Category: Regulations
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Fine in the Millions Against Credit Rating Agency
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After a Deferral
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New Regulation of Credit Rating Agencies is on the Way
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What is the balance sheet about?
Ilija Batljan, CEO and Founder of Samhällsbyggnadsbolaget i Norden AB, fights for the reputation of his group. RATING EVIDENCE has had several occasions to report on this entrepreneur and his company on this and another website, rating.repair and everling.de. RATING©REPAIR is the name of the virtual repair shop as a B2B service, a brand name…
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Unfair, Camouflaged Advertising
It is a judgment with relevance for the rating industry, namely the judgment of the Frankfurt am Main Higher Regional Court on unfair camouflaged advertising when considering paid product reviews within the overall rating result of a product. If the overall evaluation result for products offered on a sales platform also includes reviews for which…
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Morningstar Takes on the Regulation
Looking forward to 2022, Morningstar, Inc.’s Joe Mansueto, Executive Chairman and Chairman of the Board, and Kunal Kapoor, Chief Executive Officer, expect the Board to support Morningstar’s strategic initiatives including an initiative they call “Organizational Design Responsive to Changes in our Regulatory Landscape”.
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Investment Guidelines of German Municipalities in Practice
US rating agencies remain at an advantage over their European competitors. As the practical example of regulation in Hesse shows, the investment guidelines for municipalities cement the dominant position of the US rating agencies for every rated investment. Even the German rating agencies are out of the question for most communities. Since the ratings of…
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Information from the Hessian Ministry of the Interior on Investments and Deposit Protection in a New Light
Part 2 Funds available according to the provision listed in “Information from the Hessian Ministry of the Interior on investments and deposit protection” of May 29, 2018 can be invested in shares in investment funds within the meaning of the Investment Modernization Act (Investmentmodernisierungsgesetz). The aforementioned requirements have already been reported here in Part 1.…
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Information from the Hessian Ministry of the Interior on Investments and Deposit Protection in a New Light
On May 29, 2018, the Hessian Ministry of the Interior informed on investments and deposit protection in the State of Hesse, Germany. In the wake of the Greensill scandal, this legal framework is being given new life in many communities. The following article will therefore first explain the legal framework created in 2018 before examples…
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Role of Credit Rating Agencies in Implementing Sanctions
ESMA Chair, Verena Ross, takes a look at the rating market structure today, and sees that there are 24 CRAs in the EU registered with ESMA, located in 13 different Member States. She delivered a keynote speech at the European Association of Corporate Treasurers (EACT) Summit. Verena Ross spoke, among other things, about Credit Rating…
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Disclosure Requirements for Initial Reviews and Preliminary Credit Ratings Discussed
The European Securities and Markets Authority (ESMA) published its “Final Report” with “Guidelines on Disclosure Requirements for Initial Reviews and Preliminary Ratings“. The purpose of these Guidelines is to deliver guidance that will address inconsistencies in the application of these requirements by Credit Rating Agencies (CRAs), and by extension reduce the risks that are posed…
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German Authority Restricting the Number of Bank Customers
The state specification of the number of customers and the limitation of the number of customers who – regardless of market demand – are allowed to use certain services, are typical features of a central administration economy in times of financial repression. On October 5th, 2021, the Federal Financial Supervisory Authority (BaFin) ordered N26 Bank…
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Assumptions of Implicit Government Support
Why is it not wise to ignore an important dimension of the bank rating, not even for capital adequacy purposes? According to the Basel Framework as it will appear in the future on January 1, 2025, banks incorporated in jurisdictions that allow the use of external ratings for regulatory purposes will assign to their rated…
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Rating Agency Violates Disclosure of Transparency Reports and More
CRA Transparency Reports 2021 “Transparency Reports” of credit rating agencies (CRAs) are published in accordance with Article 12 and Annex I, Section E.III of the EU Regulation on Credit Rating Agencies: (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies, as amended by Regulation (EU)…
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Green Light for Greensill Was Legitimate
A Berlin rating agency remains as a scapegoat Now it is official: In the city of Mohnheim no failure of the administration could be determined before and in the insolvency of Greensill Bank in Bremen. The responsibility is put on the “investment grade” rating, which was issued by a local rating agency in Berlin. In…
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“The Last” Credit Rating Agency “Recognized By BaFin” Has “Disappeared”
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False Self-Portrayal of a Rating Agency
The misleading self-presentation of a local credit rating agency in Hamburg raised the question of what kind of representations are allowed.
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The Only Credit Rating Agency Recognized by BaFin
A not so unique rating agency
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Questionable Independence of a Rating After a Partnership Agreement
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Looking for a Rating Methodology – Where?
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Dear Customer, Which Methodology Would You Like?
