Regulatory Evolution Of The Eu Credit Rating Agency Framework
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| Author | : Tim Wittenberg |
| Publisher | : |
| Total Pages | : 1 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
The recent financial crisis has triggered considerable concerns about the activities of credit rating agencies (CRAs), which has led to a shift away from self-regulation based on voluntary compliance with the IOSCO Code to the implementation of a regulatory framework at EU level under the supervision of the European Securities and Markets Authority. Against the background of the role CRAs play in the financial market system and how they have failed to fulfil their intermediary function, this paper examines the main weaknesses attributed to the operation of CRAs before and during the financial crisis and assesses the EU's regulatory response to these weaknesses. As the paper will elucidate, many of the major concerns identified have been addressed following consecutive regulatory amendments, albeit to differing degrees and levels of satisfaction, which in the future will require redress and further improvements to be implemented, including, but not limited to, the issuer-pays model, over-reliance on ratings, ratings shopping and private enforcement.
| Author | : Andrea Miglionico |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 360 |
| Release | : 2019 |
| Genre | : LAW |
| ISBN | : 1786439948 |
The global crisis revealed that credit rating agencies (CRAs) are capable of bringing about potential distortions in the financial sector, thereby resulting in a reduction in market confidence which, in turn, influences negotiations and expectations. CRAs need to be held accountable for lack of transparency and inaccurate ratings, however the existing regulatory framework does not secure adequate investor protection. This book provides a new and important contribution to research in the area, at a crucial time in the debate around financial regulation and investment regimes.
| Author | : Raquel García Alcubilla |
| Publisher | : OUP Oxford |
| Total Pages | : 320 |
| Release | : 2012-03-29 |
| Genre | : Business & Economics |
| ISBN | : 0191640999 |
Credit rating agencies have been criticized for their role in the financial crisis by understating credit risk. The US subprime mortgage crisis highlighted the systemic relevance of the rating agencies and the deficiencies in their activities; this led to an international consensus to regulate the rating business. Written by those involved in developing European Legislation, this book explains EU Regulation in the context of global initiatives undertaken by the G-20, the Financial Stability Board, and IOSCO to address failures within the rating industry. Through an in-depth analysis of the EU Regulation's requirements on governance, conflicts of interest, methodologies, and transparency, the book provides a clear explanation of how rating agencies operate and how the identified failures have been addressed. Moreover, it examines the supervisory and enforcement powers of ESMA, the EU authority in charge of the registration and oversight of rating agencies. This is complemented with an analysis of guidance from supervisors (ESMA and EBA), IOSCO's recommendations, and US legislation. The book discusses possible new regulatory developments in areas such as the agencies' business model, competition, civil liability, and ratings of sovereign debt, in light of the Euro debt sovereign crisis. It concludes with the authors' support for an enhanced regulatory and oversight coordination at international level and for the implementation of the necessary steps to reduce the existing over-reliance on ratings.
| Author | : Mohammed Hemraj |
| Publisher | : Springer |
| Total Pages | : 291 |
| Release | : 2015-06-22 |
| Genre | : Law |
| ISBN | : 3319179276 |
The book examines the role of credit rating agencies (CRAs) in the subprime mortgage crisis. The CRAs are blamed for awarding risky securities ‘3-A’ investment grade status and then failing to downgrade them quickly enough when circumstances changed, which led to investors suffering substantial losses. The causes identified by the regulators for the gatekeeper failure were conflicts of interest (as the issuers of these securities pay for the ratings); lack of competition (as the Big Three CRAs have dominated the market share); and lack of regulation for CRAs. The book examines how the regulators, both in the US and EU, have sought to address these problems by introducing soft law self-regulation in accordance with the International Organisation of Securities Commissions Code and hard law statutory regulation, such as that found in the “Reform Act” and “Dodd-Frank Act” in the US and similar provisions in the EU. The highly topical book examines these provisions in detail by using a doctrinal black-letter law method to assess the success of the regulators in redressing the problems identified. It also examines the US case law regulation relating to the legal liability of CRAs. The book examines whether the regulations introduced have had a deterrent effect on the actions of CRAs, whether investors are compensated for their losses, and how the regulators have dealt with the issues of conflicts of interest and an anti-competitive environment. Should liability be introduced for CRAs through changes in the law so as to compel them to issue reliable ratings and solve the current problems? The book seeks to simplify the complex issues involved and is backed by concrete evidence; as such, it will appeal to both the well-informed and the lay general public who are interested in learning more about the role of CRAs in the sub-prime mortgage crisis and regulators’ attempts to remedy the situation. Novice readers can familiarise themselves with the legal and financial terminology used by referring to the glossary at the end of the book.
