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Fitch: MBIA's Ratings Unchanged After Wells Notice Announcement.


NEW YORK New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 -- The 'AAA' insurer financial strength (IFS) rating of MBIA MBIA Montana Building Industry Association
MBIA Municipal Bond Insurance Association
MBIA Michigan Boating Industries Association
MBIA Municipal Bond Investors Assurance
MBIA Massachusetts Brain Injury Association
MBIA Maryland Business Incubation Association
 Insurance Corp. and the 'AA' long-term debt Long-Term Debt

Loans and financial obligations lasting over one year.

Notes:
For example debts obligations such as bonds and notes which have maturities greater than one year would be considered long-term debt.
 rating of MBIA Inc. (collectively, MBIA) remain unchanged following MBIA's announcement that it has received a Wells Notice A Wells Notice is a letter that the U.S. Securities and Exchange Commission sends to people or firms when it is planning to bring an enforcement action against them. The Wells Notice indicates that the SEC staff has determined it may bring a civil action against the target.  from the staff of the U.S. Securities and Exchange Commission (SEC). The Wells Notice relates to MBIA's use of certain loss mitigation products entered into in connection with losses on MBIA-insured bonds issued by Allegheny Health, Education and Research Foundation (AHERF AHERF Allegheny Health Education and Research Foundation ). The Rating Outlook for MBIA is Stable.

In Fitch's view, the announcement confirms that the SEC's ongoing investigation, which commenced in November 2004, is progressing to a more formal stage beyond the gathering of information. The Wells Notice indicates that the staff of the SEC is considering recommending that the SEC bring a civil injunctive action against MBIA alleging violations of federal securities laws 'arising from MBIA's action to retroactively reinsure re·in·sure  
tr.v. re·in·sured, re·in·sur·ing, re·in·sures
To insure again, especially by transferring all or part of the risk in a contract to a new contract with another insurance company.
 losses it incurred from the AHERF bonds MBIA had guaranteed, including, but not limited to, its entering into excess of loss agreements and quota share agreements with three separate counterparties.'

A resolution of the SEC investigation that does not result in a financial assessment that would exceed MBIA's existing excess capital position is not expected to affect MBIA's 'AAA' IFS rating. Material fines or penalties that exceed excess capital could potentially have ratings consequences.

In addition to the SEC investigation, MBIA also remains subject to separate investigations by the New York State Attorney General's Office and the U.S. Attorney's Office for the Southern District of New York. MBIA has indicated that it is fully cooperating with these regulatory bodies and is actively working towards a resolution of their investigations. Fitch remains in frequent dialogue with MBIA, and developments with respect to these investigations will factor into Fitch's ongoing general review of the company.

The following ratings remain unchanged by Fitch:

MBIA Insurance Corp.

MBIA UK Insurance Limited

MBIA Assurance, S.A.

MBIA Insurance Corp. of Illinois

Capital Market Acceptance Corp.

-- Insurer financial strength 'AAA'.

MBIA Inc.

-- Long-term debt 'AA'.

Fitch's rating definitions and the terms of use Terms of Use are rules set up by the owner of an intellectual property or service to govern how they may be legally used.

In many cases, terms of service are used as a contractual agreement between a company and users of a service they provide.
 of such ratings are available on the agency's public site, www.fitchratings.com. Published ratings, criteria and methodologies are available from this site, at all times. Fitch's code of conduct, confidentiality, conflicts of interest, affiliate firewall, compliance and other relevant policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental  are also available from the 'Code of Conduct' section of this site.
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Publication:Business Wire
Geographic Code:1USA
Date:Aug 22, 2005
Words:402
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