Page 215 - DCOM304_INDIAN_FINANCIAL_SYSTEM
P. 215

Indian Financial System




                    Notes          10.1.11 Rating Process

                                   1.  Every credit rating agency has to:
                                       (i)  specify the rating process;
                                       (ii)  file a  copy  of  the same  with  the  Board for record;  and  file  with  the  Board  any
                                            modifications or additions made therein from time to time.
                                   2.  Every credit rating agency shall, in all cases, follow a proper rating process.
                                   3.  Every credit rating agency shall have professional rating committees, comprising  members
                                       who are adequately qualified and knowledgeable to assign a rating.
                                   4.  All rating decisions, including the decisions regarding changes in rating, are taken by the
                                       rating  committee.

                                   5.  Every credit rating agency has  to be  staffed by  analysts qualified  to carry  out a rating
                                       assignment.
                                   6.  Every  credit rating  agency has  to inform  the  Board  about new  rating  instruments  or
                                       symbols introduced by it.
                                   7.  Every credit rating agency, has to, while rating a security, exercise due diligence in order
                                       to ensure that the rating given by the credit rating agency is fair and appropriate.
                                   8.  A credit rating agency cannot rate securities issued by it.
                                   9.  Rating definition, as well as the structure for a particular rating product, cannot be changed
                                       by a credit rating agency, without prior information to the Board.
                                   10.  A  credit rating  agency has  to  disclose  to  the concerned stock  exchange through  press
                                       release and websites for general investors, the rating assigned to the securities of a client,
                                       after periodic review, including changes in rating, if any.

                                   10.1.12 Restriction on Rating of Securities Issued by Promoters or by
                                          Certain Other Persons


                                   Definitions

                                   In this unit, unless the context otherwise requires:
                                   1.  "associate" , in relation to a promoter, includes a body corporate in which the promoter
                                       holds ten percent or more, of the share capital;

                                   2.  "promoter" means a  person who  holds ten  percent or  more, of the shares of the credit
                                       rating agency.

                                   Securities Issued by Promoter

                                   1.  No credit rating agency can rate a security issued by its promoter.
                                   2.  In case promoter is a lending institution, its Chairman, director or employee cannot be a
                                       Chairman, director or employee of credit rating agency or its rating committee.
                                   3.  Securities issued by certain entities, connected with a promoter, or rating agency not to be
                                       rated:
                                       (a)  No credit rating agency can, rate a security issued by an entity, which is:




          210                               LOVELY PROFESSIONAL UNIVERSITY
   210   211   212   213   214   215   216   217   218   219   220