Government of pakistan securities and exchange commission of pakistan notification
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Credit-Rating-Companies-Regulations-2016-Amended-till-September-19-2022
Page 9 of 54
Provided further that this restriction shall not apply to a director of a credit rating company nominated as a director of an entity by the Federal Government or a Provincial Government or an institution which is directly or indirectly owned or controlled by the Federal Government or a Provincial Government. (3) A credit rating company must not accept a rating assignment where a person directly or indirectly, holding more than 10% of share capital of the credit rating company also holds directly or indirectly 10% or more of the share capital of the entity which is subject to rating or of the entity which issued the instrument subject to rating by the credit rating company. (4) [Any change in credit rating company’s shareholding that entitles the shareholder to more than ten per cent (10%) shareholding shall require prior written approval of the Commission] 21 (5) No director, officer or employee of the credit rating company shall communicate the information, acquired by him for use for rating purposes, to any other person except where required under law to do so. (6) A proposed director, chairman or chief executive of the credit rating company shall not assume the charge of office until its appointment has been approved by the Commission in writing. The application for seeking approval of the Commission shall be submitted by the credit rating company along with the requisite information required under the Fit and Proper Criteria along-with the undertakings specified therein: Provided that the existing credit rating company shall take prior approval from the Commission for re-appointment of its existing chief executive and its board of directors. (7) A credit rating company shall not,- (a) rate its own instruments; (b) hold or transact in trading instruments presenting a conflict of interest with credit rating company; (c) rate its associated companies and undertakings or the instruments issued by them, [except as explicitly provided in these regulations;] 22 (d) disclose or discuss with outside parties or make improper use of the non-public information which has come to its knowledge during business relationship with the customer; 21 Substituted for the text “A credit rating company shall not change its shareholding without written approval of the Commission” vide S.R.O. 1755(I)/2022 dated September 19, 2022 22 Inserted text vide S.R.O. 1755(I)/2022 dated September 19, 2022 |
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