GEN 2.27.2 Guidance
1. The effect of GEN Rule 2.27.1 is that even if a
Person undertakes from a place of business in
the DIFC some but not all of the Credit Rating Activities for the purpose of producing a
Credit Rating, that Person needs to have a Licence authorising it to Operate a Credit
2. Where a
Credit Rating Agency outsources some of its Credit Rating Activities, it will
need to ensure that it meets the relevant requirements, including those relating to
outsourcing, in GEN Rule 5.3.21.
3. There is no express prohibition against carrying on the
Financial Service of Operating a
Credit Rating Agency by Persons who are authorised to carry on other Financial Services.
However, the specific conduct requirements applicable to Credit Rating Agencies in COB
chapter 8, include a prohibition against certain types of consultancy and advisory services
being provided by a Credit Rating Agency. Therefore, even if a Credit Rating Agency
has an appropriate Licence authorising it to provide advice on financial products, it will
not be able to provide the prohibited type of consultancy and advisory services.
Person may provide a private Credit Rating for the exclusive use of another Person
(Second Person) without seeking a License authorising it to Operate a Credit Rating
Agency where the Credit Rating is produced based on the request of the Second Person
and is not intended to be disseminated to the public or distributed by subscription. Such a
Person may wish to include an express warning in the Credit Rating that it is intended
only for the exclusive use of the Second Person and obtain from such Second Person a
prior written undertaking that the Credit Rating will not be disseminated to the public or
distributed on subscription.
5. Credit scoring referred to in GEN Rule 2.27.2 is a method of assessing creditworthiness. A credit score is primarily based on credit report information typically sourced from credit bureaus. A
Person does not become a Credit Rating Agency merely by preparing or
providing credit assessments. Lenders, such as banks and credit card companies, use
credit scores to evaluate the potential risk posed by lending money to consumers and to
mitigate losses due to bad debt. Insurance companies, and government departments also
employ the same techniques.
[Added] DFSA RM96/2012 (Made 24th July 2012) [VER30/07-12]