February, 2008, Edition of PrefLetter Released!

February 10th, 2008

The February, 2008, edition of PrefLetter has been released and is now available for purchase as the “Previous edition”.

Until further notice, the “Previous Edition” will refer to the February, 2008, issue, while the “Next Edition” will be the March, 2008, issue, scheduled to be prepared as of the close March 14 and eMailed to subscribers prior to market-opening on March 17.

PrefLetter is intended for long term investors seeking issues to buy-and-hold. At least one recommendation from each of the major preferred share sectors is included and discussed.

February 8, 2008

February 8th, 2008

Bill Gross of PIMCO (whose forecast of FedFunds at 3.50% was mentioned here on October 29) has called for rough justice for the monolines:

As long as the illusion lasted, however, it is clear that monoline guarantees fostered an expansion of our modern shadow banking system and therefore an extension of US and even global economic prosperity.

…authorities through both official and backdoor channels now endorse a rescue effort. What is good for Ambac, they reason, is good for the country – and by extension the world.

As stock markets rise on optimistic workout developments, it is clear that it is – in the short run. But like General Motors a half century back, the sense of stability imparted to an oligopolistic industry with visible flaws is not likely to last, nor may the hope for a return to economic growth of recent years. The modern US financed-based economy has a striking resemblance to Barney Fife, guaranteeing global prosperity without the productive industrial-based firepower to back it up. Neither ultra-low interest rates or tax rebates, nor investor-led and authority-based monoline bailouts are likely to change that significantly during the next few years.

I’m inclined to agree with him … as far as I can tell – without specializing in such matters – the monolines are better characterized as hedge funds than anything else. Let them fail!

Treasury trading is showing increasing nervousness:

Traders drove two-year note yields to 172 basis points below 10-year rates, the widest gap since September 2004. The spread signals increasing demand for shorter-maturity debt in anticipation that interest rates will fall. Longer-dated securities are more vulnerable to speculation that rate cuts will revive the economy, spurring inflation and eroding the bonds’ fixed payments.

Two-year notes are poised for the longest stretch of weekly gains since October 1998, while 10-year notes are headed for their biggest weekly loss in almost two months. Thirty-year yields have risen this week by the most in nine weeks.

I am fearful of US inflation, but it takes two to make a market! Janet Yellen, president of the Federal Reserve Bank of San Francisco, takes the other view:

I expect core inflation to moderate over the next few years, edging down to around 1¾ percent under appropriate monetary policy. Such an outcome is broadly consistent with my interpretation of the Fed’s price stability mandate. Moreover, I believe the risks on the upside and downside are roughly balanced. First, it appears that core inflation has been pushed up somewhat by the pass-through of higher energy and food prices and by the drop in the dollar. However, recently, energy prices have turned down in response to concerns that a slowdown in the U.S. will weaken economic growth around the world, and thereby lower the demand for energy.… Another factor that could restrain inflationary pressures is the slowdown in the U.S. economy. This can be expected to create more slack in labor and goods markets, a development that typically has been associated with reduced inflation in the past.

We shall see! 

I’ve added another blog to the blogroll … Across the Curve. As with Accrued Interest, I don’t know the guy (John Jansen) and haven’t verified any of his claimed credentials … but I’ve read his posts and yes, he’s been a player.

I discussed the effect of the TAF on bank reserves – and hysterical reactions thereof – on January 29. Naked Capitalism is now republishing a UBS research note that, frankly, I don’t understand at all:

What if the Fed’s rate cuts aren’t motivated by the desire to stave off recession, rather they’re to prevent a major banking crisis. Not one of escalating subprime losses or monoline downgrades, but actually a sheer lack of cash. The Fed’s not telling anyone what it’s up to because it doesn’t want to cause panic, but the evidence is actually there in its own data…

Ok, so things might not be quite as bad as that, but the situation isn’t far off. That’s because of the TAF. ….a savvy bank can put down lesser quality paper that it can’t generally do very much with (and certainly no one else really wants it), raise funds through the TAF, then use those funds to put down as reserves, and then conveniently gets paid a modest rate of interest against those reserves (which acts as a partial offset against the TAF). While there’s a small net cost to the banks, the real loser here is the Fed, what it gets stuck with is an ever growing pile of collateral.

Now consider this – that collateral is actually what’s backing the entire US banking system by way of its conversion to dollars and then the flow of those same dollars back to the Fed….

All this changes the complex of the US banking system somewhat. From the gold standard to the subprime standard perhaps?

In the first place, there is no interest paid on reserve balances. In the second place, the monetary effect of the TAF was neutralized by the Fed’s sale of T-Bills. I note Caroline Baum’s column and say: one may take a view on the advisability of the TAF, one may take a view on capital adequacy, and one may take a view on inter-bank lending; but any hullaballoo over “negative non-borrowed reserves” is hysterical nonsense:

The writer of the e-mail directs his readers to the most recent H.3 report, which shows total reserves ($41.6 billion) less TAF credit ($50 billion) less discount window borrowings ($390 million) equals non-borrowed reserves (minus $8.8 billion). The negative number is really an accounting quirk: If banks borrow more than they need, non-borrowed reserves are a negative number.

This gentleman is overlooking the fact that the Fed is “a monopoly provider of reserves,” said Jim Glassman, senior U.S. economist at JPMorgan Chase & Co. “This is a non-starter. There is no such thing as a banking system short of reserves. The Fed has absolute control over the supply.”

[Update: See also Felix Salmon at Why Non-borrowed Reserves Don’t Matter] 

On the Better-Living-Through-More-Rules front, SEC Chairman Christopher Cox made a speech today:

Among the proposals that the Commission may consider in the spring are rules that would require credit rating agencies to make disclosures surrounding past ratings in a format that would improve the comparability of track records and promote competitive assessments of the accuracy of past ratings. In addition, the Division may propose rules aimed at enhancing investor understanding of important differences between ratings for municipal and corporate debt and for structured debt instruments.

I have also asked the Division to present proposed rules to the Commission that begin to address the significant shortcomings that we’ve identified in the municipal market. The recent financial stress on monoline insurers has heightened the importance of timely and rigorous disclosure that investors can understand. We have had ample illustration already of what happens when investors fail to look past an AAA rating to do independent analysis themselves — a problem that was exacerbated when important information was not supplied to the market in real time.

Well, I don’t have any problems with the transition analyses that the agencies currently publish, but I suppose if a standard format for these is defined it’s not horrible. I fail to see the point of the other stuff, though: “may propose rules aimed at enhancing investor understanding”; “what happens when investors fail to look past an AAA rating to do independent analysis themselves”. Seems to me these are due diligence issues, to be addressed at the SEC/Advisor level; with performance issues to be Client/Advisor.

I love the way that Mr. Cox assumes that advisors at fault in the sub-prime debacle will actually read additional information if it is available. All the rules in the world won’t make a genius out of a bad advisor.

It was a very quiet day for prefs. PerpetualDiscounts had their first down day since January 28 – they have gained 3.1% since then.

Note that these indices are experimental; the absolute and relative daily values are expected to change in the final version. In this version, index values are based at 1,000.0 on 2006-6-30
Index Mean Current Yield (at bid) Mean YTW Mean Average Trading Value Mean Mod Dur (YTW) Issues Day’s Perf. Index Value
Ratchet 5.49% 5.51% 47,010 14.6 2 +1.7995% 1,083.7
Fixed-Floater 5.17% 5.68% 86,613 14.65 7 +0.0383% 1,018.6
Floater 4.95% 5.00% 75,805 15.48 3 -0.9509% 853.6
Op. Retract 4.82% 2.23% 80,900 2.43 15 +0.0040% 1,044.3
Split-Share 5.31% 5.54% 100,826 4.22 15 -0.0912% 1,036.4
Interest Bearing 6.25% 6.42% 60,526 3.37 4 -0.1726% 1,079.2
Perpetual-Premium 5.74% 5.08% 402,477 5.22 16 -0.0486% 1,025.8
Perpetual-Discount 5.40% 5.43% 298,669 14.76 52 -0.0018% 951.5
Major Price Changes
Issue Index Change Notes
TOC.PR.B Floater -1.7021%  
BAM.PR.K Floater -1.2913%  
BSD.PR.A InterestBearing -1.2333% Asset coverage of just under 1.6:1 as of February 1, according to Brookfield Funds. Now with a pre-tax bid-YTW of 6.92% (mostly as interest) based on a bid of 9.61 and a hardMaturity 2015-3-31 at 10.00.
POW.PR.C PerpetualDiscount -1.2086% Now with a pre-tax bid-YTW of 5.56% based on a bid of 25.34 and a call 2012-1-5 at 25.00.
BNS.PR.L PerpetualDiscount +1.2494% Now with a pre-tax bid-YTW of 5.18% based on a bid of 21.88 and a limitMaturity.
BCE.PR.B Ratchet +3.6056% Reversal of yesterday’s nonsense … with no trades, the market-maker was able to keep up. Closed at 23.85-25, 10×3.
Volume Highlights
Issue Index Volume Notes
BNS.PR.O PerpetualPremium 141,250 Recent new issue. Now with a pre-tax bid-YTW of 5.51% based on a bid of 25.27 and a call 2017-5-26 at 25.00.
CM.PR.A OpRet 105,500 Nesbitt was a big seller today, on the sell side for the last ten trades of the day (from 2pm-4pm) totalling 55,500 shares, all at 25.90. Now with a pre-tax bid-YTW of 1.83% based on a bid of 25.86 and a call 2008-3-9 at 25.75.
CM.PR.I PerpetualDiscount 102,695 Now with a pre-tax bid-YTW of 5.71% based on a bid of 20.76 and a limitMaturity.
BCE.PR.A FixFloat 102,100 Scotia bought 98,700 from RBC at 23.97. 
TD.PR.Q PerpetualPremium 78,700 Now with a pre-tax bid-YTW of 5.43% based on a bid of 25.39 and a call 2017-3-2 at 25.00.

