The Securities and Exchange Commission (SEC) has announced charges against six nationally recognized statistical rating organizations for significant failures by the firms and their staff in maintaining and preserving electronic communications. The firms involved in this action include Moody’s Investors Service, S&P Global Ratings, Fitch Ratings, HR Ratings de México, A.M. Best Rating Services, and Demotech, Inc.
According to the U.S. authority, the firms admitted to the facts outlined in the SEC’s respective orders, acknowledged that their conduct violated the record-keeping provisions of federal securities laws, and agreed to pay civil penalties totaling 49 million dollars. Additionally, all the firms have begun implementing improvements in their compliance policies and procedures to address these violations.
The SEC further clarified in its statement that, with the exception of A.M. Best and Demotech, each credit rating agency is also required to hire a compliance consultant. The SEC recognized that A.M. Best and Demotech made significant efforts to comply with record-keeping requirements early on as registered credit rating agencies and cooperated with the SEC’s investigations, thus they are not required to hire a compliance consultant under the terms of their settlements.
“We have repeatedly seen that failures to maintain and preserve required records can hinder staff’s ability to ensure firms meet their obligations and the Commission’s ability to hold those who fail to meet such obligations accountable, often to the detriment of investors. With these actions, the Commission once again makes it clear that there are tangible benefits for firms that make significant efforts to comply and cooperate with staff investigations,” explained Sanjay Wadhwa, Deputy Director of the SEC’s Division of Enforcement.
Por Funds Society, Madrid