EU asks for information on how Credit Ratings are used
In doing something slightly different for financial regulation matters, this post
is just a small update for those connected or interested in the credit rating
industry. The EU, on the 30th March, has published a call for
comments on the availability and use of credit rating information and related
data. As stated on the ESMA’s website, ‘the
purpose of this call for evidence is to gather information on the specific uses
of credit ratings as well as how the users of credit ratings are currently
accessing this information’. This reflects an alteration in regulatory
direction that a number of entities have been calling for – instead of just
focusing on the rating agencies and mis-regulating because of a lack of scope,
a greater focus needs to be placed on the users of credit ratings. This call
for information is the EU’s attempt to start that process. I am reminded of my
own journey in which the scholarly literature is massively negative regarding
the credit rating industry and its usefulness, but in having spoken to a number
of practitioners, there were more people than I had anticipated who found the
ratings useful in their business practices – this is, of course, not to say
that this sentiment is universally shared amongst practitioners. Yet,
regulatory speaking, this is a positive move from the EU and, arguably, should
have happened much sooner. It seems to
be a direct reaction to the phenomenon we are witnessing at the moment; a lot
of regulatory capital was expended on reducing regulatory reliance, and the use
of credit rating subsequently increased,
rather than decrease had many had expected.
The call is currently open and will remain open until the 3rd
August 2020. ESMA have stated that ‘input is welcomed from all interested
stakeholders, including users of credit ratings such as public authorities and
financial market participants, credit rating agencies, as well as distributors
of credit rating data’. The aim of the endeavour is to consider options that
will improve access to and use of credit ratings, and also whether there is
scope to improve the usability of the information provided for on rating
agencies’ websites – the sentiment to this can be seen to be somewhat of an
antithesis to the sentiment that was promoted when ending regulatory reliance
was at the forefront of global regulatory efforts.
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