February PrefLetter Now In Preparation!

February 8th, 2008

The markets have closed and the February edition of PrefLetter is now being prepared.

PrefLetter is the monthly newsletter recommending individual issues of preferred shares to subscribers. There is at least one recommendation from every major type of preferred share; the recommendations are taylored for “buy-and-hold” investors.

The February issue will be eMailed to clients and available for single-issue purchase with immediate delivery prior to the opening bell on Monday. I will write another post on the weekend advising when the new issue has been uploaded to the server … so watch this space carefully if you intend to order “Next Issue” or “Previous Issue”!

BCE.PR.C Dividend Rate Reset Announced

February 8th, 2008

As previously discussed, BCE.PR.C is a fixed floater with a reset scheduled to take effect March 1, 2008. It is convertable (for a very limited time, so call your broker!) into BCE.PR.D, a “Ratchet Rate” Preferred.

The fixed rate payable on BCE.PR.C for the five years commencing March 1, 2008, will be 4.60% of par, or $1.15 p.a.

As implied by the previous discussion, I recommend conversion to BCE.PR.D, based on a balance of risks.

The announcement has been posted by BCE:

BCE Inc. will, on March 1, 2008, continue to have Cumulative Redeemable First Preferred Shares, Series AC (“Series AC Preferred Shares”) outstanding if holders of at least 2.5 million of its Series AC Preferred Shares elect not to convert such shares into Cumulative Redeemable First Preferred Shares, Series AD (“Series AD Preferred Shares”) by February 20, 2008. In such a case, as of March 1, 2008, the Series AC Preferred Shares will pay, on a quarterly basis, as and when declared by the Board of Directors of BCE Inc., a fixed cash dividend of $0.2875 based on an annual dividend rate of 4.60% for the five-year period beginning on March 1, 2008.

Under and subject to the terms and conditions of the Definitive Agreement entered into by BCE Inc. in connection with its acquisition by an investor group led by Teachers’ Private Capital, the private investment arm of the Ontario Teachers’ Pension Plan, Providence Equity Partners Inc., Madison Dearborn Partners, LLC and Merrill Lynch Global Partners, Inc., the purchaser has agreed to purchase all outstanding Series AC Preferred Shares for a price of $25.76 per share, together with accrued but unpaid dividends to the Effective Date (as such term is defined in the Definitive Agreement). The purchaser has also agreed, on and subject to the terms and conditions of the Definitive Agreement, to purchase any Series AD Preferred Shares that might be issued by BCE Inc. on the conversion of the Series AC Preferred Shares for a price of $25.50 per share, together with accrued but unpaid dividends to the Effective Date. The Board of BCE Inc. has received opinions as to the fairness, from a financial point of view, of the consideration to be paid for the preferred shares from BCE Inc.’s financial advisors.

