Divided by a common language? The European Commission’s close interest in credit ratings reflects not a transatlantic misunderstanding but a global one. Triple A does not, in fact, always mean triple A.

The agency problem
© Financial Times
The flawed ratings accorded to US subprime mortgages and the fragile tower of securities built on top of them raise questions about the competence of Standard & Poor’s, Moody’s and Fitch, as did the Enron and WorldCom collapses. But irrespective of this, the agencies are under scrutiny partly because their position seems increasingly untenable. On the one hand, they profit from a privileged status. US laws and global Basel II capital rules sanctify their ratings – operating margins above 50 per cent are the result, for Moody’s at any rate. Yet on the other, while they may aim to act responsibly, the agencies reject both liability and regulation, claiming the same constitutional free speech protection in the US as much less profitable journalists do.

To a point it was ever thus. But the blossoming of complex structured finance has changed things. It has made the agencies look like the willing helpers of fee-hungry investment bankers exploiting the narrower byways of rating policy. And the ratings carry more weight because analysing the instruments is so daunting – even though investors should do their own work, especially when yields look suspiciously high for a certain rating. To be fair, it may be reasonably safe to assume that a structured finance triple A will almost never default. But as investors are finding out and the agencies are belatedly trumpeting, the traditional trappings implied by a triple A rating – a relatively stable market valuation, for example – cannot be relied on.

The slowdown in structured finance issuance has already penalised Moody’s shares and those of McGraw-Hill, parent of S&P. No doubt some investors in rated securities are also hoping to exact legal redress. In the meantime, the agencies need to refine their arguments if they are once again to see off European regulators. 

Copyright The Financial Times Limited 2024. All rights reserved.
Reuse this content (opens in new window) CommentsJump to comments section

Follow the topics in this article

Comments

Comments have not been enabled for this article.