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Insolvent Greensill Bank Relied on “Scope Risk Solutions”
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Some City Councilors Reproach the Use of Scope Ratings Instead of S&P’s and Moody’s
In the city parliament of Giessen, the processing of the affair about the threatened loss of financial investments at the Greensill Bank has begun.
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Scope’s Greensill Bank Rating Tragedy
The Federal Financial Supervisory Authority (BaFin) filed criminal charges Against The Bank’s Board Members. The Federal Financial Supervisory Authority (BaFin) in Germany received monthly reports from Greensill Bank AG (Greensill Bank) about the bank’s balance sheet data from January 2019 on. This is evident from the answer given by Parliamentary State Secretary Sarah Ryglewski on…
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Lex Greensill’s Connecting Private Planes
Both born in the 1970s, a banker and an credit rating entrepreneur have a shared expensive passion.
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Scope Ratings Sluices of Money Creation
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Once Advantages for Scope Shareholders, Now Disadvantages for German Banks
In Germany, the Greensill Bank is likely to be one of the most expensive cases ever.
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Scope Group Not Within the Scope of ESMA
The scandal surrounding Greensill Bank and the credit rating of Scope Ratings GmbH for this bank raises the question of how the situation at the Scope Group got out of control.
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Taxpayers Ultimately Become Victims of Scope Ratings
The Berlin rating agency Scope has top politicians on board who are already drawing high pensions. These politicians now indirectly cost the taxpayer even more.
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Secured Income by Securing Deposits
The system of deposit insurance in the private banking industry makes GBB-Rating almost indispensable. Cologne-based GBB-Rating, a company of the Auditing Association of German Banks, offers credit ratings with a price / performance ratio challenging its US peers. It is approved by the European Supervisory Authorities (ESAs) as an External Credit Assessment Institution (ECAI) for…
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How to Run a Credit Reporting Agency in China
The People’s Bank of China issued a Draft for comments on “Measures for the Administration of Credit Investigation Services“. It is intended to regulate the credit investigation business and related activities, and promote the healthy development of the credit investigation industry. This is formulated in accordance with the “Civil Code of the People’s Republic of…
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China’s Administrative Measures for Credit Investigation and Regulations on the Administration of Credit Investigation Industry
On January 11, 2021 the People’s Bank of China announced the “Administrative Measures for Credit Investigation (Draft for Comment)”. This is another heavy new regulation that the credit reporting industry will usher in after the 2013 “Regulations on the Administration of Credit Investigation Industry” and the “Administrative Measures for Credit Investigation Institutions”. The “Measures” have…
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FATF and BaFin Ratings
The European Union (EU) and Financial Action Task Force (FATF) lists countries with deficits in the fight against money laundering, terrorist financing and the financing of proliferation. The lists have far-reaching implications for country ratings and especially for ratings of financial service providers. FATF publishes a consolidated table of assessment ratings. On the basis of…
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S&P And Moody’s Are Losing Market Share in the EU
For the first time, the European Securities and Markets Authority ESMA has reported a decline in market shares in Europe for both of the major US rating agencies. The authority thus discloses a remarkable development. Never before have the two market leaders, who have been issuing their credit ratings worldwide according to recognized standards and…
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SME Rating Dilemma
Small and medium-sized companies have difficulties communicating their creditworthiness credibly. Recognized credit rating agencies concentrate their services on companies that go through a committee-based rating process. The legal framework in Europe offers no alternative to this. Only those who meet all the requirements of the EU regulation on credit rating agencies can be recognized as…
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Legal Characteristics of Forest Ownership
At the federal and state level, there are laws on forests in Germany that must be taken into account with every rating of forest investments. The federal states regulate rights and obligations differently. In the following see the example of the Hessian Forest Act (GVBl. 2013 S. 458 vom 08.07.2013). The aim of the Hessian…
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How the Authority Determines Whether a Board Member Has Sufficient Time
Within the scope of the Banking Act, the notification of intent to appoint a management board member must include the material facts for an assessment of whether sufficient time is available for the performance of the related duties. Board members are required to provide detailed information on how they spend their time. It is at…
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Management Board Members Must Submit a Certificate of Good Conduct for Official Purposes
Depending on their nationality and place of residence, management board members must submit the original copy of a “certificate of good conduct for presentation to a German authority (certificate of good conduct for official purposes)” (document type “O”) issued by the Federal Office of Justice (Bundesamt für Justiz – BfJ). This document is issued in…
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Data for Bank Management Board Member’s Reputation Rating
The German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) provides some insights into what kind of data is used to establish a bank management board member’s reputation rating in its Guidance Notice on management board members. This is pursuant to the German Banking Act (Kreditwesengesetz – KWG), the German Payment Services Supervision Act…
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Professional and Personal Requirements for Persons Appointed as Management Board Members
The Federal Financial Supervisory Authority of Germany (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) provided a Guidance Notice on management board members pursuant to the German Banking Act (Kreditwesengesetz – KWG), the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz – ZAG) and the German Capital Investment Code (Kapitalanlagegesetzbuch – KAGB). The following introduces the approach how to check…
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Recognized Credit Rating Agencies
There are almost 200 countries in the world. Many countries do not have specific regulations on rating activities, but most industrialized countries do have laws on Credit Rating Agencies (CRAs). Credit Rating Agencies are required to get registered, licensed, recognized or certified. Until the Credit Rating Agency Reform Act of 2006 was introduced in the…
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Recognized Credit Rating Agencies in Russia
ACRA Analytical Credit Rating Agency The Russian Government set a minimum credit rating for banks that service federal budget funds (the document is published on the official website of the Russian Federation Ministry of Finance at http://government.ru/docs/28240/). The federal budget funds may be placed on deposits with bank that have a credit rating of at…
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National Securities and Stock Market Commission of Ukraine Registered Credit Rating Agencies
In Ukraine, a person acquires the right to define ratings from the date of the issuance of the Certificate on Inclusion into The State Register of Authorized Rating Agencies.
