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RICS APC GD > Ethics, Rules of Conduct & Professionalism (Level 3) > Flashcards

Ethics, Rules of Conduct & Professionalism (Level 3) Flashcards

1
Q

What is the central purpose of the RICS?

A

1) To maintain the highest standards of education and training
2) To protect consumers through strict regulation of professional standards
3) To be the leading source of information and independent advice on land, property, construction and associated environmental issues

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2
Q

What is the RICS?

A

UK based professional body for surveyors

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3
Q

Give a brief history of the RICS

A

1) Founded in London in 1868 by 49 surveyors as the institution of surveyors
2) Received royal charter as the Surveyors Institution in 1881 with the requirement of promoting the usefulness of the profession for the public advantage in the UK and globally
3) In 1930 it became the chartered surveyors institution
4) In 1946 they were granted the title royal and therefore in 1947 became the RICS

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4
Q

How is the RICS linked to other bodies?

A

They work in collaboration with other professional bodies such as RIBA, governments, central banks etc

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5
Q

How many RICS members are there? (roughly)

A

130,000

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6
Q

Who is the current president, president elect and senior vice president of RICS?

A

President - Clement Lau
President elect - Ann Gray
Senior vice president - Tina Pailette

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7
Q

What is the structure of the RICS?

A
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8
Q

What is the significance of the governing council?

A

They are the highest governing body

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9
Q

What do the RICS governing body do?

A

1) Sets global strategy and ensures RICS fulfils its Royal Charter obligation
2) Provides strategic oversight on requirements for entry into the profession and the setting and enforcement of professional standards

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10
Q

How is the governing council composed?

A

1) Chair of governing council
2) 6 Strategy seats (academia & education; capital markets and valuation; land; research and development; residential; urbanization and planning
3) 15 market seats (africa; asean; australiasia; brazil; canada; caribbean; china; europe x 22; hong long; india; middle east; UK & Ireland x 2; USA
4) RICS president, president elect and senior vice president

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11
Q

What does the audit committee do?

A

Monitors the integrity and effectiveness of RICS’ financial reporting, internal control and risk management systems, reviews anti-fraud measures and raising concerns policies and reviews the effectiveness of and recommends each year the appointment of the external auditor

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12
Q

Is the audit committee comprised of just RICS members?

A

No, it is also comprised of non-rics members?

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13
Q

What is the standards and regulation board responsible for?

A

Strategy, policy and operational oversight of the standards, entry and admission to the profession (through RICS education and qualification standards) and regulatory functions of RICS

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14
Q

What is the purpose of the management board?

A

Direct RICS affairs under delegated authority from governing council

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15
Q

Who is the management board comprised of?

A

Non members, RICS members and RICS executives

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16
Q

What is the rule 1 of RICS Rules of Conduct 2021?

A

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

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17
Q

What is the rule 2 of RICS Rules of Conduct 2021?

A

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

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18
Q

What is the rule 3 of RICS Rules of Conduct 2021?

A

Members and firms must provide good-quality and diligent service.

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19
Q

What is the rule 4 of RICS Rules of Conduct 2021?

A

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

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20
Q

What is the rule 5 of RICS Rules of Conduct 2021?

A

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.

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21
Q

Give an example of when you have demonstrated rule 1 of RICS Rules of Conduct 2021

A
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22
Q

Give an example of when you have demonstrated rule 2 of RICS Rules of Conduct 2021

A
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23
Q

Give an example of when you have demonstrated rule 3 of RICS Rules of Conduct 2021

A
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24
Q

Give an example of when you have demonstrated rule 4 of RICS Rules of Conduct 2021

A
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25
Q

Give an example of when you have demonstrated rule 5 of RICS Rules of Conduct 2021

A
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26
Q

What obligations are mandatory to RICS members?

A
  1. Members must comply with the CPD requirements set by RICS.
  2. Members must cooperate with RICS.
  3. Members must promptly provide all information reasonably requested by the Standards and
    Regulation Board, or those exercising delegated authority on its behalf.
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27
Q

What obligations are mandatory for RICS regulated firms?

