§78o–8 — Title 15 Commerce and Trade | U.S. Code

Summary

The Commission must require each nationally recognized statistical rating organization (a big credit-rating agency) to keep written rules that: estimate how likely an issuer is to miss or stop payments; explain what each rating symbol means; and use each symbol consistently wherever it’s used. A rating agency may still use different sets of symbols for different kinds of securities or money market instruments.

Title 15, §78o–8

Commerce and Trade — Source: USLM XML via OLRC

(a)The Commission shall require, by rule, each nationally recognized statistical rating organization to establish, maintain, and enforce written policies and procedures that—

(1)assess the probability that an issuer of a security or money market instrument will default, fail to make timely payments, or otherwise not make payments to investors in accordance with the terms of the security or money market instrument;

(2)clearly define and disclose the meaning of any symbol used by the nationally recognized statistical rating organization to denote a credit rating; and

(3)apply any symbol described in paragraph (2) in a manner that is consistent for all types of securities and money market instruments for which the symbol is used.

(b)Nothing in this section shall prohibit a nationally recognized statistical rating organization from using distinct sets of symbols to denote credit ratings for different types of securities or money market instruments.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Investor Protection and Securities Reform Act of 2010 and also as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and not as part of the Securities Exchange Act of 1934 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of Title 12, Banks and Banking. Definitions For definitions of terms used in this section, see section 5301 of Title 12, Banks and Banking.

§78o–8 Universal ratings symbols