2009
By Denis on Saturday 28 November 2009, 22:21 - Permalink
Governments pledged financial reform. Where is it?
In August, Gillian Tett noted in Eliminate financial double-think that for
the first seven years of this decade, most politicians, voters (and
journalists) effectively ignored the extraordinary revolution brewing in the
debt and derivatives world, because these areas of finance were widely (and
wrongly) believed to be very boring, or so complex they could only be
understood by a tiny technocratic elite. She continued with nice examples
of unchecked inconsistencies (bankers promoting free market rhetoric while
preventing the widespread dissemination of detailed data on, say, credit
derivatives prices... Bankers having taken the idea of creative destruction as
an article of faith, while assuming their own industry would never suffer too
violent a wave of creative destruction... Bankers assuming securitisation
(slicing and dicing risk) would create a more “complete”, free-market financial
system while, by 2005, credit products had become so complex and bespoke, that
most never traded at all).
The situation is the same today. Trader bashing still has a few addicts but how
many articles did you see explaining how finance works, challenging assumptions
and status quo (at the moment, challenging the consensus means
defending financiers).
In June, an analysis by Martin Wolf was making clear the cautious approach to
fixing banks will not work.
In August, Jean-Claude Trichet, the head of the European Central Bank,
cautioned against a relapse into complacency and failure to carry through on
promised financial reforms, as reported by the FT.
When Mr Caruana, the head of the Bank for International Settlements (BIS),
warned against
complacency ahead of the G20 in September, he stressed that higher
capital requirements were the key reform, and would feature
“counter-cyclical buffers” designed to ensure banks had enough high-quality
capital in good times that they could eat through in times of trouble. Ahead of
the same summit, I had commented on capital
requirements. In preamble of his excellent
analysis on narrow
banks as a solution, Martin Wolf wrote: What entered the crisis was (...)
an ill-managed, irresponsible, highly concentrated and undercapitalised
financial sector, riddled with conflicts of interest and benefiting from
implicit state guarantees. What is emerging is a slightly better capitalised
financial sector, but one even more concentrated and benefiting from explicit
state guarantees. This is not progress: it has to mean still more and bigger
crises in the years ahead. Still...
In November, Clive Crook accurately wrote that the Congress misses the point of reform: the need for
higher capital requirements is universally acknowledged. Better-capitalised
institutions can weather storms that would sink their under-capitalised
counterparts. Even if nothing else happens, additional capital would mitigate
the problem of “too big to fail” by making failure less probable. But, as Lord
Turner also remarked, discussion of what those requirements should be has
hardly even begun.
He also fairly noted that a second main cause of the financial meltdown is
barely even recognised (...) Too many US households and financial institutions
got too deeply in debt. Housing-related debt was especially implicated in the
mess. And it just so happens that debt in general, and housing-related debt in
particular, attracts enormous implicit subsidy, especially in the US. (...) one
surely ought to look hard at the tax policies that actively encourage
indebtedness.
No wonder faith in governments' ability to reform is questioned.
Beyond capital, the reform was meant to focus on regulating derivatives markets.
In September, rooting speculators out of derivatives market was such a focus
that final clients started worrying they'd be
excluded as well from such markets! Progress was made on central clearing
mostly by reforming the quoting mechanism of credit derivatives (toward fixed,
standard, running spreads and variable up-fronts), with strong
support from
exchanges, but the movement is not finalized yet.
Mid-October, it
seemed no further progress was achieved. As
reported on
Bloomberg, Thomson provided the first test of the procedures for settling
contracts triggered by a restructuring in Europe when it said in August it was
deferring payments on $72.5 million of 6.05% private notes due this year.
Deferring on part of the debt is a credit event, but is not a full default...
The system for restructurings uses multiple auctions that set different
payouts based on swap expiration dates. Dealers couldn’t settle the Thomson
contracts with simpler failure-to-pay procedures that produce one recovery
value because they were unable to prove the electronics company defaulted. To
determine the size of the payouts on contracts covering $2 billion in debt,
bonds and loans were split by maturity date ranges into three so-called buckets
and sold at auction. So far so good, but then contracts that expired
on June 20, 2012 -- the first bucket’s latest date -- sold for 96.25% of the
face amount, meaning swap holders received 3.75% of the amount "covered." Swaps
expiring a day later paid 34.875% (because the debt in that bucket went for
65.125%). Clearly the progress achieved did not yet lead to a satisfactory
situation.
Finally, after capital and after regulating derivatives, the last pillar of the reform should have been accounting standards.
In March, I had warned
on the looming scandal but I was still under-estimating the horror that was to
come. Early July, European Union finance ministers backed proposals for
urgent reforms to lessen the impact of economic cycles on the banking sector.
Meeting in Brussels, ministers agreed fundamental
changes were needed to banking and accounting rules to encourage banks to build
up bigger capital cushions in good times, which could be drawn on in an
economic downturn. The City was already
fighting back the
U.K. chancellor's proposals on regulatory capital, so the busy U.K. government
would not fight too hard for accounting standards...
BIS chief called for
evolution, not revolution, but despite repeated
calls for reform,
Europe did postpone reforms: Brussels
warned that a radical
overhaul of rules on how banks value their assets could lead to greater
volatility in their accounts, undermining broader financial stability. With
such
poor justification, the EU
delayed adoption of
accounting rule changes.
At this stage, you might be forgiven for asking: what were the
politicians thinking? Well, very early, the U.K. resisted any European
influence on the City ("protecting the competitiveness of the City"). This led
France, who already had ambitions, to push even stronger for control of the key
job of internal market commissioner in the new Commission. France successfully
got
Michel Barnier in the
job, which is a disaster given the minister was well known for not
understanding a word from his advisers when he briefly was Foreign minister in
France! He was known to have been a decent regional commissioner, but I guess
agricultural subsidies and bank subsidies are not similar. Cows and credit
derivatives, all the same? The English and their City fear the worst, and they may be right
on this one... As long as politics think about their pawns in this job or that
job, rather than reforms, no good reform will come up.
Last but not least, lessons are not learnt yet.
Tony Jackson wrote in the FT an excellent article about carbon trading and
its simplicity and harmless potential, but included a warning sign: When I
first studied credit derivatives six years ago I decided they were harmless,
precisely because they were still fairly simple. I also took heart from the
fact that several banks and insurers had blundered into this (at the time)
new market and retired hurt. But in the event, that simply gave remaining
operators the false assurance that they knew what they were doing. (A
situation that contributed to the recent financial crisis) And sure enough,
several continental banks and insurers have recently retired hurt from carbon
trading.
From another perspective, Richard Bernstein wrote to the FT that lessons of investing are still ignored.
2009, the wasted opportunity?
Comments
My post above was timely: the Thomson default just changed status, as
reported on
Bloomberg, with a settlement that will
cover all outstanding contracts on Thomson that weren’t resolved in auctions
last month.
Mr Darling, writing in The Times, said that it would be a “recipe for confusion” if firms were supervised by the EU as well as national watchdogs and that Britain would not accept new laws that could lead to taxpayers picking up the bill for bailouts ordered by Brussels... Obviously, English like Europe when it serves them (or if they receive and don't pay), but they consider subsidiarity only when it relates to their direct interest. When national regulators failed, Europe has its place...
Subsidiarity showed its limits in financial regulation so it
is time to consider that "passporting" is not the only european regulation that
may apply to the financial sector. But the Brits will not admit so, for fear of
allowing competition in financial services that could "harm" the City, for them
as much the chicken that laid the golden egg as the Golden Calf. Sarkozy's
statements will not help.
As his first task, Michel Barnier,
new EU markets chief,
tried to calm City jitters. While this shows diplomacy, the noise is still
a distraction. When will we start talking reform, not fear of the reform? In
the meantime, one may read the portrait of
Michel Barnier in the FT...
As reported on Bloomberg,
Regulators resist Volcker wandering warning of
Too-Big-to-Fail. Reform is not for tomorrow!
Given his past in the industry, Philip Purcell's opinion,
Three steps to a safer
financial system, is worth a read.
Also of interest, Amity Shlaes' comment:
Recession Repeat
Lurks Without White House Truce.
The FT published an interesting opinion by Robert Reich (former US labour secretary, professor of public policy at the University of California at Berkeley) in
Why Obama must take on Wall Street. I'd say this only
confirms what I've been saying here: close your eyes and you could be back
in the wilds of 2007. Bankers are still making wild bets, still devising new
derivatives, still piling on debt. The big banks have access to money almost as
cheaply as in 2007, courtesy of the Fed, so bank profits are up and bonuses as
generous as at the height of the boom. (...) All could be forgiven if the
House and Senate committees with responsibility for coming up with new
regulations were about to come down hard on the Street and if the Obama
administration were pushing them to. But nothing of the sort is
happening.