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Intermediary Independence: Auditors, Financial Analysts and Rating Agencies


Patrick C. Leyens


University 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

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Date posted: September 5, 2011  

Suggested Citation

Leyens, Patrick C., Intermediary Independence: Auditors, Financial Analysts and Rating Agencies (April 1, 2011). Journal of Corporate Law Studies, Vol. 11, pp. 33-66, April 2011. Available at SSRN: http://ssrn.com/abstract=1536764

Contact Information

Patrick C. Leyens (Contact Author)
University of Hamburg - Institute of Law and Economics, Faculty of Law ( email )
Rothenbaumchaussee 36
D-20148 Hamburg
Germany
HOME PAGE: http://www.ile-hamburg.de/
Max Planck Institute for Comparative and International Private Law ( email )
Mittelweg 187
D-20148 Hamburg
Germany
HOME PAGE: http://www.mpipriv.de/ww/en/pub/home.cfm
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