FMR
FMR
FINANCIAL MARKET REGULATIONS FOR OBTAINING THE DEGREE B.A. LL.B. (HONS)
                  DURING THE ACADEMIC YEAR 2023 - 2024
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                        ACKNOWLEDGEMENT
I would like to express my thanks and gratitude to our faculty of Financial Market
Regulation, Dr. Neha Shukla for providing me the chance to work on this particular
assignment on the topic “Credit Rating Agencies”. I am obliged to thank our faculty in the
respective subject to provide me with the necessary support required while making this
assignment and for mentoring me throughout this assignment. The whole journey of
completing the assignment was quite interesting, I was completely engrossed and dived deeper
to seek more information related to the topic. I would not have been able to complete this
assignment without the help of my friends, colleagues, and my family members, so I would
like to express my gratitude and thank them as well.
Thank you!!
Mitali Aryan
CUSB2013125070
8TH SEMESTER
B.A. LL.B. (Hons.)
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                                     INTRODUCTION
    Companies, financial institutions, public sector enterprises, local bodies and others raise
    funds from the domestic as well as international money or capital market by issuing debt
    instruments which are rated by the rating agencies. Investors also like to make their
    investment decisions based on credit rating of instruments. Credit rating plays a significant
    role in all credit as well as investment decisions. Credit signifies status of ability to pay or
    reputation about solvency and capacity to pay. Rating is nothing but estimated worth or value
    in terms of symbolic grade given to a person’s or organization’s ability to pay back the loans
    raised, with the help of financial position of the individual or organization. By combining
    credit and rating, these two words, one can find out the meaning of credit rating, which is
    concerned with an act of assigning symbolic grade or values by estimating financial position
    and thus disclosing solvency which indicates ability or capacity of the issuer about the
    repayment of loans raised1.
    A credit rating is a quantified assessment of the creditworthiness of a borrower in general
    terms or with respect to a particular debt or financial obligation. A credit rating can be
    assigned to any entity that seeks to borrow money—an individual, corporation, state or
    provincial authority, or sovereign government.
    Individual credit is scored from by credit bureaus such as Experian and TransUnion on a 3-
    digit numerical scale using a form of Fair Isaac (FICO) credit scoring. Credit assessment and
    evaluation for companies and governments is generally done by a credit rating agency such
    as Standard & Poor’s (S&P), Moody’s, or Fitch. These rating agencies are paid by the entity
    that is seeking a credit rating for itself or for one of its debt issues.2
    1
   https://egyankosh.ac.in/ (Last visited on 12th April 2024)
2
 Investopedia’s     Credit       rating      Agency:        History &     Overview;        Available     on:
https://www.investopedia.com/articles/bonds/09/history-credit-rating-agencies.asp (Last visited on 12th April
2024)
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    expressed in the form of standard symbol or in any other standardized form assigned by a
    credit rating agency. The symbol given by rating agency for credit rating indicates a credit
    character of that particular security and thus it only facilitates to take a view on credit risk
    pertaining to that security3.
    However, it does not directly recommend whether to purchase, sale or hold that security.
    Thus, rating is a measure of credit risk only and hence it does not communicate anything
    about the degree of market risk. Credit rating is considered predominantly in respect of debt
    instruments only. In addition to this, lenders like banks and non-banking finance companies
    use internally developed credit rating score models in assessing credit worthiness of their
    borrowers or depend on even rating agencies to get rating for the same. The companies which
    issue debt instruments cannot on their own rate instruments.4
    The rating of debt instruments offer the benefits to the interested parties such as investors,
    issuers and intermediary agencies like brokers etc. These benefits are described as given
    below:
BENEFITS TO INVESTORS:
3
  J.C. Varma, Credit Rating, Bharat Publishing House, New Delhi (Latest edition).
4
  https://egyankosh.ac.in/ (Last visited on 12th April 2024)
5
 Supra note 3
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            credit information and to carry out analysis. The investors without any knowledge of
            financial analysis can easily use rating symbols for investment decisions.
