April 24, 2024

Fair Game: Credit-Rating Club Is Tough to Get Into

That was probably a common response to the news last week that the Justice Department had filed a civil suit against Standard Poor’s, one of the two big credit ratings agencies that were so central to the mortgage boom and bust. The department said that S. P. misled investors by presenting its ratings as the product of objective analyses when, the suit says, they were more about generating revenue to the firm. S. P. denied the allegations, saying it was prepared to go to trial. 

Many people have been disappointed that S. P. and Moody’s Investors Service, the big and powerful companies that are supposed to assess the creditworthiness of bonds, have escaped culpability. Not only do these companies still hold sway in securities markets, they’ve also hung on to their lush profits from the glory days of mortgage origination. During 2005 and 2006, for example, Moody’s made $238 million by rating complex mortgage instruments. Investors who trusted those ratings lost billions.

Given that the financial crisis began unfolding more than five years ago, it is discouraging to see how entrenched the large and established ratings companies remain. Ratings are still used to determine bank capital requirements, and investors rely heavily on them.

Over the years, lawmakers have tried to open up the duopolistic world of ratings agencies to greater competition and, therefore, better performance. Legislation in 2006 encouraged the Securities and Exchange Commission to let new companies into the ratings club. The commission set up the Office of Credit Ratings to register new entrants and to monitor all participants’ activities. Today, 10 credit ratings agencies are recognized by the S.E.C.

But gaining regulatory approval to join the ratings arena is exceedingly burdensome. That, at least, has been the experience of RR Consulting, a firm with a stable of highly respected credit analysts and an enviable record of having predicted the mortgage mess in 2003.

RR has been trying to get recognition as a credit rating agency since 2011. Frustrated by what it perceives as roadblocks erected by the S.E.C., its executives are beginning to wonder if the commission really wants increased competition.

The firm was founded in 2000 by Ann Rutledge and Sylvain Raynes, experts in structured finance who previously worked at Moody’s. It is a small shop, with seven employees, but its clients include investors, small and medium-size banks, financial regulators and other institutions. RR’s specialty is risk measurement for all asset types.

RR’s approach differs from traditional ratings agencies because, in addition to being able to rate new issues, it analyzes risks in securities that are trading in the secondary, or resale, market, after they are issued. By contrast, S. P. and Moody’s became known for giving mortgage securities high ratings and downgrading them only when defaults were soaring. 

 “In the primary market, everyone prices a security around the credit rating,” Ms. Rutledge says. “In the secondary market, no one cares about the credit rating; what they want is valuation. We connect primary-market ratings with secondary-market valuations.”

THE RR distinction between a rating and a valuation, however, seems to pose a problem when it comes to getting S.E.C. approval as a ratings agency, Ms. Rutledge says.

By law, many requirements must be met before a firm can become a ratings agency. Chief among them is that the applicant must provide letters from 10 “qualified institutional buyers” that have used the company’s ratings over the previous three years.

RR has had difficulties with its letters. One was rejected because its writer identified the firm’s work as ratings or valuations, not simply as ratings, Ms. Rutledge says. Another letter failed to pass muster because it was from a German institution that characterized itself as the equivalent of a qualified institutional buyer. When a foreign institution could not get its letter notarized as required — notaries are not as common overseas — it was not good enough for the S.E.C.

And not all clients want to write such a letter for use by the S.E.C. Instead, some said they would discuss the company’s work by telephone. The S.E.C. rejected the idea.

“It’s extremely difficult for us to satisfy the ‘10 qualified institutional buyers’ requirement,” Ms. Rutledge says. “Proof that you’ve done business with them is not enough; it says you must have letters. And they have a suggested text for the letter. When we changed the text slightly they said it was not in conformity.”

Article source: http://www.nytimes.com/2013/02/10/business/credit-rating-club-is-tough-to-get-into.html?partner=rss&emc=rss

DealBook: R&R Consulting Sets Sights on Being a Credit Ratings Agency

Ann E. Rutledge and Sylvain R. Raynes are the founders of RR Consulting. They plan to name their new business Trade Metrics.Ozier Muhammad/The New York TimesAnn E. Rutledge and Sylvain R. Raynes are the founders of RR Consulting. They plan to name their new business Trade Metrics.

Credit ratings agencies have few friends on Wall Street or in Washington.

Politicians have pilloried them for bestowing top marks on risky mortgage investments. Big investors have accused them of missing the problems with subprime loans. And regulators have been writing rules to diminish the importance of their ratings.