A
  1. Firms must publish a complaints-handling procedure, which includes an alternative dispute
    resolution provider approved by RICS, and maintain a complaints log.
  2. Firms must ensure that all previous and current professional work is covered by adequate and
    appropriate professional indemnity cover that meets the standards approved by RICS.
  3. Firms with a sole principal must make appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence from or inability to work.
  4. Firms must cooperate with RICS.
  5. Firms must promptly provide all information reasonably requested by the Standards and
    Regulation Board, or those exercising delegated authority on its behalf.
  6. Firms must display on their business literature, in accordance with RICS’ published policy on
    designations, a designation to denote that they are regulated by RICS.
  7. Firms must report to RICS any matter that they are required to report under the Rules for the
    Registration of Firms.
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28
Q

What are the RICS ethical standards?

A
  1. Act with integrity
  2. Always provide a high standard of service
  3. Act in a way that promotes trust in the profession
  4. Treat others with respect
  5. Take responsibility
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29
Q

What does the first RICS ethical standard mean?

A

Be honest and straightforward in all that you do

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30
Q

What does the second RICS ethical standard mean?

A

Always ensure your client, or others to whom you have a professional responsibility, receive the best possible advice, support or performance of the terms of engagement you have agreed to. This standard includes, but is not limited to, the following behaviors or actions

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31
Q

What does the third RICS ethical standard mean?

A

Act in a manner, both in your professional life and private life, to promote you, your firm or the organization you work for in a professional and positive way.

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32
Q

What does the fourth RICS ethical standard mean?

A

Treat everyone with courtesy, politeness and respect and consider cultural sensitivities and business practices

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33
Q

What does the fifth RICS ethical standard mean?

A

Be accountable for all your actions – don’t blame others if things go wrong, and if you suspect something isn’t right, be prepared to take action.

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34
Q

Give an example of when you demonstrated the first RICS ethical standard?

A
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35
Q

Give an example of when you demonstrated the second RICS ethical standard?

A
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36
Q

Give an example of when you demonstrated the third RICS ethical standard?

A
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37
Q

Give an example of when you demonstrated the fourth RICS ethical standard?

A
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38
Q

Give an example of when you demonstrated the fifth RICS ethical standard?

A
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39
Q

What is a conflict of interest?

A

a situation in which you acting for a client or other party in a professional assignment conflicts with a duty owed to another client or party in relation to the same or a related professional assignment

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40
Q

What is a own interest conflict?

A

a situation in which somebody acting for a client or party in a professional assignment conflicts with the interest of the same firm

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41
Q

What is a confidential information conflict?

A
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42
Q

What is an information barrier?

A

The physical or electronic separation of individuals within the same firm that prevents confidential information passing between them

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43
Q

What is informed consent?

A
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44
Q

What are some things regulated firms must do in relation to bribery and corruption?

A

1) Prepare a written policy covering anti-bribery and corruption
2) Have an appropriate governance and systems and controls in place
3) Have a register for gifts and hospitality etc
4) Appoint a person in the company that can be contacted to discuss these matters
5) Carry out due diligence on third party suppliers to ensure they are acting appropriately

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45
Q

What are some things RICS members should do in relation to anti-bribery and money laundering?

A

1) Declare gifts, hospitality etc to their employers
2) attend relevant training addressing these issues
3) be familiar and act in compliance with their employers policy
4) If in a senior management position, take a leadership role in attempting to ensure that their employer has an appropriate regime in place for addressing bribery and corruption

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46
Q

What should RICS regulated firms do in relation to money laundering and terrorist financing?

A

1) Have a written policy addressing these issues
2) have appropriate governance systems in place
3) provide appropriate training for staff
4) keep reports of suspicion of money laundering and terrorist financing and the firms system to counter these risks

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47
Q

In relation to money laundering and terrorist financing, what should RICS members do?

A

1) Keep up with training on the matter
2) Comply with their firms policy and processes relating to these matters
3) keep report of suspicious activity

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48
Q

Why must a Chartered Surveyor do CPD?

A

It ensures that we remain up to date with relevant legislation and any changes in the industry

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49
Q

Why must a Chartered Surveyor main solvent?

A

1) If we are not solvent then we are more at risk to taking bribes and not asking within the clients best interests
2) If we cant manage our own finances it does not reflect well on being able to manage our clients finance

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50
Q

What would you do if you were asked to do something unethical?

A

1) Speak to somebody more senior than me (line manager etc)

2) Whistle blow to the correct organization if required

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51
Q

What has the RICS produced to help surveyors make ethical decisions?