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Banco Central de Uruguay Registered Credit Rating Agencies
Here is a list of Credit Rating Agencies registered by the Banco Central de Uruguay:
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Monetary Authority of Singapore Encourages Ratings By Singapore-dollar Credit Rating Grant
The European Commission’s decision to repeal the equivalence status for Singapore Credit Rating Agencies does not impact the operations of Credit Rating Agencies in Singapore. As confirmed by the European Commission, Credit Rating Agencies in Singapore will continue to be able to access the European Union market through the endorsement regime which they currently operate…
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Securities and Exchange Commission Thailand Approved Credit Rating Agencies
The following rating agencies shall be Credit Rating Agencies approved by the Office of the Securities and Exchange Commission of Thailand to issue credit rating for instruments or businesses related to issuance and offer for sale under the Notification of the Capital Market Supervisory Board and instruments. They are required to provide credit ratings under…
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Comisión Nacional Bancaria y de Valores Supervised Credit Rating Agencies
Comisión Nacional Bancaria y de Valores (CNBV) main function is to inform the market about the real risks that the investing public faces in financial intermediation. Regulation is essential for greater transparency in its actions and less exposure to conflict of interest. The Comisión Nacional Bancaria y de Valores supervises 7 Credit Rating Agencies, called…
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Suruhanjaya Sekuriti Securities Commission Malaysia Committed to Allow ASEAN-Owned Credit Rating Agencies in Malaysia
Under the Working Committee on Financial Services Liberalisation, the Association of South-East Asian Nations (ASEAN) completed the Eighth Package of Financial Services Commitments (Eighth Package), which was signed by the Association of South-East Asian Nations Finance Ministers on April 5, 2019. To enhance access into the capital market via the Eighth Package, the Suruhanjaya Sekuriti…
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Superintendencia de Compañías, Valores y Seguros Reports Credit Rating Agencies
The Superintendency of Companies, Securities and Insurance of Ecuador, Superintendencia de Compañías, Valores y Seguros (SC), listed on August 6, 2020 the following Credit Rating Agencies:
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Signed Up Credit Rating Agencies At SUGEVAL
The Superintendencia General de Valores (SUGEVAL) is the supervisor of Calificadoras de Riesgo, Credit Rating Agencies in Costa Rica. Here is a complete list of Credit Rating Agencies enrolled in Costa Rica as of August 6, 2020..