February 7, 2007

February 8th, 2008

In the continuing saga of the credit rating agencies, S&P has announced the creation of an ombudsman position, together with other reforms:

Among the changes set to be announced today, S&P will rotate lead rating analysts after five years of following the same company, government bond issuer, or structured-finance arranger. The new practice, which will be phased in, should prevent professional or personal relationships from affecting ratings, company officials said.

Analysts who leave S&P to work at a bond issuer will have some deals they previously rated reviewed to make sure their objectivity wasn’t compromised by the prospect of the new job.

Hey! That makes all kinds of sense, doesn’t it? Perhaps, now that I’ve been offering advice on preferred shares for over five years, the regulators should insist that I be rotated to, say, junior oil equity. Naked Capitalism isn’t much impressed:

The real problem that the agencies are paid by the very organizations they rate, and as long as this conflict remains, all other measures are mere window-dressing. The creation of an ombudsman role is an inadequate, unrealistic remedy for a problematic payment structure.

Well, last I heard, this was still a reasonably free country. Anybody who doesn’t want to take S&P’s advice is (as far as I know) welcome to listen to somebody else. But nothing, particularly not logic, will dampen expectations for certainty and a risk-free investment environment … portfolio managers should, if anything, welcome the provision of bad advice (if we may make the assumption, for the moment, that S&P’s advice is bad), since this will lead to market mispricing that may be exploited.

Andrew Cuomo, well known for his uncanny expertise at fixed income credit analysis, isn’t much impressed either:

New York Attorney General Andrew Cuomo said “supposed reforms” by Standard & Poor’s and Moody’s Investors Service, which gave high ratings to subprime debt that later plummeted, are “too little, too late.”

“Both S&P and Moody’s are attempting to make piece-meal changes that seem more like public relations window dressing than systemic reform,” Cuomo said in the statement.

In more interesting news, it appears that Credit Default Swaps may have increased the corellation in the mononlines sector:

Separately, the Financial Times reports on yet another largely unrecognized hole in the bond insurers’ balance sheets. Wall Street was apparently fond of a so-called negative basis trades. If they bought a bond, hedged it with credit default swaps, then hedged the risk of the guarantor defaulting (generally a monoline) with a different guarantor (generally a different monoline), they could accelerate the expected profits over the life of the deal into the current period. The result is that the bond insurers have an unknown (to the outside world) but potentially significant number of guarantees written on each other.

There is at least one player trying to whip up the panic:

Deutsche Bank AG Chief Executive Officer Josef Ackermann said rating downgrades for bond insurers pose risks that could match the U.S. subprime market collapse.

“It could be a tsunami-like event comparable to subprime,” Ackermann said in a Bloomberg Television interview in Frankfurt today. Deutsche Bank, Germany’s biggest bank, is “well positioned” on its risk from bond insurers, he said

But there is another player – one not trying to sell a specific product – who has an opinion. Bernanke is concerned that monoline problems could cause banks’s balance sheets to gross-up. And Moody’s has downgraded SCA:

Security Capital Assurance Ltd.’s bond insurance units, hobbled by a decline in subprime mortgage securities, lost their Aaa credit rating at Moody’s Investors Service.

XL Capital Assurance Inc. and XL Financial Assurance Ltd. were cut six levels to A3, New York-based Moody’s said today in a statement. The outlook for both is negative, Moody’s said.

And MBIA, desperate to avoid such a fate, has embarrassed itself even more than it did yesterday by selling even more equity at an even lower price:

MBIA Inc., the world’s biggest bond insurer, raised $1 billion by selling shares at $12.15 each in an effort to protect its AAA insurance rating.

The 82.3 million shares were sold at a 14 percent discount to Armonk, New York-based MBIA’s $14.20 closing price today, according to data compiled by Bloomberg.

MBIA increased the sale from a planned $750 million, though accepted a lower price than it had anticipated. The sale matches the price private-equity firm Warburg Pincus LLC had agreed to pay to backstop the transaction in case no buyers could be found.

Speaking of downgrades, Loblaws was downgraded today, which has implications for Weston. I’ve updated the post about Weston’s credit

The Cleveland Fed has updated its estimate of inflation expectations from TIPS … very interesting indeed. The breakeven rate is increasing slightly, but the analytical rate – which attempts to incorporate adjustments for the inflation-risk-premium and liquidity-premium – is skyrocketting. This epsiode will be very useful in determining the validity of these adjustments!