A

The RICS has created the Ethics Decision Tree, which members can refer to if they are asked to do something they are unsure about

52
Q

When you taken on a new client, what checks do you make?

A

1) Undertake due diligence on identify and if the person is a PEP etc

53
Q

How do you undertake a conflict of interest check?

A
54
Q

What is money laundering?

A

Money laundering is legitimizing the proceeds of crime.

55
Q

Why does you firm have Terms of Engagement and what should be included in it?

A

1) Creates a contract with the client

2) Sets out the proposed fee basis, payment of expenses and a copy of the firms CHP is available upon request

56
Q

Why would you like to be a Chartered Surveyor?

A

1) Professional credentials promotes client confidence
2) Promotion of your professional excellence
3) RICS status gives a competitive advantage
4) International practice standards and guidance gives up to date and relevant knowledge
5) Promotes professional network

57
Q

What are the THREE benefits of regulation for firms?

A

1) Client confidence
2) Firms have to provide clear, impartial and expert advice
3) Firms have to have recognized CHP, access to ADR and PII cover

58
Q

How much CPD must RICS members do?

A
59
Q

What information is required by RICS for registration of firm and in annual return?

A

1) Type of business and staffing details
2) Statutory regulated activities
3) Nature of clients
4) Complaints handling procedure and records
5) PI insurance certificate
6) Whether the firm holds clients money or not

60
Q

Can you rely on due diligence checks undertaken by a solicitor?

A
61
Q

If you are conflicted, can you still undertake an instruction if you’ve got informed consent?

A
62
Q

How many Principals in a firm have to be RICS members for a firm to be regulated?

A

Up until April 2020 a regulated firm had to have 50% or more principals who were RICS members

After April 2020

63
Q

Why are the RICS requiring 25% of Principal to be members in order for firms to apply to be regulated?

A

Concerned that as the RICS profession and brand grows, having a single RICS qualified Principal does not provide sufficient assurance that RICS professional standards have adequate influence within the senior management of firms

64
Q

Would you ever receive a gift from a client?

A
65
Q

If you thought it was appropriate to accept a gift from a client, how would you proceed?

A

Record it on my firm’s Gifts and Hospitality Register

66
Q

What is the law associated with gift giving and receiving?

A

Bribery Act 2010 and Proceeds of Crime Act 2002

67
Q

What are the SIX principles of the Bribery Act 2010?

A

1) Proportionality
2) Top level commitment
3) Risk assessment
4) Due diligence
5) Communication
6) Monitoring and review

68
Q

What are the FOUR offences under the Bribery Act 2010?

A

1) Bribing
2) Receiving a bribe
3) Bribing a foreign public official
4) Failing to prevent bribery

69
Q

How would you define a bribe?

A

Bribe can be the giving, offering, promising or receiving of an advantage such as a payment, gift or a service for an action which is illegal or a breach of trust

70
Q

What identification do you require on a client to do Customer Due Diligence?

A

Private: identify client and their identity based on a reliable independent source (e.g. passport or driving licence). Proof of address (e.g. bank statement, council tax statement) not more than 3 months old

Company: certificate of incorporation, full name, company number and address of registered office (names of directors and beneficial owners as anyone who has a shareholding of 25% or more)

Publicly accountable body: proof of government ownership/control

71
Q

What would you do if you were suspicious of a client?

A

Wouldn’t make them aware as that could be ‘tipping off’ which is an offence
Would report and escalate internally to a compliance manager

72
Q

What is considered an appropriate margin of error?

A

When valuing it depends on the availability of comparable evidence and the complexity of the valuation, as to what would be an acceptable margin of error
±10% is usually considered to be a reasonable margin of error but more likely ±5% for residential property

73
Q

What are the FOUR levels of membership for the RICS?

A

1) FRICS
2) MRICS
3) AssocRICS
4) Trainee/student

74
Q

What must you do to achieve FRICS status?

A

Provide evidence of achievement to the Fellowship assessor of FOUR Fellowship characteristics. They are grouped into the following categories:

  1. Champion
  2. Expert
  3. Influencer
  4. Role model

A personal statement on current role, practices and ambitions.

75
Q

Who is the current CEO of the RICS?

A

Dr Sean Thompkins

76
Q

In what circumstance will the RICS disciplinary procedure be triggered?

