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A Strict Liability Regime for Rating Agencies

SSRN Electronic Journal
2014
  • 2
    Citations
  • 4,355
    Usage
  • 3
    Captures
  • 0
    Mentions
  • 0
    Social Media
Metric Options:   Counts1 Year3 Year

Metrics Details

  • Citations
    2
    • Citation Indexes
      1
    • Policy Citations
      1
      • 1
  • Usage
    4,355
    • Abstract Views
      3,672
    • Downloads
      683
  • Captures
    3
    • Readers
      3
      • SSRN
        3
  • Ratings
    • Download Rank
      79,436

Article Description

This paper argues that a mitigated strict liability regime can incentivize Credit Rating Agencies (CRAs) to produce ratings as accurate as the available forecasting technology allows. A damage cap based on objective factors is introduced in order to avoid crushing liability. Moreover, CRAs are allowed to choose how much to commit to their predictions. CRAs may opt out of liability even entirely, unless their ratings are relevant for regulation. Finally, corrections in the relevant timeframe for the imposition of liability are introduced in order to protect CRAs from systemic risk.

Bibliographic Details

Alessio M. Pacces; Alessandro Romano

Elsevier BV

law & economics; financial regulation; rating inflation; probability of default; crushing liability; imperfect foresight; systemic risk; structured finance

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