6
    The Institute of Chartered Accountants of India, Credit Rating, New Delhi, 1997.
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To sum up, credit rating of debt instruments helps the investors in managing credit risk in
investment decisions.
 A company which has obtained credit rating from rating agency for its issue of debt security
 enjoys various advantages. Few of these advantages are given below:
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            created through higher credit rating the company can mobilize funds from the public
            and institutional lenders like banks and financial institutions.
    Highly credit rated instruments put the brokers at an advantage to make less efforts in studying
    the company’s credit position to convince their clients to select a particular investment
    proposal. Rated instruments speak themselves about the financial soundness of the company
    and the strength of the instrument rated by the credit rating agency. This enables brokers and
    other financial intermediaries to save their time, cost, energy and manpower in convincing
    their clients about investments in any particular instruments. They utilize their resources in
    expanding their clientele and intensifying their business activities.7
    While recognizing the benefits of credit rating, it is necessary to keep in mind certain limitations
    of the credit rating. Few of these are explained below:
    In the absence of quality rating based on objectivity analysis credit rating is a curse for the
    capital market. To avoid biased rating or subjectivity in the credit rating process, executives
    working with Credit Rating Agency, who are involved in the process of credit rating, should
    have no links with the company or the persons interested in the issuer company so that they
    can make their report impartial and Credit Rating judicious recommendations for rating
    committee. Again, rating committee members should also be impartial and judicious in their
    decision making. The companies having lower grade rating do not advertise or use the rating
    while raising funds from the public. In such cases, the Credit Rating Agencies should
    themselves in the public interest, advertise the rating symbols assigned to such companies
    for public information and make the public aware of the poor financial position of such
    companies.
    2) Static study:
    Rating is done on the basis of present and past data of the company and this is only a static
7
Rajdhani college, Credit Rating Agencies;
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study. Disclosure about the company’s health through credit rating is one time exercise and
anything can happen after assignment of rating symbols to the company. Dependence for
future results on the rating, therefore defeats the very purpose of risk - indicativeness of
rating. Subsequent to the allotment of credit rating many changes may take place in economic
environment, political situation, government policy framework, etc. which may directly
affect the working of a company. With such changes, the purpose for which credit rating was
done gets defeated8.
5) Down grade:
Once a company has been rated and if it is not able to maintain its satisfactory financial
performance, credit rating agency would review the grade and down grade the rating resulting
into impairing the image of the company. Most of the limitations mentioned above can be
overcome by taking precautions at every stage of credit rating process.
TYPES OF RATING:
2. Personal Ratings
8
    The Institute of Chartered Accountants of India, Credit Rating, New Delhi, 1997.
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 The ratings allotted to an individual on the basis of his or her past financial credit history and
 cash flows is known as Personal Rating. Generally, these ratings are allocated in the form of
 Scores ranging from 300 to 900. While any score above 750 points is considered to be as good
 can get a loan to an individual easily. However, scores within the range of 300 to 700 are
 considered to be as risk, lower the score higher the chances of default. In India often, this Score
 is used and inter Changed with CIBILI SCORE.
 3. Equity Ratings
Rating of equity shares issued by a company is called equity rating. An evaluation of a stock's
expected performance and / or its risk level as judged by a rating agency such as Standard and
Poor's. A stock rating will usually help the investor to find out fair value for the stock, based
on an objective evaluation of the company. The greater the amount by which the fair value
exceeds the market value, the more highly recommended buy for the stock is. Conversely, if
the market value of the stock exceeds the fair value of the stock, then analysts recommend that
the stock to be sold. Most stock rating systems give stocks 1 to 5 stars, with 5 being the best
and highly9.
 4. Structured Obligations
 A structured obligation is a modified way to raise funds from the market. Organizations which
 use this method create a Special Purpose Vehicle or SPV (usually a Trust) and commit their
 existing assets or future receivables to it. It then creates special ownership rights called as
 Pass Through Certificates or PTCs and sells them to prospective investors. These certificates
 can come in various pools or tranches, some being high credit quality while others taking the
 lower grade. As a result, they enjoy different return profiles as well. Credit rating agencies
 assessed the risk associated with the transaction with the main trust on cash flows emerging
 from the asset would be enough to meet committed payments, to the investors in worst case
 scenario.10
 5. Sovereign Ratings
 Is a rating of a country, which is being considered whenever a loan is to be extended, or some
 major investment is envisaged in a country? It is a grading of a country's ability to meets
 financial obligations. Credit rating agencies provide these ratings and investors use this to
 assess the level of risk related with investing in a country. The rating may also include an
 evaluation of a country's political risk. For example, India has been given BAA 2 rating by
 9
      J.C. Varma, Credit Rating, Bharat Publishing House, New Delhi (latest edition).
10
     IBID
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 Moody’s as on November 2017. Sovereign rating is the first thing most institutional investors
 will look at when deciding to invest money abroad. This rating gives the investor an
 immediate understanding of the level of risk associated with investing in the country. A
 country with a sovereign rating will therefore get more attention than one without. So, to
 attract foreign money, most countries will strive to obtain a sovereign rating and they will
 strive even more so to reach investment grade. In most circumstances, a country's sovereign
 credit rating of AAA indicates lowest risk.
 6. Real Estate Ratings
 CRISIL has started assigning rating to the builders and developers with the objective of
 helping and guiding prospective real estate buyers. CRISIL thoroughly scrutinizes the sale
 deed papers, sanctioned plan; lawyers report government clearance certificates before
 assigning rating to the builder or developer. Experience of the builder, number of properties
 built by the builder, financial strength, and time taken for completion are some of the factors
 taken into consideration by the CRISIL before giving a final rating to the real estate builder
 developer.
11
     Monthly Journal on Credit Quality: Rating Scan, Published by CRISIL Ltd., November 2004
12
     The Institute of Chartered Accountants of India, Credit Rating, New Delhi, 1997.
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RATING PROCEDURE13
       •   The company or the entity that wants itself or its instruments to get a credit rating
           directly contact CRISIL at its office around the globe.
       •   Upon receiving the request of the company, CRISIL then forms an Analytical Team
           and assigns the same for the evolution of the request.
       •   Once the Team is formed it then request the company to provide with information inputs
           like previous Balance Sheets, P & L Statements, Raw Material Supplier, Sales Details,
           etc.
       •   Once all the information is received then the Team further analysis and scrutinizes it
           and arrives at a conclusion and allots a rating to the request.
       •   After the ratings allotment is decided the Team and CRISIL then communicates the
           same to its client
       •   Most companies think that after this point the rating allocated to them is permanent,
           but CRISIL continuously monitors the Company and update its rating from time to
           time.
ICRA:
 Investment Information and Credit Rating Agency of India Limited incorporated in the year
 1991 by leading financial / investment institutions, commercial banks and financial services
 companies as an independent and professional investment Information and Credit Rating
 Agency14. ICRA Limited was original set up as a joint venture between Moody’s Investors
 Services and many Indian Commercial Banks having a stake of 26% with Industrial Finance
 Corporation of India and the rest 74% was comprised of Unit Trust of India, Punjab National
 Bank Limited, Bank of Baroda Limited etc. Out of the 74% Shares held 28% (as in the year
 2001) Shares were held by Moody’s Investor Services, However Moody’s has now gained
 and become the Controlling Shareholder of ICRA Limited with a total shareholding of
 56.01% in total. ICRA Limited was setup under the leadership of Mr. Parab Kumar
 Chaudhary as the Chairman and Mr. Naresh Takkar as the Managing Director at Gurugram.
 However, in the year 2014-15 Mr. Parab Kumar Chaudhary retires and resigned from the
13
     Rating Criteria: Rating Methodology and Benchmarks, CRISIL Publication volume 1 September 2003
14
     Supra note 11
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post of Chairman and was replaced by Mr. Arun Duggal as a Non-Executive Chairman later.
RATING PROCEDURE:
 •   The company or the entity that wants itself or its instruments to get a Credit Rating
     contest ICRA Limited at its offices directly around the globe.
