Sebi to tighten disclosure rules for credit rating agencies

To safeguard investors' interest, capital markets regulator Securities and Exchange Board of India (Sebi) might soon ask credit rating agencies (CRAs) to make greater disclosure about suspension and subsequent withdrawal of ratings, and periodic review of the criteria used for ratings.

The move follows Amtek Auto's default on its loan repayment to JP Morgan Asset Management and the increasing number of defaults triggered by some recent, drastic downgrades by rating agencies.

CRISIL, ICRA and CARE are some of the major CRAs that assign credit ratings for issuers of debt instruments.

"Sebi is in the final stages of formulating new disclosure regulations on credit rating agencies, and might soon come out with revised rules," said a Sebi official, on condition of anonymity.

"Rating agencies should be made more responsible and accountable. It is noticed that there is a lack of proper disclosures and conflict of interest between rating agencies and issuer companies," he added.

Sebi wants disclosure of all ratings assigned by CRAs, even in case of non-public issues. It aims to bring transparency between the issuer and the CRA.

The regulator might mandate CRAs to make public the criteria used for rating and it should be reflected in their press releases. There would be a periodic review of the criteria used for rating and public disclosure of the periodicity of reviews.

At present, CRAs make limited disclosures as prescribed under Sebi's credit ratings regulations. For ratings assigned and their periodic reviews, CRAs have to issue press releases which must be put on their websites as well.

The regulator noticed the disclosures made by rating agencies were limited. "If a rating agency can give reasons for an upgrade or downgrade, it should explain the reason of suspension," said the official.

"There can be two situations. One, where the company has misled the rating agency by giving wrong information, the rating is bound to be impacted. Second, in case of negligence or non-compliance with the disclosure norms, enforcement action would be taken against them," said Sandeep Parekh, founder of Finsec Law Advisors.

The final draft in this regard will be released after taking into account the suggestions made by an experts committee, comprising members from credit rating agencies and an international advisory board.

It is learnt the committee had given the report in April, after reviewing the functioning of rating agencies. Sources said the committee had suggested Sebi, provide a format of the press release regarding suspension to ensure uniformity across various CRAs.

A proper mechanism is also required to check the accountability of CRAs, the rating committee and its members. Although checks and balances are there in the provisions, it has to be clearly defined in the rating manual of CRAs, said a source.

In another development, Sebi has set up a task force to review risk management norms for exchanges, which include equity exchanges. The regulator will also issue risk management norms for intermediaries or brokers aimed at, among other things, protecting the collateral of clients maintained with brokers. Sebi is also finalising risk-based supervision.

To ensure the speedy redressal of complaints by end clients, Sebi will focus on improving the arbitration mechanism. Sebi has appointed arbitrators in eight cities, which will be doubled to 16 cities this financial year.

Sebi is also planning a review of disclosure norms and stock exchanges will be held responsible for monitoring compliance and disclosures by listed companies.

Sebi has also acknowledged there is scope for simplifying compliance norms for companies and it is considering a mechanism for system-based compliance and monitoring of disclosures.

Business Standard New Delhi, 30th May 2016

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