| Author | : Aline Darbellay |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Credit bureaus |
| ISBN | : 9780857939357 |
This highly topical book examines how the leading credit rating agencies - Moody's, Standard & Poor's and Fitch - have risen to prominence in the wake of the financial crisis. It investigates how the Big Three have become ever more profitable even though the quality of their ratings has declined and rating scandals have tarnished their reputation. After a century of being left quasi-unregulated the rating industry is now subject to sweeping reforms. This informative study analyzes the post-crisis overhaul in the United States and the European Union. The focus lies on the interactions between regulatory intervention and competitive incentives among the Big Three. This book highlights the challenges faced by policymakers trying to regulate the rating industry and simultaneously decrease over-reliance on ratings. Regulating Credit Rating Agencies will appeal to academics in law and economics, practitioners, policymakers, lawmakers and regulators. Contents Foreword Part I: Prelude to the Credit Rating Industry 1. Introduction 2. History of Credit Rating Agencies 3. Description of the Credit Rating Industry Part II: Regulatory Structure 4. Rating-based Regulations 5. Regulatory Treatment of Credit Rating Agencies 6. Regulatory Trends Part III: Uses and Abuses of Credit Ratings in Structured Finance 7. Growth of the Structured Finance Segment 8. Wrong Incentives in the Credit Rating Industry 9. Regulatory Response to the Problems of Structured Finance Ratings Part IV: System-wide Effects of Credit Rating Downgrades 10. System-relevance of Credit Ratings 11. Market Reactions to Credit Rating Downgrades and their Consequences 12. Regulatory Response to the Systemic Issue Part V: Trends and Outlook 13. Restoring Competition in the Credit Rating Industry 14. Concluding Remarks Bibliography Index
| Author | : |
| Publisher | : |
| Total Pages | : 76 |
| Release | : 2015 |
| Genre | : Credit bureaus |
| ISBN | : |
"The 2008 financial crisis focused attention on the credit rating agencies and their impact on financial markets. At the time, there was very little regulation of the agencies in Europe. In 2011, the European Securities and Markets Authority (ESMA) was created to register, monitor and supervise them. This report examines whether ESMA has successfully established itself as the credit rating agencies watchdog for the EU. We conclude that while ESMA has laid down good foundations, its rules and guidelines are not yet complete and significant risks remain to be addressed in the future."--Publisher's description.
| Author | : Francesco De Pascalis |
| Publisher | : BRILL |
| Total Pages | : 245 |
| Release | : 2017-07-03 |
| Genre | : Business & Economics |
| ISBN | : 9004341854 |
Taking position from the recent 2007-2009 financial crisis, Credit Ratings and Market Over-reliance: An International Legal Analysis by Francesco De Pascalis provides an in depth legal and regulatory analysis of the concept of over-reliance in the use of ratings and how regulation facilitates over-reliance is different from mere reliance on credit ratings. Not only does the book provide an incisive doctrinal analysis of the concept of over-reliance, it also considers over-reliance from a comparative and international perspective by reviewing legal and regulatory developments under European Union and US law and how over-reliance has been addressed in international financial regulation.
| Author | : elisabetta conte |
| Publisher | : |
| Total Pages | : 32 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
Credit Rating Agencies (CRAs) have been a market entity relatively neglected by regulators and commenters, despite the increasing importance they have had in the 20th century financial markets development. Different legal system as United States of America and European Union have both recently issued an accurate regulation, that require the agencies the compliance with some organizational and reputational requirements in order to provide rating services. Moreover, almost in the same period Basel II Accord was issued, which attributed at a supernational level a crucial role to CRAs in assessing banks assets. In this article we firstly explain the most important features of the current American and EU regulations, then we examine also the relevant innovations of those new rules that have been proposed in both systems in response of the ongoing financial crisis. Finally we examine Basel II accord provisions concerning the recognition of rating agencies as External Credit Assessment Institution and the activities they are involved in under such accord provisions. The purpose of our analysis is firstly to provide a brief overview on the three main set of rules regarding credit rating agencies presently in force across financial markets, second to emphasize how all of them are equally able to raise the same issues concerning the access to credit rating market and some abusive practices involving the agencies themselves, third to evaluate whether the response that both American and European legislators intend to provide to financial crisis could someway also improve the identified CRAs weaknesses.
| Author | : Gianluca Mattarocci |
| Publisher | : Academic Press |
| Total Pages | : 200 |
| Release | : 2013-10-22 |
| Genre | : Business & Economics |
| ISBN | : 012404736X |
The Independence of Credit Rating Agencies focuses on the institutional and regulatory dynamics of these agencies, asking whether their business models give them enough independence to make viable judgments without risking their own profitability. Few have closely examined the analytical methods of credit rating agencies, even though their decisions can move markets, open or close the doors to capital, and bring down governments. The 2008 financial crisis highlighted their importance and their shortcomings, especially when they misjudged the structured financial products that precipitated the collapse of Bear Stearns and other companies. This book examines the roles played by rating agencies during the financial crisis, illuminating the differences between U.S. and European rating markets, and also considers subjects such as the history of rating agencies and the roles played by smaller agencies to present a well-rounded portrait. Reports on one of the key causes of the 2008 financial crisis: agencies that failed to understand how to analyze financial products Describes inherent business model and pricing conflicts that compromise the independence of credit rating agencies Reveals how rating agencies large and small, regulatory bodies, and vested interests interact in setting fees and policies
| Author | : Richard M. Levich |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 380 |
| Release | : 2012-12-06 |
| Genre | : Business & Economics |
| ISBN | : 1461509998 |
Ratings, Rating Agencies and the Global Financial System brings together the research of economists at New York University and the University of Maryland, along with those from the private sector, government bodies, and other universities. The first section of the volume focuses on the historical origins of the credit rating business and its present day industrial organization structure. The second section presents several empirical studies crafted largely around individual firm-level or bank-level data. These studies examine (a) the relationship between ratings and the default and recovery experience of corporate borrowers, (b) the comparability of credit ratings made by domestic and foreign rating agencies, and (c) the usefulness of financial market indicators for rating banks, among other topics. In the third section, the record of sovereign credit ratings in predicting financial crises and the reaction of financial markets to changes in credit ratings is examined. The final section of the volume emphasizes policy issues now facing regulators and credit rating agencies.