I have opined many times in the past that the Fed’s easing may well rebound in an unfavourable manner vis-a-vis inflation – scarcely the most original of views, but I do what I can. In this context, it was interesting to read the following report on the Treasury Bond auction:

U.S. 30-year Treasuries fell the most since June as demand was weaker than expected at the government’s $9 billion auction of the securities.

Ten- and 30-year securities declined a second straight day as investors balked at buying at this week’s auctions, with yields at record lows. Investors are also betting that the Federal Reserve’s five interest-rate cuts since September will revive economic growth and cause inflation to accelerate, reducing the value of Treasuries’ fixed payments.

“The auction went as poorly as one could imagine,” said Andrew Brenner, co-head of structured products in New York at MF Global Ltd., the world’s largest broker of exchange-traded futures and options contracts. “There isn’t a lot of demand for bonds at these levels.”

These fears are finding support at high levels:

Federal Reserve Bank of Dallas President Richard Fisher, who voted against cutting interest rates last week, warned that aggressive reductions in response to a weak economy may “juice up” inflation.

“Given that I had yet to see a mitigation in inflation and inflationary expectations from their current high levels, and that I believed the steps we had already taken would be helpful in mitigating the downside risk to growth once they took full effect, I simply did not feel it was the proper time” for more rate cuts, Fisher said.

Another good day! PerpetualDiscounts continued to improve and volume remained above the recent average.

Note that these indices are experimental; the absolute and relative daily values are expected to change in the final version. In this version, index values are based at 1,000.0 on 2006-6-30
Index Mean Current Yield (at bid) Mean YTW Mean Average Trading Value Mean Mod Dur (YTW) Issues Day’s Perf. Index Value
Ratchet 5.59% 5.62% 48,751 14.5 2 -0.9369% 1,064.6
Fixed-Floater 5.19% 5.69% 85,475 14.64 7 -0.1134% 1,015.2
Floater 4.90% 4.95% 75,926 15.57 3 +0.2596% 861.8
Op. Retract 4.82% 1.70% 80,829 2.42 15 -0.0280% 1,044.2
Split-Share 5.30% 5.53% 102,352 4.22 15 +0.1058% 1,037.3
Interest Bearing 6.24% 6.44% 61,301 3.60 4 +0.0254% 1,081.0
Perpetual-Premium 5.74% 4.76% 401,624 5.21 16 +0.1564% 1,026.3
Perpetual-Discount 5.40% 5.43% 301,916 14.76 52 +0.1671% 951.5
Major Price Changes
Issue Index Change Notes
BCE.PR.B Ratchet -2.0426% Closed at 23.02-24.25, 3×2. Just another appalling spread from a hopeless market-maker.
BAM.PR.B Floater -1.5789%  
MFC.PR.B PerpetualDiscount -1.4224% Now with a pre-tax bid-YTW of 5.15% based on a bid of 22.87 and a limitMaturity.
PWF.PR.L PerpetualDiscount -1.1869% Now with a pre-tax bid-YTW of 5.50% based on a bid of 23.31 and a limitMaturity.
RY.PR.C PerpetualDiscount -1.0009% Now with a pre-tax bid-YTW of 5.30% based on a bid of 21.76 and a limitMaturity.
MFC.PR.C PerpetualDiscount +1.1287% Now with a pre-tax bid-YTW of 5.09% based on a bid of 22.40 and a limitMaturity.
ENB.PR.A PerpetualPremium +1.2306% Now with a pre-tax bid-YTW of -6.15% (annualized) based on a bid of 25.50 and a call 2008-3-8 at 25.00.
BCE.PR.C FixFloat +1.2911%  
TOC.PR.B Floater +1.2931%  
POW.PR.C PerpetualPremium +1.3033% Now with a pre-tax bid-YTW of 5.20% based on a bid of 25.65 and a call 2012-1-5 at 25.00.
RY.PR.W PerpetualDiscount +1.5041% Now with a pre-tax bid-YTW of 5.19% based on a bid of 23.62 and a limitMaturity.
HSB.PR.D PerpetualDiscount +1.9776% Now with a pre-tax bid-YTW of 5.33% based on a bid of 23.72 and a limitMaturity.
IAG.PR.A PerpetualDiscount +2.3341% Now with a pre-tax bid-YTW of 5.20% based on a bid of 22.36 and a limitMaturity.
Volume Highlights
Issue Index Volume Notes
BAM.PR.N PerpetualDiscount 274,825 Now with a pre-tax bid-YTW of 6.36% based on a bid of 18.95 and a limitMaturity.
PWF.PR.G PerpetualPremium 190,200 Now with a pre-tax bid-YTW of 5.60% based on a bid of 25.30 and a call 2011-8-16 at 25.00.
TD.PR.Q PerpetualPremium 143,055 Now with a pre-tax bid-YTW of 5.44% based on a bid of 25.38 and a call 2017-3-2 at 25.00.
RY.PR.D PerpetualDiscount 122,050 Now with a pre-tax bid-YTW of 5.26% based on a bid of 21.48 and a limitMaturity.
PWF.PR.K PerpetualDiscount 81,225 Now with a pre-tax bid-YTW of 5.36% based on a bid of 23.21 and a limitMaturity.

