The Internal Regulations of Conduct are developed in compliance with section 8 of the Fifth Rule of Circular 7/2010 of the Bank of Spain and with the content expressed in Circular 3/2014 of the Bank of Spain. In accordance with its contents, TECNITASA has the legal obligation to have this Internal Regulation of Conduct (RIC), by virtue of the provisions of art. 3.2 of Law 2/1981, of March 25, regulating the mortgage market.
PRINCIPLES AND OBJECTIVES
The principles on which the good practice of TECNITASA’s actions are based are conscience and professional training, dignity, integrity, loyalty, independence and confidentiality for the good of society, the company, the appraisal sector and its clients and society, in general. Likewise, the company takes as a principle the prior approval of the Administration for its activity. More in detail: Professional training and competence, understood as high professionalism and directed towards obtaining maximum rigor in the service to its clients, within the technical standards expected of them and the regulations that regulate the activity. Independence, in its meaning of integrity and objectivity, avoiding all types of conflicts of interest or resolving them prior to carrying out their work. Confidentiality in terms of guaranteeing reciprocal security between the parties, regarding the information and/or documentation obtained in the development of the activity itself, respecting, where appropriate, reserved or secret matters. Transparency understood as a clear, reliable and unequivocal manifestation of the actions that are promoted, of the hypotheses, of the development and of the results and that are verifiable before third parties. The main objective of the content of this RIC Internal Regulation of Conduct is to collaborate in the continuous improvement of the quality of the appraisals carried out by TECNITASA, reaching the optimal levels of independence at all levels of its appraisal activity. Likewise, the objective is to avoid the existence of conflicts of interest in carrying out the appraisals and to satisfactorily resolve those that may arise.
MATERIAL SCOPE
The material scope of the Internal Regulations of Conduct (RIC) is made up of all the property valuation activity carried out by the company within the scope of Art. 1 of RD 775/97, of May 30, on the regime legal approval of appraisal services and companies and all complementary standards for valuations or appraisals carried out in the regulated activity. Likewise, the company’s valuation activities that have as their objective equity actions between parties in which both parties must act with full independence are incorporated into the material scope of this regulation.
SUBJECTIVE SCOPE
The application of the contents of these regulations will be mandatory for: Members of the Board of Directors, Directors (CEO, General Director and Area Directors), Employees, Related and Non-Linked Professionals.
CONSEQUENCES AND SANCTIONS
Apart from the personal sanctions incurred for non-compliance with the requirements of this Internal Regulation of Conduct (RIC) in accordance with general legislation, these non-compliance will be sanctioned within the scope of the appraisal company, once analyzed by the Board of Directors. Administration, according to the classification received by the non-compliance: Minor, serious and very serious non-compliance. The sanctions will be material and/or disciplinary regime of the people and will be proportional to the severity and damage caused.
INTERNAL BODY THAT APPROVES THE INTERNAL REGULATION OF CONDUCT
The Internal Rules of Conduct (RIC) will be approved by the Board of Directors of TECNITASA, at the proposal of the General Director. The corresponding modifications will have the same approval process.
INCOMPATIBILITIES
There is a regime of incompatibilities for the different people who participate in the valuation process, in accordance with articles 6 and 13 of Royal Decree 775/1997, of May 30, on the legal regime for the approval of services and companies. appraisal. Company registered in the Registry of Entities specialized in appraisal of the Bank of Spain with number 4315 Registered in the Mercantile Registry of Madrid, Sheet M-48105, Volume 2719, Folio 192, C.I.F. A78116324 Avda. de Europa 26 – 2nd Floor – Ática Building nº5 – Pozuelo de Alarcón – Madrid www.tecnitasa.es – 902 06 05 04 Page 15 Additionally, the following complementary incompatibilities will be taken into consideration.
- < li>Directors with executive functions will be prevented from maintaining a professional or employment relationship with the natural or legal persons of the TECNITASA Influence Group or with the companies of the TECNITASA Economic Group to which valuation services are provided and are directly related to credit activity or real estate promotion.
- The Head of the Appraisal Service (RST) will remain completely independent of the members of the purchasing or commercial Units of the entities. Likewise, the appraisal service will be separated from TECNITASA’s commercial or operational services. The decisions of the Head of the RST Appraisal Service will be autonomous in their appraisal activity and will avoid conflicts of interest.
- On the part of the professional appraisers there will be no direct dealings with the employees or directors of the economic group. or the influence group of units related to the granting or marketing of mortgage loans, except those with competence in risk analysis or management.
TECHNICAL CRITERIA OF THE APPRAISAL ACTIVITY
The actions of TECNITASA in its appraisal activity, through its Appraisal Service, will be governed exclusively by technical criteria.
