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Intermediary Independence: Auditors, Financial Analysts and Rating AgenciesPatrick C. LeyensUniversity of Hamburg - Institute of Law and Economics, Faculty of Law; Max Planck Institute for Comparative and International Private Law April 1, 2011 Journal of Corporate Law Studies, Vol. 11, pp. 33-66, April 2011 Abstract: Auditors, financial analysts and rating agencies are the most important specialised information intermediaries in capital markets. Information intermediation serves to increase the credibility of issuer disclosure and overcome investor uncertainty. A certain minimum level of independence is the basic prerequisite for information intermediation to be operative. All intermediaries face similar problems in regard to impairments of their independence. Legal standards on independence should be based on a consistent theory. Common principles carved out under contract law serve as an inventory for developing a market-based model of independence. This paper argues that independence should be understood as a correlative to market access. Independence as a correlative to market access should guide the assessment of convergence and remaining divergence in the independence standards applicable to auditors, financial analysts and rating agencies.
Number of Pages in PDF File: 34 Keywords: Information Intermediaries, Corporate Governance, Intermediaries, Independence, Intermediary Independence, Auditors, Financial Analysts, Rating, Rating Agencies, Principles, Contract Law JEL Classification: G1, G2, G3, F36, K00, K22, L14, L51 Accepted Paper SeriesDate posted: September 5, 2011Suggested CitationContact Information
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