There were twenty-six other index-included $25.00-equivalent issues trading over 10,000 shares today.

February 6, 2008

February 6th, 2008

Willem Buiter was last mentioned in PrefBlog on January 25 in connection with inflation concerns. He’s back again today, preaching not just the likelihood, but the necessity of a US recession:

Therefore, to restore a sustainable external balance and to accumulate the financial assets that will support a greying US population in the style it would like to and hopes and expects to be accustomed to, the US private and public sectors must save more. To get to a higher saving and wealth trajectory, the US economy will first have to pass through the valley of the shadow of deficient effective demand, rising excess capacity and growing unemployment. Postponing the necessary adjustment will just make the pain of the eventual unavoidable correction that much greater.

The trouble with such a prescription is that it runs headlong into the American “can do” attitude. This attitude is admirable and has served them well … but sometimes it comes a cropper. “Reduce taxes and the deficit while increasing services? Can do!” “Bring Western Democracy to regions where even those who understand it don’t want it? Can do!”.

The failure of a few auctions for American Auction Rate Municipals has attracted some notice lately. Accrued Interest explains the situation … it all comes down to the monolines!

The bank was only willing to provide liquidity if there was some additional credit support. No problem, thought the municipal bond bankers! We’ll bring in a monoline insurer! The bank would therefore agree to provide liquidity so long as the bond insurer was rated at some minimal credit rating level. What that level is depends on the deal. Might be AA, might be A. I haven’t seen any that were actually AAA but they could be out there.

But what happens if the unthinkable happens? A monoline insurer gets downgraded? Well, the bank’s liquidity agreement becomes null and void. Where does that leave bond holders? It leaves them with no credit support at all. Only the issuer itself would remain.

Auction rate securities are a recurring niche in the markets – I remember (a long, long time ago) there were some Hees (remember Hees?) MAPS – Monthly Auction Preferred Shares. It’s really just another mechanism whereby issuers can finance long at short rates and investors can pretend they’re money-market superstars by outperforming the 3-month benchmark with 100-year paper … for a while.

And the mention of monolines reminds me of a funny story … remember MBIA’s line in the sand, discussed on January 31? Well, the tide’s come in:

MBIA Inc., the world’s biggest bond insurer, plans to raise an additional $750 million by selling about 50.3 million common shares, bolstering capital in an attempt to retain its AAA credit rating.

Investment firm Warburg Pincus will backstop the offering by purchasing as much as $750 million of convertible participating preferred stock, the Armonk, New York-based company said in a statement today. MBIA, which has already raised at least $1.5 billion since November, said it would contribute most of the proceeds to its MBIA Insurance Corp. unit.

Another article highlighted by Naked Capitalism delivers a rather vague exhortation for increased bank regulation while one particular example purporting to show the need concerns some recent problems with Wachovia:

AmeriNet was a “payment processor,” a company that creates unsigned checks on behalf of telemarketers to withdraw funds automatically from customer accounts. Such checks, once widely used by businesses collecting monthly fees, are legal if customers approve the transactions.

In 2006, an executive at Citizens Bank wrote via e-mail that thieves were routing unauthorized checks through Wachovia that stole from Citizens account holders.

“We have spoken to many of our customers who have been victimized by this scam,” wrote the Citizens executive, according to court documents. “We would appreciate it if you would shut down accounts of any customers of yours that may be engaging in improper activity.”

