ARTICLE
10 February 2017

European Supervisory Authorities Publish Good Practices to Reduce Mechanistic Reliance on Credit Ratings

AO
A&O Shearman

Contributor

A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
On December 20, 2016, the Joint Committee of the ESAs published a final Report containing Good Supervisory Practices for reducing sole and mechanistic reliance on credit ratings
European Union Finance and Banking
A&O Shearman are most popular:
  • within Law Department Performance, Insolvency/Bankruptcy/Re-Structuring and Consumer Protection topic(s)
  • with readers working within the Retail & Leisure industries

On December 20, 2016, the Joint Committee of the ESAs published a final Report containing Good Supervisory Practices for reducing sole and mechanistic reliance on credit ratings. The purpose of the Report is to reduce the sole and mechanistic reliance on credit ratings, in accordance with requirements set out in legislation such as the Credit Rating Agencies Regulation, and to ensure a level of cross-sectoral consistency in the implementation of certain elements of the CRR. The ESAs have produced the report to assist regulators supervising entities such as banks, investment firms, insurance and reinsurance undertakings and investment companies. In particular, the Report seeks to clarify regulators' responsibilities for monitoring the adequacy of their supervised entities' credit risk assessment processes, assessing the use of contractual references to credit ratings and encouraging them to mitigate the impact of any such references. The Report provides an overview of how regulators may approach their supervisory responsibilities under the CRA legislative package.

The Report contains two sets of common good practices. In the first, the ESAs propose a general framework for the monitoring of the use of credit ratings and the treatment of references to credit ratings in credit assessments. They also suggest potential alternatives or complementary measures to ratings and also how to address issues of proportionality arising from the varying scale and complexity of supervised entities. In the second set, there are specific practices to establish a common approach for supervision of how credit ratings are used across specific business processes, in particular, where credit ratings are most in danger of being used in a mechanistic way.

 The Report is available at: https://esas-joint-committee.europa.eu/Publications/Reports/ JC%202016%2071%20Final%20Report%20Good%20Supervisory%20Practices%20for %20Reducing%20Mechanistic%20Reliance%20on%20Credit%20Ratings.pdf.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More