Scope and Legal Boundaries of Accreditation
- CRA accreditation does not remove liabilities and responsibilities.
- The Commission is not liable for losses from CRA selection by issuers.
- Accreditation is valid until suspension or revocation after notice and hearing.
- Unauthorized use of the CRA title is subject to sanctions.
Requirements for CRA Accreditation
- Must be a stock corporation with a minimum paid-up capital of PHP 10 million.
- At least five years of operational experience as a CRA.
- Qualified, independent officers and personnel, and no conflicts of interest with clients.
- Submission of corporate documents, ownership structure, rating methods, agreements, and governance manual.
- Initial accreditation fee of PHP 60,000; annual fee of PHP 12,000 with suspension and termination for non-payment.
- Timely update of information to the Commission required.
Operating Requirements: Pre-Rating and Contractual Obligations
- Formal written contract between CRA and rated entity defining obligations, cooperation, and rights.
- No promise or guarantee of specific rating outcomes during business solicitation.
- Clear communication of rating definitions, criteria, policies, and publication of methodologies.
- Adequate resources, staff training, and increased capital requirements after three years.
- Organizational separation of analytical and business development functions to maintain independence.
Rating Process and Committee Responsibilities
- Adoption of standardized definitions of default and rating scales.
- Detailed operational manual outlining rating steps and timelines to ensure quality.
- Continuous updating and publication of rating criteria, surveillance and review policies.
- Ratings decided by a qualified, independent rating committee with transparency and record-keeping.
- Accompanying rating reports with reasons and key factors influencing the rating.
- Defined appeal and review process for rating disputes.
- Publication of all rating actions promptly, with continuous surveillance until withdrawal.
- Proper disclosure of related ratings and conflicts of interest.
- Maintenance of comprehensive records and clear disclaimers regarding rating limits.
Confidentiality Requirements
- All information from issuers is confidential; used only for rating purposes.
- Confidentiality policies binding on all employees with written acknowledgments.
- Board directors excluded from accessing confidential information unless on rating committee.
- Confidentiality is a contractual obligation documented in rating agreements.
Independence and Conflict of Interest Policies
- Clear policies defining and avoiding conflicts of interest.
- Ratings unaffected by business relationships; transparent disclosures required.
- Employee declarations on potential conflicts and trading restrictions.
- Required segregation of duties and compensation independence for analysts.
- Public disclosure of ownership and material client revenue percentages.
- Prohibition on selective disclosure of non-public information.
- Provisions addressing handling conflicts in related parties and promotional settings.
Policies Regarding Private, Unsolicited, and Unaccepted Ratings
- Private ratings kept confidential with no public disclosure or use for public debt raising.
- Unsolicited ratings clearly distinguished and not used coercively.
- Unaccepted interactive ratings remain confidential; disclosure only to regulators or courts.
General Code of Conduct and Compliance
- Adoption and publication of a code of ethical conduct aligned with international standards.
- Mandatory employee commitments to ethical compliance.
- Establishment of compliance officers and whistleblower policies to monitor and enforce ethics.
Outreach and Market Education
- CRAs to publish industry-wide reports and conduct investor education through various communications.
Reportorial Obligations
- Submission of credit rating reports and annual activity reports to the Commission.
- Disclosure of rating changes or information denial within five business days.
Penalties for Non-Compliance
- Suspension, revocation, or fines imposed after due process for violations of guidelines.
Transition and Effectivity
- Existing CRAs to submit Manuals of Operation within 30 days.
- Initial reportorial compliance deadline set.
- Guidelines effective 15 days after last publication.