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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

ESG ratings play a major role in how investors choose companies for ESG-aligned portfolios. However, as we have pointed out on numerous occasions (here, here, and here foe instance), there are significant flaws in the current ratings market. Financial Times ran a piece recently that broke down many themes behind distrust of rating agencies. The article compares ESG ratings to financial ratings pointing out two key differences:

“Analysts are not yet subject to regulatory scrutiny on conflicts of interest, and they work in part on unaudited environmental, social and governance data, rather than in audited financial statements.”

These perceived conflicts of interest and unreliability of underlying data have many questioning the legitimacy and accuracy of ESG ratings. While companies and investors cry foul, ratings firms are sticking to their guns, arguing that they use a variety of methods to ensure that scores are accurate and unaffected by any conflicts of interest. As long as raters’ methodologies and practices continue to be opaque, there will be speculation that there is impropriety in ESG ratings.

Regulators around the world realize that ESG ratings can have a major impact on the market. The EU, UK, and to a lesser extent the US are eyeing the industry for regulation. While increased regulation is generally resisted, it would come with an upside for raters. If there is an independent body providing oversight and setting the rules, then perhaps raters would gain more credibility. No matter how many assurances raters give about their internal controls and practices, the accusations of conflict of interest will persist until an independent body oversees the industry.

If you aren’t already subscribed to our complimentary ESG blog, sign up here: https://practicalesg.com/subscribe/ for daily updates delivered right to you.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile