MANU/SCRR/0003/2022
Ministry : Securities and Exchange Board of India
Department/Board : Department of Debt and Hybrid Securities
Circular No. : SEBI/HO/DDHS/DDHS-RACPOD2/P/CIR/2022/121
Date : 21.09.2022
Notification/ Circulars Referred : CIR/MIRSD/4/2011 dated June 15, 2011 MANU/SSMD/0020/2011;SEBI/HO/MIRSD/MIRSD_CRADT/P/CIR/ 2021/594 dated July
16, 2021 MANU/SSMD/0027/2021;Circular SEBI/ MIRSD/CRA/Cir-01/ 2010 dated January 06, 2010 MANU/SSMD/0003/2010
Citing Reference:
CIR/MIRSD/4/2011 dated June 15, 2011 MANU/SSMD/0020/2011 Referred
SEBI/HO/MIRSD/MIRSD_CRADT/P/CIR/ 2021/594 dated July
16, 2021 MANU/SSMD/0027/2021 Referred
Circular SEBI/ MIRSD/CRA/Cir-01/ 2010 dated January 06, 2010 MANU/SSMD/0003/2010 Referred
To
All Credit Rating Agencies (CRAs) registered with SEBI
Dear Sir/ Madam,
Firewall between Credit Rating Agencies and their Affiliates
I. SEBI (Credit Rating Agencies) Regulations, 1999 ("CRA Regulations") provide for a principle-based regulation of Credit Rating Agencies (CRAs) focusing inter alia on prevention of conflict of interests. Regulation 13 of the CRA Regulations require CRAs to abide by the Code of Conduct contained in the Third Schedule.
II. Further, CRA Regulations inter alia required CRAs to segregate certain activities
to a separate entity under Regulation 9(f) of CRA Regulations (hereinafter referred
to as "non-rating associate or subsidiary or group entity" or collectively as "non-rating entities").
III. In view of the above, the following measures are mandated to strengthen the firewall between SEBI-registered CRAs and their non-rating entities:
A. CRAs shall formulate a policy on separation or firewall practices with the non-rating entities and document the same in their internal operational manuals or governing document. Such policy, and revi........