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SEC Proposes Mandatory Credit Ratings Disclosure



by Danielle Carbone
Shearman & Sterling LLP - New York Office

Robert Evans
Shearman & Sterling LLP - New York Office

Stuart K. Fleischmann
Shearman & Sterling LLP - New York Office

Nathan Greene
Shearman & Sterling LLP - New York Office

Joel S. Klaperman
Shearman & Sterling LLP - New York Office

December 14, 2009

Previously published on December 2, 2009

The U.S. Securities and Exchange Commission (“SEC”) proposed new rules that would require issuers to make disclosures about their credit ratings in prospectuses for registered public offerings if they use a credit rating to market their securities. The proposed rules mark a shift in the SEC’s disclosure policy on credit ratings from its current policy of permitting voluntary disclosure to one of mandating disclosure. If adopted as proposed, the rules would significantly add to the disclosure about credit ratings included in registration statements. The proposed rules would apply to registered public offerings by domestic issuers, foreign private issuers and closed-end funds.


 

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