Sowing the Seeds of a Future Crisis: The SEC and the Emergence of the Nationally Recognized Statistical Rating Organization (NRSRO) Category, 1971–1975

Since 2008, academics and policymakers have frequently debated why bond rating agencies such as Moody's, S&P, and Fitch enjoy considerable power and influence. The 2008 financial crisis focused our attention on the bond rating agencies that had previously categorized mortgage-backed securities as investment grade. Scholars have attributed the power enjoyed by the rating agencies to regulations that confer a privileged status on those agencies that are designated as nationally recognized statistical rating organizations (NRSROs) by the U.S. Securities and Exchange Commission (SEC). While these authors mention in passing that the relevant regulation went into effect in 1975, none has conducted archival research to examine why this regulation was introduced at that time. This article is the first historical investigation of the creation of this crucial regulation, which entrenched the concept of the NRSRO in federal securities law. It shows that the SEC mandated the use of NRSRO-created ratings even though SEC officials vigorously debated whether it was wise for the commission to endorse ratings produced by agencies that operate on the basis of the controversial issuer-pay model. This article contributes to our understanding of the SEC's role in the development of the distinctive features of American capitalism.

Debt Securities

Debt instruments obligate an issuer to make interest payments and repay principal to the buyer according to the terms of an agreement between the lender and the borrower. The yield, or market price of these debt securities is related to the yield on U.S. Treasury securities. Treasuries remain the benchmark for risk-free credit investing, and other yields are related to the risk-free return Treasuries offer. Also known as bonds, debt instruments are attractive to investors because they can provide a reliable stream of cash flows in the form of interest payments and also might provide for the repayment of principal upon maturity. This chapter discusses the features of bonds, types of bonds, bond-rating agencies, special types of debt instruments, and the Securities Act.

Public Policy Made by Private Enterprise: Bond Rating Agencies and Urban America

Since World War II, and especially since the1970s, cities have increasingly relied on municipal bonds as a crucial source of income. At the same time, the bond rating agencies have exerted more influence on potential investors—a development with significant consequences for the nation’s cities. The need for elected officials to measure their actions against possible rewards and punishments imposed by the bond rating agencies allowed private businesses to shape public policies in distant places impervious to the mandates given democratically elected local governments. This paper examines the challenges faced by public officials in three cities (Philadelphia, Chicago, and Detroit) because of the power wielded by bond rating agencies.

Bond Ratings And Their Determinants In A Changing Environment

This study finds that bond rating agencies, to the extent that their behavior is captured in statistical rating models, tend to emphasize different variables over time and that this appears to be systematically related to the economic macro-environment. Specifically, the study finds that bond ratings are more sensitive to various measures of cashflow stability and solvency in an economically unstable period relative to a more stable period.