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Iosconews79

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Triples 6
  • International Organization Of Securities Commission (IOSCO) is publishing Code Of Conduct Fundamentals For Credit Rating Agencies
  • IOSCO expects full support of CRAs and market participants around the world
  • Chairman Of The IOSCO Technical Committee, Mr. Andrew Sheng said essential purpose of the Code Fundamentals is to promote investor protection
  • Mr. Roel C. Campos said approach is more flexible and more effectively enforced than a universal code
  • IOSCO believes disclosure mechanism will promote compliance with its provisions
  • Mr. Sheng believes market pressure will ensure CRAs fully comply
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Extracted body text (6,054c)
OORRGGAANNIIZZAACCIIÓÓNN  IINNTTEERRNNAACCIIOONNAALL  DDEE  CCOOMMIISSIIOONNEESS  DDEE  VVAALLOORREESS  
IINNTTEERRNNAATTIIOONNAALL  OORRGGAANNIIZZAATTIIOONN  OOFF  SSEECCUURRIITTIIEESS    CCOOMMMMIISSSSIIOONNSS  
OORRGGAANNIISSAATTIIOONN  IINNTTEERRNNAATTIIOONNAALLEE  DDEESS  CCOOMMMMIISSSSIIOONNSS  DDEE  VVAALLEEUURRSS  
OORRGGAANNIIZZAAÇÇÃÃOO  IINNTTEERRNNAACCIIOONNAALL  DDAASS  CCOOMMIISSSSÕÕEESS  DDEE  VVAALLOORREESS  

11  //  22  

 
 

23 December 2004 

MEDIA RELEASE 
 
 

IOSCO RELEASES CODE OF CONDUCT FUNDAMENTALS  
FOR CREDIT RATING AGENCIES 

 
 

Today the International Organization of Securities Commission (IOSCO) is publishing its Code 
of Conduct Fundamentals for Credit Rating Agencies (CRAs).  The IOSCO CRA Code 
Fundamentals follows an extensive consultation process involving rating agencies, issuers, 
investors, academics and financial institutions.  It represents a global, converged view of specific 
mechanisms CRAs can use to protect their analytical independence, eliminate or manage 
conflicts of interest, and help ensure the confidentiality of certain types of information shared 
with them by issuers.  IOSCO expects the Code Fundamentals will receive the full support of 
CRAs and market participants around the world and will strengthen investor and market 
confidence in the rating process. 
 
The Chairman of the IOSCO Technical Committee, Mr. Andrew Sheng, said that “The essential 
purpose of the Code Fundamentals is to promote investor protection by safeguarding the 
integrity of the rating process.  IOSCO expects all CRAs to give full effect to the Code 
Fundamentals.  The reason we devoted so much effort to this policy area is because we recognize 
the importance of reliable and accurate credit ratings in helping investors assess the credit risks 
they face when making investment decisions”. 
 
Rather than acting as a code of conduct that CRAs are expected to sign onto, the IOSCO Code 
Fundamentals are a set of provisions that IOSCO expects all rating agencies will incorporate and 
give full effect to in their codes of conduct. 
 
Mr. Roel C. Campos, a Commissioner with the US Securities and Exchange Commission as well 
as Chairman of the IOSCO task force that developed the Code of Conduct Fundamentals said: 
“We believe this approach is more flexible and more effectively enforced than would be the case 
if IOSCO had drafted a universal code for all CRAs to sign onto”.  Mr. Campos noted that a 
degree of flexibility is warranted because CRAs vary considerably in their size, business models, 
rating methodologies and the legal and market circumstances in which they operate. 
 
Central to the Code of Conduct Fundamentals is a disclosure mechanism that IOSCO believes 
will promote compliance with the spirit and intent of each of its provisions.  The Code of 
Conduct Fundamentals obliges CRAs not only to incorporate its provisions into their own codes 
of conduct, but also to explain how each provision is addressed.   
 

http://www.iosco.org/pubdocs/pdf/IOSCOPD180.pdf
http://www.iosco.org/pubdocs/pdf/IOSCOPD180.pdf


2/2 

If a particular provision of the Code of Conduct is not incorporated into the CRA´s own code of 
conduct, the CRA is expected to disclose this fact, explain why it has not incorporated the 
relevant provision, and how the objectives of that provision are otherwise addressed.  Market 
participants will then be able to judge for themselves whether each CRA has implemented the 
Code of Conduct Fundamentals satisfactorily and react accordingly. 
 