A

1) Someone complaining to RICS
2) Allegation by a client or third party
3) Information received or established by the RICS

77
Q

What are the THREE levels of disciplinary action?

A

1) Action by head of regulation
2) Disciplinary panel
3) Appeal panel

78
Q

What are the THREE most common breaches of the Rule of Conduct for Firms, 2007 (as amended 2017)?

A

1) Professional behavior
2) CPD
3) Protecting client money

79
Q

What FOUR actions can the Head of Regulation of the RICS impose?

A

1) Fixed penalty notice
2) Compliance order
3) CPD sanctions
4) Referred to disciplinary panel

80
Q

When would the Head of Regulation issue a Fixed Penalty notice?

A

Only used for breaches relating to the supply of information to the RICS by firms and members

81
Q

What is a Compliance Order?

A

Written document which states the actions which the member or firm must take or desist from taking for a specified period of time
Used for minor breaches which can be easily corrected

82
Q

When would the Head of Regulation refer the matter to a Disciplinary Panel?

A

Used for more serious breaches of conduct

83
Q

Who forms the Disciplinary and Appeal Panels?

A

50% are lay members (non RICS members)

84
Q

What are the FIVE penalties available to the Disciplinary Panel?

A
  1. Compliance Order
  2. Unlimited fine per breach
  3. Conditions upon future continued RICS registration
  4. Expulsion from membership or remove a firm
  5. Publication of results (Modus, RICS website, local newspaper)
85
Q

What does the Appeal Panel do in disciplinary proceeding?

A

Consider a member’s or firm’s appeal to the outcome of a disciplinary procedure

Will review the evidence previously presented and any new representations

Can allow the appeal and vary the penalty previously imposed

86
Q

What is an RICS International standard?

A

High-level, principle-based mandatory standard developed in collaboration with other relevant organisations e.g. RICS Valuation - Global Standards, 2019

87
Q

Give an example of 3 pieces of RICS Core material that you have had reference to in your work?

A
88
Q

What is an RICS Practice Statement?

A

Document that provides members with mandatory requirements e.g. Surveyors Acting as Expert Witnesses, 2014

89
Q

What is an RICS Guidance Note?

A

Document provided by RICS to promote good practice. RICS strongly recommend that you have regard to the contents of any relevant guidance note e.g. Comparable Evidence in Real Estate Valuation, 2019

90
Q

What is an RICS Code of Practice?

A

Document produced with other professional bodies and stakeholders to provide up-to-date research and advice to practitioners e.g. Rating Consultancy Code of Practice, 2017
Have the same status as a professional statement or a guidance note (mandatory or recommended good practice)

91
Q

What is an RICS Code of Practice?

A

Document produced with other professional bodies and stakeholders to provide up-to-date research and advice to practitioners e.g. Rating Consultancy Code of Practice, 2017
Have the same status as a professional statement or a guidance note (mandatory or recommended good practice)

92
Q

What should you consider during fee negotiations?

A

Firms should avoid price fixing, aggressive fee cutting or collusion with competitors
Fees should be market-based and agreed on an ad-hoc basis with clients

Must consider the RICS Global Professional and Ethical Standards, 2015 and Rules of Conduct, 2007 as amended

93
Q

What should you do if accepting or offering referral fees?

A

1) Must be completely transparent with your clients and consumers, so they understand you are receiving or offering a referral fee
2) State in you terms of engagement if applicable
3) Consider your actions in context of the Bribery Act 2010 and the RICS Global Professional and Ethical Standards, 2015

94
Q

What steps should you follow when you receive instructions from a client?

A
  1. Competence
  2. Conflicts of interest check
  3. Terms of Engagement
95
Q

What is the cooling off period following the establishment of Terms of Engagement?

A

Consumer Rights Act 2015 allows a cooling off period of 14 days from the date of the agreement

96
Q

Why may it be appropriate to decline an instruction?

A
  1. You are not competent to undertake the work
  2. You do not have sufficient facts on the issue
  3. Proposed client will not sign the terms of engagement or complete the AML checks
  4. There is a conflict of interest
  5. Proposed client is on the UK Government’s sanctions lists
97
Q

What would you do if a family member or friend asked you for some advice on a pro bono basis?

A

I would be unable to give them advice as my firm’s professional indemnity insurance would not cover work carried out on a personal basis
I would refer them to another surveyor who would be able to advise them appropriately

98
Q

Have you seen an example of a conflict of interest in your firm?