NON-ACCEPTANCE OF PRESSURE OR GUIDELINES
TECNITASA, its Appraisal Service and its professional appraisers will not accept guidelines, instructions, recommendations, pressure or relevant information in relation to the activity and result of the appraisal. Especially those that come from directors or employees of the economic group or the influence group, in relation to the appraisal activity and its result. Relevant information will be considered to be information relating to the amount of the loan requested and the price of the property to be appraised, if it could guide the result of the valuation.
SECRECY OBLIGATIONS
In accordance with art 11, of RD 775/97, of May 30, the natural and legal persons of TECNITASA will be especially subject to compliance with the duties of professional secrecy. By virtue of this, they may not reveal to third parties other than their clients:
a) The information that has been entrusted to them as a result of the valuation request.
b) The information that refer to the personal or economic circumstances regarding the use or exploitation to which the object of the valuation is dedicated.
c) The result of the valuation. The administrators, directors and similar of TECNITASA, the professionals who carry out valuation activities for it, as well as the rest of the contracted personnel, may not use for their own benefit or reveal to third parties the information they know as a result of the exercise of their activity as appraisers This limitation will be extended to those people who collaborate in the development of appraisal work in relation to the content of the work in which they participate.
CODE OF CONDUCT
The Code of Rules of Conduct includes those rules and measures that regulate the relationships of professional appraisers and TECNITASA with clients, in order to prevent conflicts of interest. These are, among others: Offers of gifts that may compromise independence with clients may not be made. No direct communication will be maintained by professional appraisers regarding the value of the property to be appraised. They will avoid working for a client with whom they have a financial relationship, such as granting a mortgage loan. It will manage possible conflicts of interest with the explicit approval of the immediately superior body of the credit institution and with the Head of the Appraisal Service (RST). As far as possible, it will avoid revaluating an asset for a new transaction without at least one purchase and sale operation having taken place between the two. It will manage the possible conflict of interest through the express authorization of both parties. You will require express authorization from the Head of the Appraisal Service (RST) to carry out work for a client with whom you have had a relevant relationship in the field of valuation or other personal professional activities such as actions before courts as an expert or projects or optional direction of building construction. It will not carry out valuations of properties under construction in which it has carried out the project, directed the execution or participated in other types of functions in its construction. It will explain those situations of friendship or close relationship with a client that may generate a conflict of interest. The Head of the Valuation Service (RST) will authorize, where appropriate, in a reasoned manner, the participation of the professional in the appraisal work. The valuation work of the same property cannot be carried out, in a situation of several claimants, for more than one of them, simultaneously. Company registered in the Registry of Entities specialized in appraisal of the Bank of Spain with number 4315 Registered in the Mercantile Registry of Madrid, Sheet M-48105, Volume 2719, Folio 192, C.I.F. A78116324 Avda. de Europa 26 – 2nd Floor – Ática Building nº5 – Pozuelo de Alarcón – Madrid www.tecnitasa.es – 902 06 05 04 Page 16 Gifts or presents cannot be accepted from clients that may compromise their independence in the carrying out their jobs. Extraordinary gifts will be rejected and those of greater value must be communicated and accepted by the Head of the Appraisal Service. Consideration will be given to whether the gift is made to a large group or is made in proximity to a particular job. Invitations of any kind must be considered with similar criteria, taking into account the possibility of refusal on the spot. Any situation that may give rise to a conflict of interest not included in these Rules must be expressly reported to and resolved by the Head of the Appraisal Service or, as the case may be, the Board of Directors.
OTHER CONTENTS
Price of appraisals for Economic Group or Influence Group
The prices of the appraisals that TECNITASA carries out for the natural and legal persons of the Economic Group and Influence Group will be set taking into consideration the same criteria of market competitiveness and relationship of production costs and quality as with the rest of the companies. clients, within the framework of a specific relationship with each one.
The prices of the appraisals that TECNITASA carries out for the natural and legal persons of the Economic Group and Influence Group will be set taking into consideration the same criteria of market competitiveness and relationship of production costs and quality as with the rest of the companies. clients, within the framework of a specific relationship with each one.
In cases where there are no specialised professionals or appropriate technical means, or where the company has no recent experience in the type of valuation and in the similar market, assignments should be declined. The Appraisal Service will manage the forms of collaboration between the company’s professionals. 13. OTHER CONTENTS h) Compliance with the ICC. (SECTION 14 h CIRCULAR 3/2014). Compliance with these regulations will be monitored and supervised by the Head of the Appraisal Service (HAS), the CEO and the Board of Directors. The key element will be the report of the Head of the Appraisal Service to be submitted periodically to the Board of Directors. It will be based on regular meetings, for this purpose, of the Legal Department, the Technical Department and the Head of the Appraisal Service, with the attendance, where appropriate, of a person delegated by the Board of Directors. Its content will be approved by the Board of Directors.
