As a consequence of Dodd-Frank, rating agencies worried about expert liability. But should their concerns go further?
Dodd-Frank contains a provision that spells bad news for rating agencies and issuers that are required to include credit ratings in official registration statements. The financial reform bill, which was signed into law today, removes the exemption rating agencies have enjoyed form Securities Act rules that deem those parties who prepare or certify a registration statement as being subject to expert liability. Issuers thus much seek consent, which the rating agencies are reluctant to give until they consider the consequences.