 •   Upon receive the request ICRA, then forms a Rating Team which would evaluate,
     scrutinize, analyses and allot ratings to the request.
 • Once a Rating Team is formed it then request the company with required amount and type
     of information required to process and allot a Credit Rating.
 • ICRA just does not only rely on the information provided by the company itself but also
     collects and verifies information from the secondary sources to ensure a just and fair
     ratings.
 • Upon collection of the information ICRA scan and sets aside all the important information
     and request a meeting with the Management, which would help them to get to know
     about the future expansion plans, current performance and this allows them a have a
     Plant or Office visit which indirectly helps to verify office culture and factuality of the
     information provided.
 • Once the Rating Team has successfully completed its meeting with the management and
     had a plant visit it then sits down for an internal meeting to analyses the collected data
     and come up with basic interpretations.
 • Once this review meeting has been concluded the Rating Team then moves on to thorough
     scrutinization of the data and allocate a Credit Rating to the request.
 • Then the allocated ratings are communicated to the requesting company and a letter stating
     the same is issued
CARE
Credit Analysis and Research Limited incorporated in the year 1993 by the virtue of Joint
Venture between Industrial Development Bank of India Limited (IDBI BANK) along with
many other financial institutions, investment institution, bank and finance company. CARE
is one of the amongst the top 3 Credit Rating Agencies in India. CARE Ratings commenced
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 operations in April 1993 and in over 25 years, it has established itself as the second-largest
 credit rating agency in India. With the rating volume of debt of around Rs. 108.47 lakh crores
 (as on March 31, 2018). CARE has also emerged as the leading agency for covering many
 rating segments like that for banks, sub sovereigns and IPO gradings. CARE was initially
 setup under the Guidance and Leadership of Mr. Rajesh Mokashi as the Chief Executive
 Officer and Managing Director with its serving headquarters at Mumbai.
 RATING PROCEDURE15
       •   The company that wants itself or its instruments to have a Credit Rating approaches
           and request CARE Ratings at its offices around the globe directly.
       •   Upon placing the request, the company must submit a standard part of information as
           per the procedure of the company.
       •   Upon receiving such information, the facts and figure are then scrutinized and test for
           their validity and parameters.
       •   Once this is done then CARE Ratings forms an Internal Assessment Team which in
           turn decides to undertake and plan a site visit.
       •   Once such visit is done, the team then arrives on final conclusions and allocate the
           rating to the request which in turn is then communicated to the client.
       •   Upon allocation these ratings are then continuously monitored and updated from time
           to time and as per market conditions.
15
     J.C. Varma, Credit Rating, Bharat Publishing House, New Delhi (Latest edition).
16
     Prasanna Chandra, Financial Management, Tata McGraw Hill, New Delhi (Latest Edition)
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 utilities, and food companies. It experienced early success, selling out its first print run in its
 first two months. By 1903, Moody's Manual was a nationally recognized publication. Moody
 was forced to sell his business, due to a shortage of capital, when the 1907 financial crisis
 fueled several changes in the markets. Moody returned in 1909 with a new publication
 focused solely on railroad bonds, Analysis of Railroad Investments, and a new company,
 Moody's Analyses Publishing Company. While Moody acknowledged that the concept of
 bond ratings “was not entirely original” with him—he credited early bond rating efforts in
 Vienna and Berlin as inspiration— he was the first to publish them widely, in an accessible
 format. Moody was also the first to charge subscription fees to investors. In 1913 he
 expanded the manual's focus to include industrial firms and utilities; the new Moody's
 Manual offered ratings of public securities, indicated by a letter-rating system borrowed from
 mercantile credit-reporting firms. The following year, Moody incorporated the company as
 Moody's Investors Service. Other rating companies followed over the next few years,
 including the antecedents of the “Big Three” credit rating agencies: Poor’s in 1916, Standard
 Statistics Company in 1922, and the Fitch Publishing Company in 1924. Moody’s expanded
 its focus to include ratings or U.S. state and local government bonds in 1919 and, by 1924,
 Moody's rated nearly the entire U.S. bond market.