But Wachovia kept that account open until it was frozen by a federal court a few weeks later, as part of a government lawsuit against the client.

This is just more nonsense from the “Everything will be better with just a few more rules” camp. It is very tempting to believe that a few more rules will bring the new millennium, but those who argue in favour of this have never seen what happens in real life. Rules such as this – shutting down accounts due to suspicions of fraud – are not investigated by dispassionate keen-eyed investigators who have the evidence weighed by judicious descendents of Solomon. It is, in fact, a virtually random process in which facts become secondary to ass-covering.

In the quoted text above, the Citizens Bank executive should not have been contacting Wachovia – if they became involved at all, I suggest that police are generally considered the proper authorities for investigation of impropriety.

A bank clerk is not a cop I trust. A branch manager is not a judge I trust. And wishing won’t make it so.

But, that’s what happens when stuff hits the headlines – everybody’s an expert:

Regulators may restrict Moody’s Investors Service and Standard & Poor’s from advising banks on structured debt securities after criticism the firms failed to downgrade subprime-related debt as investor losses mounted.

Ratings firms may face a new code of conduct that limits their business and requires “reasonable steps” to ensure “a credible rating,” the International Organization of Securities Commissions in Madrid said in a statement today. IOSCO is the main forum for regulators, covering more than 100 countries from the U.S. to Japan.

I sure wish there was a code of conduct for regulators forcing them to take reasonable steps to ensure credible regulation!

An IMF research group has summarized a paper on VoxEU arguing that the subprime crisis is not unusual:

The subprime experience demonstrates that even highly-developed financial markets are not immune to problems associated with credit booms.

What can be done to curb bad credit booms? Historically, the effectiveness of macroeconomic polices in reducing credit growth has varied (see, for example, Enoch and Ötker-Robe, 2007). While monetary tightening can reduce both the demand and supply of bank loans, its effectiveness is often limited by capital account openness. This is especially the case in small open economies and in countries with more advanced financial sectors, where banks have easy access to foreign credit, including from parent institutions. Monetary tightening may also lead to significant substitution between domestic and foreign-denominated credit, especially in countries with (perceived) rigid exchange rate regimes. Fiscal tightening may also help reduce the expansionary pressures associated with credit booms, though this is often not politically feasible.

Fiscal tightening didn’t have much chance under a Republican administration! When in doubt, assume the best, right? It is very interesting to speculate as to what might have happened under Prof. Taylor’s counterfactual scenario of Fed tightening during the boom. We are certainly seeing that sub-prime sucked in a lot of money from Europe even with the relatively loose Fed policy during that time.

A very good day for the preferred share market, although I don’t see how the S&P/TSX Index was able to improve by 0.55% … half that, sure, two-thirds, maybe, but I suspect that this is an artefact of calculation caused either by low closes yesterday or high closes today.

Be that as it may, it was a strong day, with volume picking up and good strength throughout the entire PerpetualDiscount index. This index now has an interest-equivalent yield of 7.62% (at a conversion factor of 1.4), which is Canadas +350bp, Long Corporates +180bp. This latter (and probably more meaningful) figure has narrowed in about 30bp since last reviewed October 30, but still has a long way to go before reaching last spring’s levels of Long Corporates + ~110bp.

Hmmmm …. 70bp x 14years duration = … I’ll take it!

