members must?
· Not facilitate or be complicit in money laundering or
terrorist financing activities.
· Report any suspicions to the relevant authorities.
What is a Politically Exposed Person (PEP)?
These people are high risk from a money laundering and corruption perspective as they hold positions of influence.
A correct approach to dealing with a PEP is to have a policy that enables a PEP to be detected on a risk basis. EDD should be applied to the PEP. Deeper assessment of transaction type and source of funds. Senior managers should be involved in decisions regarding PEPs.
Dealing with companies, the same principles should be applied if the beneficial owner of the company is a PEP.
What is Rule 8 of the RICS Rules of Conduct for Firms?
A firm shall preserve the security of client money entrusted to their care in the course of practice or business.
When handling clients money RICS members must?
· Hold the money in a client bank account (which the
firm has exclusive control over).
· Ensure the account only hold sums provided by the
client
· Do not hold office money in the account. Must be
separate from firm money or other client money.
· The bank account must include the word ‘client’ and
the name of the firm in the title of the account.
· Ensure money is immediately available (Even at the
sacrifice of interest).
· Given instructions to hold funds in a high interest
account with penalties for instant access, penalties are
only paid by the client with client consent and
provided this will not cause the account to go
overdrawn.
What are the Client Money objective obligations for both RICS Members and Firms?
· Ensure money is kept safe
· Client money is used for appropriate purposes only.
· RICS regulated firms have appropriate controls and
procedures to safeguard client money.
What is the RICS money protection scheme?
RICS Regulated firms that hold client money must ensure they are registered with the appropriate RICS scheme;
· RICS Client Money Protection Scheme for Surveying
Services, applies to RICS Regulated Firms in the UK.
· RICS Client Money Protection Scheme for Property
Agents, applies to letting agency and property
management work in England only.
What are the requirements for RICS members handling clients money?
· Ensure compliance with all anti-money laundering
legislation, rules and regulations for all receipts of
client money.
· Ensure compliance with Mandatory requirements for
Countering Bribery and Corruption, money
laundering and terrorist financing RCIS Professional
statement.
· Follow all client money handling procedure for the
firm they work for.
· Do not override any controls in place to protect client
money.
· Disclose any risk of or actual misappropriation of
client money to a senior member of the firm and
record it.
What information must be provided to clients in writing?
· Confirmation money will be held in a client account
including the account details.
· Advice to clients who pay fees in advance for
surveying services that the money is not covered by
the Client Money Protection Scheme.
· Disclosure of commissions earned while managing
their property.
· Disclosure of commissions earned while managing
their property.
· How unidentified funds are dealt with.
· A copy of the firms written procedures for handling
client money.
What is a complaint?
An expression of dissatisfaction. Usually when expectations have not been met.
How to deal with a Complaint?
· Allocate the complaint the appropriate person as per
Company CHP.
· Respond to the complaint within the timescales
detailed in the CHP.
· Investigate the complaint using the defined
procedures.
· Identify an outcome or route for closing the
complaint.
· Formally record the process.
· Communicate lessons learnt internally.
· Review at a pre-determined date in the future.
What does Rule 7 of RICS’ Rules of Conduct for Firms state?
A firm shall operate a complaints handling procedure and maintain a complaints log. The complaints handling procedure must have an ADR mechanism approved by the regulatory board.
What are the minimum requirements a firm must have?
- All Firms should have CHP
- Quick, Transparent and Impartially Implemented.
- Appoint a person to carry out investigation.
- Make info about CHP available to clients.
- If Complainant still unhappy, they have the right to a
separate review or mediation. - If Complainant still unhappy, they have the right to
independent dispute resolution.
How would you complain about a RICS Member or Firm?
Initially to the firm via the complaints handling procedure.
If no action, complain to the RICS.
What can the RICS investigate if a complaint isn’t handled properly?
· Failure to use the CHP. · Conflicts of interest. · Misuse of client’s money. · Negligence. · Failure to answer correspondence. · Convictions of a criminal offence.
What is the 2 stages of CHP that RICS regulated firms must have?
· Consideration by the firm.
· Refer to an independent redress scheme (ADR /
Ombudsman) if not resolved.