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Credit Rating Services Act, 2012 (Act No. 24 of 2012)

Chapter 6 : Administration of Act

24. Rules

 

(1) A conduct standard for or in respect of credit rating agencies may be made on any of the following matters:—

[Words preceding section 24(1)(a) substituted by section 290, item 6(a) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

(a) organisational requirements for registered credit rating agencies;
(b) the independence of registered credit rating agencies and the avoidance of conflicts of interest by registered credit rating agencies;
(c) the quality and integrity of credit ratings;
(d) the presentation of credit ratings;
(e) additional obligations in relation to credit ratings of structured finance instruments;
(j) additional disclosures;
(g) adequate and appropriate record-keeping;
(h) fraudulent and misleading  advertising, canvassing and marketing;
(i) suitable  guarantees, professional indemnity or fidelity insurance cover,  and mechanisms for adjustments of such guarantees or cover;
(j) the control or prohibition  of incentives given or accepted by a credit rating agency;
(k) the responsibilities of credit rating agencies to investors and the public; and
(l) any matter that the registrar is required or permitted to prescribe in terms of this Act.

 

(2) The conduct standard contemplated in subsection (1) may—

[Words preceding section 24(2)(a) substituted by section 290, item 6(b) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

(a) apply  to  registered  credit  rating  agencies, credit ratings, endorsed credit ratings or credit rating services generally; or
(b) be limited in application to a particular type of registered credit rating agency, credit rating or credit rating service.

 

(3) [Section 24(3) deleted by section 290, item 7 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)

 

(4) [Section 24(4) deleted by section 290, item 7 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)