Mandatory Flashcards
5 Principles of better regulation
Proportionality
Accountability
Consistency
Targeting
Transparency
What disciplinary procedures can the RICS impose?
Consent Order: Caution, reprimand requirement to undertake action
Disciplinary panel
Fixed penalty: Breach rule 2 Rules of Conduct (CPD)
What money laundering regulations or legislation are you aware of?
money laundering terrorist financing and transfer of funds regulations 2017
What bribery legislation are you aware of?
Bribery Act 2010
What is a bribe?
Illegal offer or acceptance of money, gifts, or favours to influence someone to act dishonestly, illegally, or in a way that breaks a trust
What are the penalties for accepting a bribe?
up to 10 years imprisonment and/or an unlimited fine
What are the penalties for being involved in money laundering?
maximum prison sentence of 14 years and potentially an unlimited fine
What constitutes an offence under relevant money laundering regulations?
concealing, disguising, converting, transferring, or removing criminal property
How long should you keep anti money laundering records for?
5 years
What is Professional Indemnity Insurance (PII)?
businesses against claims arising from errors, omissions, or negligence in professional services, covering legal fees and compensation costs
Can you tell me about the RICS requirements in relation to PII?
Firms to have adequate and appropriate run-off, but RICS would expect run-off to be a maintained for a minimum period of 6 years from the cessation of the practice. Run-off for commercial activity may be arranged and paid for on an annual basis.
What would you do if you received a notice of a PII claim from a client or their solicitor?
notify your insurer the moment you’re aware of a claim against you, or circumstances that could lead to such a claim
What is an annual return?
a document that registered companies must file annually with Companies House, providing basic information about the company, including directors, shareholders
Tell me what you understand about Complaints Handling Procedures (CHP).
*Publish your CHP and signpost your clients to this.
*Record all complaints in a complaints log.
*Make sure everyone who works for you understands what complaints should be logged and where.
Can you tell me about the CPD requirements for members of RICS?
APC a minimum of 48 hours of Continuing Professional Development (CPD) every 12 months, with at least 50% being formal
Why is CPD important?
learning experiences which help you develop and improve your professional practice
Tell me about the RICS’ guidance on dealing with Conflicts of Interest.
RICS Professional Standard – Conflicts of Interest. Maintain confidentiality unless required by law.
Party Conflict: Duty of RICS member/firm to act in interest of client conflicts with duty to another client
Own Interest Conflict: Duty of RICS member/firm to act in interest of client conflicts with own firm
Confidential Information Conflict: A duty to protect confidential information for one client while also having a duty to provide information
What is dual agency?
a single real estate agent or brokerage represents both the buyer and seller in the same transaction
Why is dual agency an unacceptable practice?
significant conflict of interest, potentially compromising the impartiality and best interests of either party.
How would you close a regulated firm?
*Agree the closure date (with other partners or directors if necessary).
*If the firm is insolvent, seek appropriate advice.
*Inform staff and take necessary legal steps to end their employment, or allow them to seek government support if available.
*Inform clients of the firm and seek instructions.
*Deal with client money outstanding in your client account.
What can you tell me about RICS guidance relating to bribery, corruption or money laundering?
all RICS-regulated firms must check potential customers or clients are under any relevant sanctions that prohibit establishing a business relationship with them.
What must/should firms/members do to comply with the AML guidance?
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, and ensure that these are followed
* report any activity they are aware of that breaches anti-bribery and corruption laws to the relevant authorities the activity should be recorded and, if possible, reported to a senior manager
What are the current RICS rules for registration of firms?
At least 25% of the firm’s principals must be qualified RICS professionals
Responsible Principal: Regulated firms are required to designate a person who provides oversight, accountability, and engagement with RICS standards and regulation.
CHP
Alternative Dispute Resolution (ADR)
PII
Display of Designation
Solvency: Firms must ensure their finances are managed appropriately
When must a firm register for regulation?
a)the Firm provides surveying services to the public
b)the Firm is operating in Regulated Area
c)at least 50% of the Firm’s Principals are RICS Members