ESMA · ESMA_QA_1468 Answer Published

Article 6a(1)(a) – Entry into force of the prohibition of holding 5% or more of the capital or the voting right of any other agency (ESMA33-5-87 Q&A 6)

Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009
Topic
CRA Regulation
Submitted
2023-07-17
Answered
2023-07-17

Question

What is the entry into force of Article 6a(1)(a)?

Answer

The obligation for CRAs to identify those shareholders holding at least 5% of either the capital or the voting rights entered into force on 20 June 2013. However, as provided for Article 2 of CRA3 Regulation, Article 6a(1)(a) shall apply from 21 June 2014 as regards any shareholder or member of a CRA which on 15 November 2011 held 5 % or more of the capital of more than one credit rating agency. Consequently, those shareholders or members of a CRA holding 5% or more of the capital or the voting rights of more than one CRA after 15 November 2011 should immediately proceed to reduce (divest) their holding rights in one of the two CRAs under 5% of the capital or voting rights. Therefore, by 21 June 2014, there should not be any shareholder or member of a EU registered CRA holding 5% or more of the capital or the voting rights of more than one CRA “acquired” on or before 15 November 2011. This requirement does not apply to investments in other CRAs belonging to the same group of CRAs.

This Q&A is published by European Securities and Markets Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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