RATING PROCEDURE17
        •   The rating relationship begins with an introductory meeting or teleconference call.
            The purpose of this meeting is to introduce Moody’s and to provide a high - level
            description of the ratings process and products.
        •   The analyst or analysts assigned to an Issuer or Obligation (“Lead Analyst”) begins the
            credit analysis by collecting relevant information on the Issuer or obligation from
            publicly available sources.
        •   The Issuer will be asked to provide relevant financial and non-financial information.
            The accurate list of information may vary according to the sector and market
            information.
• Once information has been gathered, the Lead Analyst will conduct the initial analysis
17
     Monthly Journal on Credit Quality: Rating Scan, Published by CRISIL Ltd., November 2004
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            of the Issuer or Obligation by applying the relevant credit rating methodologies,
            which may include consideration of both quantitative and qualitative factors
        •   The Lead Analyst will formulate his or her recommendation for consideration by a
            rating committee.
18
     Supra note 16
19
     Supra note 17
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 2) Promoter of Credit Rating Agency and Eligibility Criteria:
Promoter of a Credit Rating Agency A credit rating agency can be promoted by any of the
following organization or combination thereof.
 a) Public financial institution as defined in section 4-A of the Companies Act
 of 1956,
 b) Scheduled bank,
 c) Foreign bank operating in India with the RBI approval,
 d) Foreign credit rating agency having at least five years of experience in rating securities,
       and,
 e) Any company incorporated under the Companies Act or body corporate having continuous
 minimum net worth of Rs. 100 crores as per its audited annual accounts for the previous five
 years prior to filing of the application with SEBI for registration.
ELIGIBILITY CRITERIA:
 A credit rating agency is prohibited from rating securities issued by its promoter(s) who hold
 not less than 10 per cent of its shares. If the promoter of a credit rating agency is a lending
 institution its chairman or director/s or employees cannot hold a similar position in the credit
 rating agency or its rating committee. Securities Issued by Certain Entities.21
 The securities of an entity cannot be rated by a credit rating agency if it is:
20
     J.C. Varma, Credit Rating, Bharat Publishing House, New Delhi (latest edition).
21
     Supra note 16
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  a) borrower of its promoter or
  b) a subsidiary of its promoter or
(a) an associate (a person holding at least 1S0 per cent of the share capital) of its promoter
when there are common chairman/directors or employees to credit rating agency and these
entities as well as on the rating committee of rating agency.
CONCLUSION
Credit rating is a technique of rating the borrower’s expected capability and worth or
reputation of solvency and ability and inclination of pay back the principal duty and interest
when the obligation falls due. Credit rating is only a risk evaluation of a credit assignment
and presently the debt instruments rated include debentures, fixed deposits and commercial
papers. It is highly useful to investors, issuers, intermediaries and regulators. A number of
factors contribute to the success of credit rating. The most dominating factor is the reputation
and analytical credibility of the credit rating agency. Credit rating is an interactive process
which involves a number of steps on the basis of assessment on which rating is assigned.
Such rating, which is expressed in symbols, is subject to an upward or downward change.
The recent developments in credit rating have brought in its fold the rating of equity,
structured obligations, utilities, sovereign and municipalities. In India, credit rating business
is regulated by SEBI. Four credit rated agencies recognized by SEBI have been operating in
India.
                                   BIBLIOGRAPHY
    •    J.C. Varma, Credit Rating, Bharat Publishing House, New Delhi (latest edition).
    •    Prasanna Chandra, Financial Management, Tata McGraw Hill, New Delhi
         (latest edition)
    •    Monthly Journal on Credit Quality: Rating Scan, Published by CRISIL Ltd.,
         November 2004.
    •    The Institute of Chartered Accountants of India, Credit Rating, New Delhi, 1997.
    •    Rating Criteria: Rating Methodology and Benchmarks, CRISIL Publication,
         Volume 1, September 2003.
    •    https://egyankosh.ac.in
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