Sebi tightens disclosures requirements for credit rating agencies

The Securities and Exchange Board of India (Sebi) on August 26 enhanced disclosure rules for credit rating agencies (CRAs) and put in place a framework for rating withdrawal of perpetual debt securities.

Key highlights

  • The SEBI has tweaked the framework around ‘sharp rating actions’ and also fine-tuned the policy for dealing with non-cooperating issuers for credit rating agencies (CRAs).
  • The move is aimed at allowing investors and other stakeholders to properly use such disclosures in a fair assessment of CRAs.
  • The new framework will be applicable to credit ratings of securities that are already listed or proposed to be listed on a stock exchange.
  • In order to standardise the methodology pertaining to disclosure of a ‘sharp rating action’, Sebi said CRAs will have to compare two consecutive rating actions.
  • The move comes following instances of sharp rating actions in cases such as Amtek Auto and IL&FS, which had rattled investors. For instance, in 2018, the rating assigned to the debentures issued by IL&FS went from ‘AAA’ to ‘D’ in less than six months.
  • CRAs should follow a uniform practice of three consecutive months of non-submission of no-default statement (NDS) (or inability to validate timely debt servicing through other sources) as a ground for considering migrating the ratings to issuers not cooperating.

What is Sharp rating action?

  • Sharp rating action is when the credit rating of an issuer gets downgraded in a very short time period. This often leaves investors in the dark or provides them with little time to react.
  • Non-cooperating issuers are those who drag their feet when it comes to providing adequate and timely information to rating agencies. This makes it challenging to assess and monitor their rating.
  • Sharp rating action is seen in case of companies with deteriorating financials.

What is a debenture?

  • A debenture is a type of debt instrument that is not backed by any collateral and usually has a term greater than 10 years.
  • Debentures are backed only by the creditworthiness and reputation of the issuer.
  • Both corporations and governments frequently issue debentures to raise capital or funds. Some debentures can convert to equity shares while others cannot.

What are Perpetual bonds?

  • Perpetual bonds are fund-raising instruments that do not carry any maturity date as bonds usually do. Instead, they offer to pay their buyers a coupon or interest at a fixed date for perpetuity.
  • While a variety of entities may issue perpetual bonds, the most common ones in India are issued by banks to meet their Basel III capital norms and are called Additional Tier 1 or AT-1 bonds.
  • In the case of bank AT-1 bonds, banks can write off the principal in addition to not paying interest if they run short of capital or face bankruptcy.
  • For an investor, this feature and the eternal nature of these bonds add to the risk; but they usually fetch higher yields than other debt instruments.

What is a credit rating agency (CRA) ?

  • A credit rating agency (CRA) evaluates and assesses an individual’s or a company’s creditworthiness. That is, these agencies consider a debtor’s income and credit lines to analyse the debtor’s ability to repay the debt or if there is any credit risk associated.
  • Securities and Exchange Board of India (SEBI) reserves the right to authorise and regulate credit rating agencies according to SEBI Regulations, 1999 of the SEBI Act, 1992.
  • SEBI registered credit rating agencies in India are: CRISIL Limited, India Ratings and Research Pvt Ltd, ICRA Limited, CARE, Brickwork Ratings India Pvt Ltd, SMERA Ratings Limited, Infometrics Valuation and Rating Pvt Ltd.

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