Mr. Sheng believes that there will be sufficient market pressure on CRAs to fully comply. 
“Failure to comply would undoubtedly have an adverse impact on individual CRAs as the 
industry and investors become aware of instances of non-compliance.  We believe that in order 
to gain advantage in the market-place most CRAs will work to ensure their compliance with the 
IOSCO Code”. 
 
The release of the Code Fundamentals follows an extensive public consultation process that took 
place after a draft of the documents was published in October 2004.  IOSCO received 
approximately 40 submissions from a wide range of market participants including ratings 
agencies, financial institutions and individual investors from around the world. This input proved 
to be invaluable in making modifications to the Code.  The Task Force issued a statement 
outlining their deliberations in early December 2004: 
 
http://www.iosco.org/news/pdf/IOSCONEWS78.pdf 
 
In developing the Code Fundamentals, IOSCO also sought input from the Basel Committee on 
Banking Supervision and the International Association of Insurance Supervisors since 
maintaining the integrity of the credit rating process is equally important to banking and 
insurance as well as to securities regulation. 
 
Prior to developing the Code Fundamentals in September 2003 IOSCO published Principles 
Regarding the Activities of Credit Rating Agencies, along with a report briefly describing what 
CRAs do and regulatory issues that arise regarding their activities.  These Principles outlined 
high-level objectives that regulators, CRAs and other market participants should seek to achieve 
in order to maintain the quality and integrity of the rating process.  Development of the Code 
Fundamentals arose after some regulators and CRAs suggested it would be valuable if IOSCO 
were to offer more detailed guidance on how CRAs could implement the Principles in practice.  
The resulting Code Fundamentals include 52 concrete measures designed to implement the 
IOSCO CRA Principles effectively and thoroughly, regardless of the size or business model of 
the CRA or the legal and market circumstances in which it operates.  
 
IOSCO has indicated that it may revisit the Code Fundamentals if subsequent developments 
indicate that modifications are appropriate. 
 
 

For further information contact 
Mr. Philippe Richard, IOSCO Secretary General 34 (91) 417 55 49 or 650 37 88 98 or 

Mr. Andrew Larcos, Public Affairs Officer 34 (91) 417 55 49
OCR text (6,054c · textlayer · 95% conf)
OORRGGAANNIIZZAACCIIÓÓNN  IINNTTEERRNNAACCIIOONNAALL  DDEE  CCOOMMIISSIIOONNEESS  DDEE  VVAALLOORREESS  
IINNTTEERRNNAATTIIOONNAALL  OORRGGAANNIIZZAATTIIOONN  OOFF  SSEECCUURRIITTIIEESS    CCOOMMMMIISSSSIIOONNSS  
OORRGGAANNIISSAATTIIOONN  IINNTTEERRNNAATTIIOONNAALLEE  DDEESS  CCOOMMMMIISSSSIIOONNSS  DDEE  VVAALLEEUURRSS  
OORRGGAANNIIZZAAÇÇÃÃOO  IINNTTEERRNNAACCIIOONNAALL  DDAASS  CCOOMMIISSSSÕÕEESS  DDEE  VVAALLOORREESS  

11  //  22  

 
 

23 December 2004 

MEDIA RELEASE 
 
 

IOSCO RELEASES CODE OF CONDUCT FUNDAMENTALS  
FOR CREDIT RATING AGENCIES 

 
 

Today the International Organization of Securities Commission (IOSCO) is publishing its Code 
of Conduct Fundamentals for Credit Rating Agencies (CRAs).  The IOSCO CRA Code 
Fundamentals follows an extensive consultation process involving rating agencies, issuers, 
investors, academics and financial institutions.  It represents a global, converged view of specific 
mechanisms CRAs can use to protect their analytical independence, eliminate or manage 
conflicts of interest, and help ensure the confidentiality of certain types of information shared 
with them by issuers.  IOSCO expects the Code Fundamentals will receive the full support of 
CRAs and market participants around the world and will strengthen investor and market 
confidence in the rating process. 
 
