ESMA_QA_1469
Topic
CRA Regulation
17/07/2023
Subject Matter
Article 8(5a) and Article 14(3) – Notification of material changes to methodologies (ESMA33-5-87 Q&A 7)
Question
When is a change to methodologies, models or key rating assumptions considered as a “material change”?
Level 1 Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009
ESMA_QA_1468
Topic
CRA Regulation
17/07/2023
Subject Matter
Article 6a(1)(a) – Entry into force of the prohibition of holding 5% or more of the capital or the voting right of any other agency (ESMA33-5-87 Q&A 6)
Question
What is the entry into force of Article 6a(1)(a)?
Level 1 Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009
ESMA_QA_1467
Topic
CRA Regulation
17/07/2023
Subject Matter
Annex I, Section B – Operational requirements: Identification of relevant shareholders (ESMA33-5-87 Q&A 5)
Question
How are CRAs supposed to identify relevant (more than 5%) shareholders in order to be compliant with the provisions concerning conflicts presented by shareholders established in Sections B(3), B(3a) and B(4) of Annex I of the CRA Regulation?
Level 1 Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009
ESMA_QA_1466
Topic
CRA Regulation
17/07/2023
Subject Matter
Article 6a – Investments in credit rating agencies (ESMA33-5-87 Q&A 4)
Question
(a) Could a non-EU CRA have a stake higher than 5% in a CRA registered in the EU and vice versa?

(b) Could an EU registered CRA acquire another EU registered CRA?

(c) For the purposes of Article 6a of the CRA Regulation, the term “shareholder” includes beneficial
owners as defined in Article 3(6) of Directive 2005/60/EC (Money Laundering and Terrorist
Financing Directive). Are collective portfolio managers considered as shareholders for the
purpose of Article 6a of the Regulation?

(d) Should portfolio managers be considered as shareholders under the last paragraph of Article
6a(1) as subjects in a position to exercise significant influence on the business activities of
collective investment schemes?
Level 1 Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009
ESMA_QA_1465
Topic
Sovereign Ratings
17/07/2023
Subject Matter
Article 8a(4) – Deviations from the sovereign ratings calendar (ESMA33-5-87 Q&A 3)
Question
(a) Does ESMA need to previously authorise a deviation from the announced calendar of sovereign ratings and outlooks?

(b) In which cases would a CRA be able to deviate from the announced calendar of sovereign ratings and outlooks?

(c) Where the reason for a deviation from the announced sovereign ratings and outlooks calendar
is that an issuer appealed the CRA’s decision, shall the CRA specify that an appeal is the cause
of the deviation?

(d) How should CRAs disclose the reasons for a deviation from the announced calendar of sovereign ratings and outlooks?

(e) Are CRAs obliged to publish a rating action or a related rating outlook on the date announced in
their announced calendar of sovereign ratings and outlooks? In case of non-publication on the
announced date, are CRAs obliged to provide an explanation of the reasons for non-publication?

(f) In case of a deviation from the announced calendar of sovereign ratings and outlooks, what rules are applied to the publication of sovereign ratings and related rating outlooks?
Level 1 Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009