Policy in respect of ‘What Constitutes Non-Cooperation’
Last Reviewed On: March 31, 2023 (Version 6)
- For the purpose of surveillance and review, Acuite
calls for information / data from rated entities. In terms of the
Agreement entered into by the issuer/borrower with Acuite, the former is,
inter alia, required to:
- Furnish on a continuous basis all information
in a timely manner as may be required by Acuite during the lifetime of
the facility(s) / security(s) rated by Acuite and
- Pay the annual surveillance fee and all other
charges billed by Acuite in full.
- Furnish No Default Statement (NDS) on a
monthly basis
- Acuite shall follow a uniform practice of three
consecutive months of non-submission of No Default Statement (NDS) by the
borrower / issuer (or inability to validate timely debt servicing through other
sources including but not limited to lender / trustee feedback) as a ground for
considering migrating the ratings to "Issuer Not Cooperating” (INC) and shall
tag such ratings as INC within a period of 7 days of three consecutive months
of non-submission of NDS. Acuite in its judgement may migrate a rating to the
INC category before the expiry of three consecutive months of non-receipt of
NDS. However, this will not apply where the issuer is able to establish (i)
technical or procedural issues for NDS submission to the satisfaction of Acuite
OR (ii) a track record of timely debt servicing for the period as stipulated
above.
These guidelines will not apply to outstanding
ratings in the 'C' and 'D categories as such issuers are expected to be
delaying or defaulting on their unrated and rated debt servicing obligations. A
monthly statement that confirms default is not expected to trigger any further
rating action.
- Steps
to be taken under various scenarios in order to ascertain the status of
non-cooperation by the issuer company:
- In case the rated entity does not provide the
information called for by Acuite and does not respond to telephonic
follow ups by Acuite personnel, Acuite shall send a reminder through
email / letter to the rated entity.
- Similarly, in case the annual surveillance
fee and any other amounts payable to Acuite are not paid in full and on
time, Acuite will remind the rated entity to pay the annual surveillance
fee and all other amounts payable to Acuite through email / letter.
- The issuer entity fails to submit No-Default
Statement (NDS) for three consecutive months and Acuite is not able to
validate timely debt servicing through any other means.
- Acuite seeks event-specific, time-sensitive
information beyond the minimum required information and the issuer fails
to furnish the same.
- Non-submission
of material information including (but not limited to) the following:
a. Non-submission of quarterly financial results or
performance results or audited financial results within prescribed timelines
b. Current and past operational details including
details about capex plans
c. Debt obligations and repayment details
d. Any other issue felt appropriate by Acuite as per
internal assessment or as laid down by Acuite in its internal policy / manual.
- For any one or more reasons as stated above,
the entity will be considered as a non-cooperating entity and accordingly
the rating (including if necessary a downward transition) will be flagged
as "Issuer Not Cooperating” (INC).
- "Assessing
the risk of non-availability of information from the issuers”: An instance where an issuer (whether or not
flagged off as INC) has failed to cooperate (please refer point 3 above),
is considered by Acuite to be fraught with serious information risk. Such
risks may also manifest due to non-cooperation by issuer in sharing
additional information (that goes beyond the standard, minimum
information) and is event-specific and / or is time-sensitive in nature
usually emanating from an event that at times only the issuer entity
(unlisted) may be privy to. If Acuite is of the opinion that lack of
cooperation by such an entity coupled with information risk makes the
currently outstanding rating untenable, Acuite may take necessary rating
action that may include a multi-notch rating transition. In addition to
publishing the Press Release, Acuite may also, update the lender(s) /
investor(s) with the rating action so taken.
- If an issuer has outstanding ratings as
non-cooperative for more than 6 months, then Acuite shall downgrade the rating
assigned to the security of such issuer to non-investment grade with INC
status.
- Acuite will not assign a new rating(s) to an
issuer if the issuer has its outstanding rating(s) tagged as "Issuer
not cooperating” with all other Credit Rating Agencies (CRAs) for a
continuous period of preceding 12 months. For Acuite to assign a new
rating(s), the issuer will have to resume cooperation with at least one
existing CRA (for issuers with outstanding ratings from 2 or more CRAs)
and have the tag "Issuer not cooperating” removed in the latest press
release OR have its rating(s) - (tagged as "Issuer not cooperating”)
- withdrawn from its existing CRA(s). In cases where a rating agreement
was executed (between an issuer and Acuite) before 12 months (from the date
of publication of PR with the INC flag by previous CRA), the rating
process culminating in publishing of Press Release (after acceptance of
rating assigned by Acuite) will necessarily have to be before the expiry
of 12 months from the date of publication of PR with the INC flag by the
other CRA for that issuer.
- Acuite has published minimum / indicative
information requirement for various sectors or types of ratings which is
accessible through this link.