The Chairman of the IOSCO Technical Committee, Mr. Andrew Sheng, said that “The essential 
purpose of the Code Fundamentals is to promote investor protection by safeguarding the 
integrity of the rating process.  IOSCO expects all CRAs to give full effect to the Code 
Fundamentals.  The reason we devoted so much effort to this policy area is because we recognize 
the importance of reliable and accurate credit ratings in helping investors assess the credit risks 
they face when making investment decisions”. 
 
Rather than acting as a code of conduct that CRAs are expected to sign onto, the IOSCO Code 
Fundamentals are a set of provisions that IOSCO expects all rating agencies will incorporate and 
give full effect to in their codes of conduct. 
 
Mr. Roel C. Campos, a Commissioner with the US Securities and Exchange Commission as well 
as Chairman of the IOSCO task force that developed the Code of Conduct Fundamentals said: 
“We believe this approach is more flexible and more effectively enforced than would be the case 
if IOSCO had drafted a universal code for all CRAs to sign onto”.  Mr. Campos noted that a 
degree of flexibility is warranted because CRAs vary considerably in their size, business models, 
rating methodologies and the legal and market circumstances in which they operate. 
 
Central to the Code of Conduct Fundamentals is a disclosure mechanism that IOSCO believes 
will promote compliance with the spirit and intent of each of its provisions.  The Code of 
Conduct Fundamentals obliges CRAs not only to incorporate its provisions into their own codes 
of conduct, but also to explain how each provision is addressed.   
 

http://www.iosco.org/pubdocs/pdf/IOSCOPD180.pdf
http://www.iosco.org/pubdocs/pdf/IOSCOPD180.pdf


2/2 

If a particular provision of the Code of Conduct is not incorporated into the CRA´s own code of 
conduct, the CRA is expected to disclose this fact, explain why it has not incorporated the 
relevant provision, and how the objectives of that provision are otherwise addressed.  Market 
participants will then be able to judge for themselves whether each CRA has implemented the 
Code of Conduct Fundamentals satisfactorily and react accordingly. 
 
Mr. Sheng believes that there will be sufficient market pressure on CRAs to fully comply. 
“Failure to comply would undoubtedly have an adverse impact on individual CRAs as the 
industry and investors become aware of instances of non-compliance.  We believe that in order 
to gain advantage in the market-place most CRAs will work to ensure their compliance with the 
IOSCO Code”. 
 
The release of the Code Fundamentals follows an extensive public consultation process that took 
place after a draft of the documents was published in October 2004.  IOSCO received 
approximately 40 submissions from a wide range of market participants including ratings 
agencies, financial institutions and individual investors from around the world. This input proved 
to be invaluable in making modifications to the Code.  The Task Force issued a statement 
outlining their deliberations in early December 2004: 
 
http://www.iosco.org/news/pdf/IOSCONEWS78.pdf 
 
In developing the Code Fundamentals, IOSCO also sought input from the Basel Committee on 
Banking Supervision and the International Association of Insurance Supervisors since 
maintaining the integrity of the credit rating process is equally important to banking and 
insurance as well as to securities regulation. 
 
Prior to developing the Code Fundamentals in September 2003 IOSCO published Principles 
Regarding the Activities of Credit Rating Agencies, along with a report briefly describing what 
CRAs do and regulatory issues that arise regarding their activities.  These Principles outlined 
high-level objectives that regulators, CRAs and other market participants should seek to achieve 
in order to maintain the quality and integrity of the rating process.  Development of the Code 
Fundamentals arose after some regulators and CRAs suggested it would be valuable if IOSCO 
were to offer more detailed guidance on how CRAs could implement the Principles in practice.  
The resulting Code Fundamentals include 52 concrete measures designed to implement the 
IOSCO CRA Principles effectively and thoroughly, regardless of the size or business model of 
the CRA or the legal and market circumstances in which it operates.  
 
IOSCO has indicated that it may revisit the Code Fundamentals if subsequent developments 
indicate that modifications are appropriate. 
 
 

For further information contact 
Mr. Philippe Richard, IOSCO Secretary General 34 (91) 417 55 49 or 650 37 88 98 or 

Mr. Andrew Larcos, Public Affairs Officer 34 (91) 417 55 49