A
99
Q

What is formal CPD?

A

Includes structured learning that has clear learning objectives and outcomes e.g. seminars

99
Q

What is formal CPD?

A

Includes structured learning that has clear learning objectives and outcomes e.g. seminars

100
Q

What is Informal CPD?

A

Includes self-managed learning that is relevant or related to your professional role

101
Q

How long should files be kept for?

A

A minimum of 6 years before disposing and destroying them securely (although can be sued for negligence for up to 15 years)

102
Q

What should you do if a third parties requests access to your files?

A

Must get the client’s approval first unless you are subject to a statutory duty overriding the client’s confidentiality rights e.g. the police or HMRC investigation

103
Q

What should a surveyor do if they find out a confidential piece of information in error about a party who is not their client?

A
  • Cannot use the information for their own purposes
  • Client and sender should be advised of the error
  • Matter should be recorded in a note to the firm’s compliance officer
  • Any confidential information received in error should be disposed of securely
104
Q

What are the criteria for proving a negligence claim?

A
  1. Duty of care owed
  2. Breach of the duty of care
  3. Loss that was caused by that breach
105
Q

What is the Limitation Act?

A
106
Q

How can you avoid negligence claims?

A
  • Understand client’s objectives and confirm precise instructions in writing in the Terms of Engagement
  • Ensure you are competent to undertake the instruction
  • Undertake the work in accordance with the relevant RICS Standards and Guidance Notes
  • Make detailed file notes and take photographs
  • Keep up to date with market knowledge and legislation and undertake and record your CPD
  • Cap the professional liability excess on your PII policy in the Terms of Engagement
107
Q

Who must Professional Indemnity Insurance policies be underwritten by? Provide some examples.

A

RICS approved insurer e.g. AIG, Allianz and AXA

108
Q

What is the regulatory document issued by the RICS on Professional Indemnity Insurance called?

A
109
Q

What level of Professional Indemnity Insurance cover should a new business obtain?

A
110
Q

What level of run-off cover is required following the cessation of trading?

A

Consumer claims: minimum of £1,000,000 of aggregate cover over a minimum of six years

Commercial claims: must consider what is an adequate level of cover for a minimum period of six years

RICS recommend more length cover as claims can be made up to 15 years after work is undertaken

111
Q

What is PII?

A

1) Professional indemnity insurance
2) Insurance that provides cover for legal costs and expenses incurred in your defense, as well as any damages or costs that may be awarded, if you’re alleged to have provided inadequate advice, services or designs that cause your client to lose money

112
Q

Who can firms apply to if they are unable to obtain run-off Professional Indemnity Insurance cover?

A

RICS Run-off Pool

113
Q

Who can retired/part-time members apply to for Professional Indemnity Insurance?

A

RICS Low Earners Scheme

114
Q

Who can members apply to if they cannot arrange Professional Indemnity Insurance?

A

RICS Assigned Risk Pool

115
Q

Who can members apply to if they cannot arrange Professional Indemnity Insurance?

A

RICS Assigned Risk Pool

116
Q

Who can members go to if they are facing personal negligence claims for work carried out by a former employer who they though had Professional Indemnity Insurance cover, but does not ?

A

RICS Member Support Service (MSS)

117
Q

Why would a firm of surveyors handle clients’ money?

A

Holding deposits, rent, service charge and retentions

118
Q

What are the SIX main area of good practice set out in the RICS Professional Statement Client Money Handling, 2019?

A
119
Q

What scheme does the RICS run for instances where an RICS Regulated Firm is unable to repay a client’s money?

A
  • RICS Clients’ Money Protection Scheme
  • Scheme split into two parts covering money held by firms undertaking surveying activities and those undertaking residential agency activity
120
Q

When starting a new practice, what RICS regulations do you have to comply with?

A
121
Q

What does the RICS require you to do if you are closing a practice?

A
122
Q

What are some of the greatest challenges facing the RICS?

A
123
Q

What do the new rules state about the use of the RICS logo and designation ?

A
124
Q

What countries have been identified as high-risk third countries?

A

16 countries have been identified as high-risk third countries by the European Commission. These include: Afghanistan, Iraq, Syria, Iran and North Korea

125
Q

Why must a regulated firm have professional indemnity insurance?

A

RICS APC GD (21 decks)

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