๐๐ฏ๐๐ซ๐ฏ๐ข๐๐ฐ:
SEBI has released a consultation paper proposing to amend the SEBI (Credit Rating Agencies) Regulations, 1999, to permit Credit Rating Agencies (CRAs) to rate financial instruments even if these fall under the domain of other Financial Sector Regulators (FSRs) that have not issued any rating guidelines.
๐๐ก๐ฒ ๐ญ๐ก๐ข๐ฌ ๐ฉ๐ซ๐จ๐ฉ๐จ๐ฌ๐๐ฅ?
Presently, CRAs can rate:
โข Securities listed or proposed to be listed on SEBI-recognised exchanges.
โข Instruments under the guidelines of other FSRs.
However, SEBI has received industry feedback highlighting the need for CRAs to also rate instruments under other FSRs even where no rating-specific guidelines exist, such as unlisted securities. This move is expected to create operational synergies, expand market depth, and fill a regulatory gap.
๐๐๐ฒ ๐ฉ๐ซ๐จ๐ฉ๐จ๐ฌ๐๐ฅ๐ฌ ๐ข๐ง ๐ญ๐ก๐ ๐๐จ๐ง๐ฌ๐ฎ๐ฅ๐ญ๐๐ญ๐ข๐จ๐ง ๐ฉ๐๐ฉ๐๐ซ:
1. CRAs may rate instruments under the purview of any FSR (like Reserve Bank of India (RBI), Insurance Regulatory and Development Authority of India, PFRDA- Pension Fund And Regulatory Development Authority, IFSCA Official, Ministry of Corporate Affairs, Insolvency & Bankruptcy Board of India (IBBI)), subject to applicable frameworks.
2. Such ratings must be fee-based and non-fund-based.
3. Must be conducted through Separate Business Units (SBUs), segregated by a โChinese Wallโ from SEBI-regulated operations.
4. CRAs to maintain separate records, staff, and grievance mechanisms for these activities.
5. Mandatory upfront disclosures to clients and clear disclaimers that SEBIโs investor protection mechanisms wonโt apply.
6. The CRAโs minimum net worth under SEBI norms will be ring-fenced from such non-SEBI activities.
Public comments are invited until July 30, 2025.
This is a significant regulatory development that could redefine how credit ratings function across financial products in India, enhancing transparency and investor decision-making beyond SEBI-regulated markets.
The Consultation Paper is attached herein. Readers are encouraged to send their views to Regstreet Law Advisors at info@regstreetlaw.com.