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Securities and Exchange Commission of Brazil Recognized Credit Rating Agencies
Here are all recognized Credit Rating Agencies with name, address, district, city, state, postal addressing code, direct distance dialing, phone, fax, names of the risk rating director and internal controls director, registration date, Brazil national registry of legal entities number and current situation as of August 6, 2020. In addition to the credit risk rating…
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Australian Securities and Investments Commission Licensed Credit Rating Agencies
The Australian Securities and Investments Commission (ASIC) published an information sheet (INFO 143) for credit rating agencies providing services in Australia. It gives guidance on the meaning of certain conditions that apply to these credit rating agencies under their Australian financial services (AFS) licence. It covers the scope and purpose of Australian Securities and Investments…
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Financial Sector Conduct Authority Registered Credit Rating Agencies in South Africa
The Credit Rating Agencies listed below have been registered in accordance with Section 5(1) of the Credit Rating Services Act, 24 of 2012 in South Africa. The list is published by the Financial Sector Conduct Authority in accordance with section 5(10) of the Credit Rating Services Act and is updated within five working days of…
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Canadian Securities Administrators Designated Rating Organizations
The Canadian Securities Administrators identified Designated Rating Organizations, and imposed requirements on credit rating organizations wishing to have their credit ratings eligible for use in securities legislation. The rule of the Canadian securities regulators establishes a regulatory framework for the oversight of credit rating organizations by requiring them to apply to become a “Designated Rating…
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Comisión Nacional de Valores República Argentina Registered Credit Rating entities
Credit Rating Agencies are those entities that are dedicated to making risk ratings. In Argentina, entities must be registered with the Comisión Nacional de Valores in order to carry out the activity and they can be private companies or public universities. Public Universities Unidad CEPAF – Agente de Calificación de Riescos Universidad Pública (UBA) Universidad…
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Bangladesh Securities and Exchange Commission Registered Credit Rating Agencies
The following Credit Rating Agencies are registered by the Bangladesh Securities and Exchange Commission:
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Securities and Exchange Commission of Pakistan Registered Credit Rating Companies
An application for permission to form a credit rating company by persons meeting the eligibility criteria accorind to the Credit Rating Company Regulations shall be made to the Securities and Exchange Commission of Pakistan along with a number of documents. The Securities and Exchange Commission of Pakistan on being satisfied that the person seeking permission…
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Securities and Exchange Board of India Registered Credit Rating Agencies
A credit rating agency whose application for grant of a certificate of permanent registration has been refused by the Securities and Exchange Board of India shall cease to undertake any credit rating activity. Here is a list of registered Credit Rating Agencies in India as of August 3, 2020:
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Securities & Exchange Organization of Iran Registered Credit Rating Agencies
The Securities & Exchange Organization of Iran publishes lists of certified financial institutions in the Islamic Republic of Iran. On July 28, 2020, these Credit Rating Agencies were on the list:
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Finma Authorized Credit Rating Agencies
The Swiss Financial Market Supervisory Authority FINMA supervises financial institutions making use of the services of Credit Rating Agencies, e.g. for the capital-adequacy calculations carried out by banks. Supervised institutions can use ratings to meet a number of regulatory requirements. In certain specific cases, only ratings from agencies recognised by FINMA may be used. The…
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Financial Services Agency of Japan Authorized Credit Rating Agencies
The purpose of supervising Credit Rating Agencies in Japan is, in view of specific problems in their governance, to ensure the appropriate business operations of Credit Rating Agencies in Japan, and to bring about the appropriate exercise of their functions.
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Capital Markets Authority of Saudi Arabia Authorized Credit Rating Agencies
As in many other countries, the work of Credit Rating Agencies has been regulated in the Kingdom of Saudi Arabia, since ratings are referenced in various ways in the financial system. It is therefore necessary to determine which Credit Rating Agencies give the relevant ratings. On November 10, 2014, the Capital Market Authority of Saudi…
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U.S. SEC NRSRO
The Office of Credit Ratings (OCR) assists the U.S. Securities and Exchange Commission (US SEC) in executing its responsibility for protecting investors, promoting capital formation, and maintaining fair, orderly, and efficient markets through the oversight of Credit Rating Agencies registered with the Commission as Nationally Recognized Statistical Rating Organizations (NRSROs). In support of this mission,…
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Equity Rating Repair
Stock instruments issued or to be issued and / or traded on certain stock markets may be the subject of ratings. Stock ratings reflect the risks associated with the creditworthiness of the issuer and the stock market liquidity of an instrument. However, they do not address the risk of loss associated with price changes and…
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KYC Risk Rating
Under strict Anti-Money Laundering (AML) regulations put in place by national governments, the European Union (EU), the Financial Action Task Force (FATF), and the United Nations (UN), all financial institutions and many types of companies are required to closely monitor their clients’ accounts and report any suspicious activity. These legal requirements often take the form…
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KYC Risk Rating
Under strict Anti-Money Laundering (AML) regulations put in place by national governments, the European Union (EU), the Financial Action Task Force (FATF), and the United Nations (UN), all financial institutions and many types of companies are required to closely monitor their clients’ accounts and report any suspicious activity. These legal requirements often take the form…
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Credit Analyst
Oliver Everling, Jens Leker and Stefan Bielmeier (editors): Credit Analyst, De Gruyter Oldenburg, Walter de Gruyter GmbH, Berlin / Boston, http://www.degruyter.com/, updated and completely revised edition, 3rd edition 2015, 390 pages, ISBN 978-3-11-035379-2. The escalation of the financial crisis has brought changes in hardly any other area as quickly as in the credit analysis. Basel’s…
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Legal Issues in Ratings
Ann-Kristin Achleitner and Oliver Everling (Editor): Legal Issues in Ratings: Fundamentals and Implications of Ratings for Agencies, Investors and Companies Advised, Betriebswirtschaftlicher Verlag Th. Gabler, Wiesbaden 1st edition November 2005, http://www.gabler-verlag.de, hardcover, 470 pages, ISBN 3-409-14314-9. The issuing of ratings by external rating agencies as well as internal ratings are of increasing relevance for the…
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