Credit Rating Over-reliance in Asset Management PDF Download
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Author: Marius Müller
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783756013357
Category : Law
Languages : en
Pages : 0
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Book Description
The 2008 financial crisis brought the far-reaching influence of credit ratings on capital markets into focus and confirmed doubts about the quality of ratings published by rat-ing agencies. In the context of regulatory efforts to limit the influence of ratings, Marius Muller addresses the question to what extent investment funds are obliged to sell bonds that no longer comply with investment guidelines following a rating downgrade. Results of a statistical analysis of 200 European and U.S. fund prospectuses are evaluated in the light of regulatory objectives. Subsequently, a structural proposal for the formulation of investment guidelines is developed, accounting for the protection of investor interests and market functioning.
Author: Marius Müller
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783756013357
Category : Law
Languages : en
Pages : 0
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Book Description
The 2008 financial crisis brought the far-reaching influence of credit ratings on capital markets into focus and confirmed doubts about the quality of ratings published by rat-ing agencies. In the context of regulatory efforts to limit the influence of ratings, Marius Muller addresses the question to what extent investment funds are obliged to sell bonds that no longer comply with investment guidelines following a rating downgrade. Results of a statistical analysis of 200 European and U.S. fund prospectuses are evaluated in the light of regulatory objectives. Subsequently, a structural proposal for the formulation of investment guidelines is developed, accounting for the protection of investor interests and market functioning.
Author: Francesco De Pascalis
Publisher: BRILL
ISBN: 9004341854
Category : Business & Economics
Languages : en
Pages : 245
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Book Description
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: Ramin Baghai-Wadji
Publisher:
ISBN:
Category : Credit ratings
Languages : en
Pages : 49
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Book Description
Investment mandates are fundamental to the delegation of asset management. Mandates of fixed income mutual funds often use credit ratings to demarcate the investable universe. We examine changes in the use of credit ratings in these mandates since the financial crisis. The use of ratings in mandates has increased from an already high level before the crisis. Fixed income markets' extensive and continued reliance on credit ratings points to a lack of practically useful alternatives.
Author: Bianca Mostacatto
Publisher:
ISBN:
Category :
Languages : en
Pages : 59
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Book Description
Credit ratings agencies play an important role in the world-wide capital markets and, willingly or not, influence rather significantly the destinies of private and public financial players and their issues. Credit rating agencies invoke reputation as their most valuable asset and as guarantee for their independence and honesty in the intermediation of financial information. Yet the accuracy and honesty of credit ratings have been, nonetheless, questioned at numerous times, and the lack thereof was pointed as one of the causes of recent crises affecting the global financial system. Using legal and economic analysis, this article demonstrates how reputation works in the credit rating business to encourage rating accuracy and how governmental actions - mainly by the massive use of ratings in laws and regulations - were responsible for rendering the reputational mechanism ineffective. Considering the factors which influence the trade-off faced by rating agencies, the movements towards regulation and oversight of these entities in the U.S. and in the EU are comparatively analyzed. The paper concludes that restoring the strength of the reputation mechanism, notably by eliminating regulatory reliance on ratings and rating safe-harbors, is the only effective measure to ensure rating accuracy - as well as the only measure really consistent with the public goals of increasing competition in the informational business, fostering innovation and better risk management by investors, improving accountability in capital markets and ensuring that investors are encouraged to rely on ratings only when ratings are deemed reliable. It then argues that, even though regulation and oversight of rating agencies might have been unavoidable at this point in time, deregulation of the rating business, once regulatory reliance is eliminated, is also indispensable to secure the aforementioned goals.
Author: Aline Darbellay,
Publisher: Edward Elgar Publishing
ISBN: 085793936X
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
øŠAline Darbellay analyzes the obvious system relevance of credit rating agencies in depth and assesses the possible options for regulatory responses to this systemic issue. Thereby, the book is based on a fruitful comparative legal approach and formul
Author: Mohammed Hemraj
Publisher: Springer
ISBN: 3319179276
Category : Law
Languages : en
Pages : 291
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Book Description
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: Luc Nijs
Publisher: Springer Nature
ISBN: 3030347435
Category : Business & Economics
Languages : en
Pages : 822
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Book Description
This global handbook provides an up-to-date and comprehensive overview of shadow banking, or market-based finance as it has been recently coined. Engaging in financial intermediary services outside of normal regulatory parameters, the shadow banking sector was arguably a critical factor in causing the 2007-2009 financial crisis. This volume focuses specifically on shadow banking activities, risk, policy and regulatory issues. It evaluates the nexus between policy design and regulatory output around the world, paying attention to the concept of risk in all its dimensions—the legal, financial, market, economic and monetary perspectives. Particular attention is given to spillover risk, contagion risk and systemic risk and their positioning and relevance in shadow banking activities. Newly introduced and incoming policies are evaluated in detail, as well as how risk is managed, observed and assessed, and how new regulation can potentially create new sources of risk. Volume I concludes with analysis of what will and still needs to happen in the event of another crisis. Proposing innovative suggestions for improvement, including a novel Pigovian tax to tame financial and systemic risks, this handbook is a must-read for professionals and policy-makers within the banking sector, as well as those researching economics and finance.
Author: Bradley Jones
Publisher: International Monetary Fund
ISBN: 1484342003
Category : Business & Economics
Languages : en
Pages : 30
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Book Description
Motivated by the tension first revealed during the global financial crisis between the domestic and international financial stability obligations of central bank reserve managers, this paper offers some reflections along four main lines. First, the paper highlights how official reserve management has evolved to mirror important aspects of private institutional investor behavior over time, and addresses the policy relevance of this convergence. Second, evidence is documented of procyclical portfolio behavior by reserve managers during the crisis, which added to the stabilization burden shouldered by central banks in reserve currency-issuing countries. Third, in appraising the evolution of related vulnerabilities since the crisis, the paper finds grounds for both cautious optimism and lingering concern, the balance of which points to an uncertain future resolution. Fourth, some potential remedies are presented to help dampen the procyclical impulses of reserve managers in future periods of international financial turbulence.
Author: Great Britain. Treasury
Publisher: The Stationery Office
ISBN: 9780101743624
Category : Business & Economics
Languages : en
Pages : 172
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Book Description
This is a further consultation paper on financial stability and depositor protection in the UK (Cm.7436, ISBN 9780101743624), and follows on from an earlier consultation document published in January (Cm. 7308, ISBN 9780101730822). The Command Paper published in January summarised the actions being taken by the Treasury, the Financial Services Authority and the Bank of England in response to the disruption being experienced in the global financial markets. Five key objectives were set out: (1) Stregthening the stability and reliance of the financial system; (2) Reducing the likelihood of individual banks facing difficulties; (3) Reducing the impact, when banks do experience difficulties; (4) Providing effective compensation arrangements; (5) Strengthening the Bank of England. A full summary of the proposals to meet the above objectives is set out in the first chapter of this follow-up consultation, with the remainder of the document examining the January proposals in detail.
Author: Raquel García Alcubilla
Publisher: OUP Oxford
ISBN: 0191640999
Category : Business & Economics
Languages : en
Pages : 320
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Book Description
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.
