|
SEC to review role of major credit rating agencies |
|
|
Friday, 07 September 2007 |
U.S. regulators said Friday they are reviewing the role that
credit-rating agencies played in the mortgage market debacle for people
with weak credit.
Critics of the three biggest ratings agencies - Standard &
Poor's, Moody's Investors Service and Fitch Ratings - say they failed
to give investors adequate warning of the risk posed by mortgage
securities. The agencies were also vulnerable to conflicts of
interest because they are paid by the companies whose bonds they rate,
critics charge. Similar questions have arisen about the role
played by ratings of asset-backed commercial paper, or short-term
corporate loans, provided by DBRS, the only agency in Canada to rate
that type of debt. Although ABCP was considered safe, a number of
non-bank issuers were unable to roll over billions of dollars of the
notes as questions arose about whether some of the commercial paper was
backed by U.S. subprime mortgages. "The SEC is reviewing the role
of ratings agencies in general in this market," said Mary Keogh, DBRS's
managing director for policy and regulatory affairs, based in Toronto.
"We have not been contacted for a particular discussion in this area. "Note
that the SEC is also reviewing the applications of the current NRSROs
(nationally recognized statistical rating organizations) for
registration under the new NRSRO rules, as it planned." A Moody's
spokesman said the company will "fully assist" regulators in their
examinations. A Fitch spokesman said in an e-mail that the company is
co-operating with inquiries from regulators, including a subpoena from
New York Attorney General Andrew Cuomo. S&P, which also
received a Cuomo subpoena, is "looking forward to discussing the role
of ratings agencies and how we contribute to a healthy capital market,"
spokesman Chris Atkins said. SEC spokesman John Nester said the
review will include whether rating agencies give advice to issuers of
mortgage debt and mortgage originators, any conflicts of interest and
the meanings of ratings. The credit-rating agencies, whose
ratings are used by investors to gauge the riskiness or safety of
mortgage-backed bonds and other forms of debt, have been subject to SEC
supervision since last year. In testimony before Congress, op-ed
columns in newspapers and elsewhere, the agencies defend their track
record of analyzing the mortgage market in recent years and say they
have adequate protections against conflicts of interest. In
written testimony submitted Wednesday to a House of Representatives
committee for a hearing on the housing market's woes, Erik Sirri, the
SEC's director of market regulation, said the commission is studying
whether to require disclosure of other types of performance statistics
for bonds rated by the agencies - apart from historical data on default
rates and downgrades. In recent weeks, House and Senate lawmakers
have said they plan to examine what role the three main credit-rating
agencies played in the housing market downturn. The agencies are
also under scrutiny in Europe, where investors who got slammed by
unexpected defaults in securities backed by U.S. home loans, are
particularly upset. European securities regulators say they plan their
own examination of the credit-rating agencies.
|
|
|