But Ann E. Rutledge and Sylvain R. Raynes, two veteran credit analysts who founded RR Consulting, think it is an ideal time to enter the industry. After more than a decade of running their own firm, they are applying to be officially recognized by the government as a credit ratings agency. They aim to inject a dose of reality into an industry that they say has been clouded by a desire to please clients.

“Somebody has to do it,” Ms. Rutledge said. “In this business, if there isn’t somebody in the middle who is willing to tell the truth, then there is no basis in trust.”

It has been a slow and arduous process.

In 2006, Congress developed guidelines for potential credit ratings agencies to become licensed. Lawmakers hoped the new rules would encourage smaller players to jump into the industry and shake up the business, which traditionally had been dominated by Standard Poor’s and Moody’s.

Still, the hurdles remain high, say upstarts like RR, which plans to operate under the name Trade Metrics after it gets licensed. Applicants are required to furnish 10 letters from banks, pension funds or other institutions that have used their credit ratings.

But customers can be reluctant to vouch for a fledgling credit ratings agency. Experts say that some companies may see little benefit, and even a potential liability, in revealing what can be a confidential business relationship. RR, which has had dozens of clients, has been able to get only eight letters in a little more than a year.

One RR client, Charles W. Gerber, the president of the boutique investment bank Triumph Global Securities, turned down the firm’s request, citing the advice of counsel. In an e-mail, Mr. Gerber declined to elaborate on his relationship with the ratings company.

“Customers may be happy to employ RR, and pay some fees, but a public vouching may be more than the customer wants to do,” said Lawrence J. White, a professor at the Stern School of Business at New York University, who has testified before Congress on credit ratings agencies. Some customers, he said, may ask, ‘What’s in it for me?’ ”

In the years since the rule passed, the makeup of the industry remains relatively unchanged. Just nine credit ratings agencies have the government’s approval, compared with five before 2006.

Ms. Rutledge, 58, and Mr. Raynes, 54, are undeterred. With RR, they are aiming to take on the giants. As they see it, credit ratings agencies are paid to provide the critical perspective.

“An architect can design a building that is going to collapse. A civil engineer cannot afford to do that,” said Mr. Raynes, an engineer by training. “That’s why they don’t like each other.”

It is a philosophy honed over two decades in the business. The married couple first met in the 1990s at a training class while working at Moody’s. Ms. Rutledge, who was based in Hong Kong at the time, says she was initially put off by Mr. Raynes’s messy handwriting, but she soon found him to be “the smartest” analyst at the firm. They said that in those days, Moody’s was like a university, with an open exchange of ideas.

By the late 1990s, they had become disenchanted with the business. In Mr. Raynes’s view, it was transforming into a “rollover shop,” aiming to please its clients rather than to offer sometimes-critical opinions.

Michael N. Adler, a Moody’s spokesman, said that “the quality and independence of our credit ratings has always been of paramount importance to us, and we have strong protections in place to separate the commercial and analytical aspects of our business.”

The pair, which started RR in 2000, have offered a variety of services over the years. They have written two textbooks on the makeup of structured securities. They have taught college courses and have trained officials at the Federal Deposit Insurance Corporation.

They also have been vocal critics of the flaws in the financial system. In early 2004, speaking at an event sponsored by New York University, Ms. Rutledge argued that the boom in complex securities like collateralized debt obligations paralleled the events leading to the market crash of 1929. With home values soaring at the time, the reception to her warning was icy, she recalls.

Last year, Mr. Raynes’s appearance on CNBC went viral after he suggested facetiously that Jim Cramer, host of the program “Mad Money,” was a “public relations officer” for Goldman Sachs. Mr. Cramer, who had been discussing a big lawsuit by the Securities and Exchange Commission against Goldman, dismissed the charge, taking offense.

RR, which operates out of a small office near New York’s Grand Central Terminal, offers clients the same blunt talk. The firm’s seven employees use custom-built software to predict defaults in portfolios of loans, or to rate investments like asset-backed securities. If a deal doesn’t pass muster, they let their clients know.

“We consider them our third-party independent advisers slash consultants,” said Magchiel Groot, a senior investment officer at the Netherlands Development Finance Company, a public-private bank based in The Hague. “We present a case to them, and then we let them shoot at it.”

Article source: http://feeds.nytimes.com/click.phdo?i=8ff28ff431eb620dec5f8c2679738053