Who rates the raters? Junk Investment C redit rating agencies have been thrust into the spotlight once more as the result of the recent credit downgrades of some European countries and the US. Now caught in the centre of a political and economic scandal of global proportions their future looks far from certain. A credit rating agency (CRA) is a privately owned company that assigns credit ratings to debt, effectively providing an opinion on the likelihood of it being paid back or not (a default). The three largest CRAs are Standard and Poor’s (S&P), Moody’s and Fitch. The grandfather of these, S&P, can trace its origins back to 1860 when Henry Poor published his ‘History of Railroads and Canals in the United States’. Today, hundreds of CRAs operate around the world but in order to ensure their credibility the US financial watchdog, the Securities and Exchange Commission, ruled that only those designated Nationally Recognised Statistical Rating Organisations (NRSROs) would be permitted for regulatory purposes in the US. S&P, Moody’s and Fitch were all recognised as NRSROs in 1975 and, despite the addition of seven more NRSROs in 2007, the ‘Big Three’ still dominate the marketplace today, together accounting for an estimated 95% of market share. As shown in the table (above right), ratings range from low risk debt which is termed ‘Investment Grade’ to high risk debt termed ‘Speculative’ or ‘Junk Grade’. The rating received will determine the cost of debt. S&P & Fitch Moody’s AAA Aaa AA Aa A A BBB Baa BB Ba B B CCC Caa CC Ca C C D D Lowest Risk across the line from objective to subjective decisions, and have only exacerbated the sovereign debt issue. European officials launched a scathing attack on the CRAs and publicly accused the Big Three of favouring the United States, however, it was not long before the rating agencies turned their attention to the US. On 5th August this year, S&P stripped the States of its coveted AAA status, downgrading it one notch to AA. With a renewed sense of urgency, US authorities resurrected the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was designed to have a significant impact on almost every aspect of the America’s financial services industry, hoping to hold the CRAs liable for their decisions. In addition, Europe also tightened up its regulation and launched its own watchdog, the European Security and Market Authority (ESMA). Increased governance from both sides of the Atlantic should hold CRAs more accountable for their actions, however, arguably the more power that governments have over the agencies, the more influence they may yield – a conflict of interest already exists as a result of the issuer-pay model (companies paying the CRAs for their ratings). It would seem that CRAs are destined to carry on but tighter governance and increased transparency will significantly reduce their power. In the longer term, increased competition should also dilute the Big Three’s influence. Ultimately, too much reliance was perhaps placed on the CRAs in the first place. Naive investors bought bonds based entirely on their ratings, believing that a AAA rating discharged the need for vigilance. As S&P itself states: “credit ratings are expressions of opinion about credit risk.” So, give the agencies credit at your own risk. Highest Risk The role of the CRAs has grown in importance over the years and, as the reliance on them increases, their ‘opinions’ have carried ever more weight. Historically, the CRAs have been slated for being too reactive (Lehman Brothers held a AAA rating just a month before it went bankrupt) but now the pendulum appears to have swung in the opposite direction. In early 2010, Greece, Portugal and Ireland were all downgraded to Junk status and there are rumours of more to come. CRAs argue their decision was warranted due to the risk of contagion, as fears of government defaults spread through the markets, but many believe they are straying Haig Bathgate, Chief Investment Officer e. [email protected] Catriona Livingstone,Trainee Investment Manager e. [email protected] Investment 3
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