Note that these indices are experimental; the absolute and relative daily values are expected to change in the final version. In this version, index values are based at 1,000.0 on 2006-6-30
Index Mean Current Yield (at bid) Mean YTW Mean Average Trading Value Mean Mod Dur (YTW) Issues Day’s Perf. Index Value
Ratchet 5.53% 5.55% 50,060 14.6 2 +0.3949% 1,074.6
Fixed-Floater 5.19% 5.69% 85,475 14.64 7 -0.1134% 1,015.2
Floater 4.96% 4.96% 76,713 15.55 3 +0.3437% 859.6
Op. Retract 4.82% 1.10% 80,875 2.49 15 +0.1808% 1,044.6
Split-Share 5.31% 5.54% 101,648 4.11 15 -0.0045% 1,036.2
Interest Bearing 6.24% 6.42% 61,338 3.60 4 +0.5748% 1,080.8
Perpetual-Premium 5.75% 5.50% 402,200 5.93 16 -0.0311% 1,024.7
Perpetual-Discount 5.41% 5.44% 301,279 14.75 52 +0.5889% 949.9
Major Price Changes
Issue Index Change Notes
WFS.PR.A SplitShare -1.6393% Asset coverage of just under 1.9:1 as of January 31, according to Mulvihill. Now with a pre-tax bid-YTW of 4.81% based on a bid of 10.20 and a hardMaturity 2011-6-30. Still a pretty crummy yield, if you ask me, but better than yesterday!
FTU.PR.A SplitShare -1.2295% Asset coverage of just under 1.8:1 as of January 31, according to the company. Now with a pre-tax bid-YTW of 6.18% based on a bid of 9.64 and a hardMaturity 2012-12-1 at 10.00.
BCE.PR.I FixFloat -1.2190%  
BNS.PR.K PerpetualDiscount +1.0035% Now with a pre-tax bid-YTW of 5.21% based on a bid of 23.15 and a limitMaturity.
NA.PR.L PerpetualDiscount +1.0323% Now with a pre-tax bid-YTW of 5.41% based on a bid of 22.51 and a limitMaturity.
POW.PR.B PerpetualDiscount +1.0352% Now with a pre-tax bid-YTW of 5.52% based on a bid of 24.40 and a limitMaturity.
PWF.PR.K PerpetualDiscount +1.0476% Now with a pre-tax bid-YTW of 5.38% based on a bid of 23.15 and a limitMaturity.
BCE.PR.G FixFloat +1.0799%  
CIU.PR.A PerpetualDiscount +1.0813% Now with a pre-tax bid-YTW of 5.36% based on a bid of 21.50 and a limitMaturity.
IAG.PR.A PerpetualDiscount +1.1574% Now with a pre-tax bid-YTW of 5.33% based on a bid of 21.85 and a limitMaturity.
SLF.PR.E PerpetualDiscount +1.1682% Now with a pre-tax bid-YTW of 5.24% based on a bid of 21.65 and a limitMaturity.
CM.PR.H PerpetualDiscount +1.2582% Now with a pre-tax bid-YTW of 5.55% based on a bid of 21.73 and a limitMaturity.
GWO.PR.G PerpetualDiscount +1.5748% Now with a pre-tax bid-YTW of 5.36% based on a bid of 24.51 and a limitMaturity.
MFC.PR.B PerpetualDiscount +1.7544% Now with a pre-tax bid-YTW of 5.08% based on a bid of 23.20 and a limitMaturity.
RY.PR.A PerpetualDiscount +1.7916% Now with a pre-tax bid-YTW of 5.15% based on a bid of 21.59 and a limitMaturity.
HSB.PR.D PerpetualDiscount +2.4670% Now with a pre-tax bid-YTW of 5.44% based on a bid of 23.26 and a limitMaturity.
BSD.PR.A InterestBearing +2.8602% Asset coverage of just under 1.6:1 as of February 1, according to Brookfield Funds. Now with a pre-tax bid-YTW of 6.73% based on a bid of 9.71 and a hardMaturity 2015-3-31 at 10.00.
Volume Highlights
Issue Index Volume Notes
PIC.PR.A SplitShare 293,875 Asset coverage of just under 1.6:1 as of January 31, according to Mulvihill. Now with a pre-tax bid-YTW of 5.83% based on a bid of 15.00 and a hardMaturity 2010-11-1 at 15.00.
RY.PR.B PerpetualDiscount 142,550 RBC crossed 100,000 at 22.35; then another 40,000 at the same price. Now with a pre-tax bid-YTW of 5.25% based on a bid of 22.45 and a limitMaturity.
TD.PR.Q PerpetualPremium 66,800 Now with a pre-tax bid-YTW of 5.44% based on a bid of 25.38 and a call 2017-3-2 at 25.00.
BAM.PR.N PerpetualDiscount 47,695 Now with a pre-tax bid-YTW of 6.40% based on a bid of 18.85 and a limitMaturity.
TD.PR.P PerpetualDiscount 36,948 Now with a pre-tax bid-YTW of 5.35% based on a bid of 24.65 and a limitMaturity.

There were twenty-six other index-included $25.00-equivalent issues trading over 10,000 shares today.

EPP.PR.A and WN.PR.E : Coupled? Decoupled?

February 6th, 2008

Assiduous Reader madequota asked about EPP.PR.A in the comments to February 5 … since he is an Assiduous Writer as well … let’s indulge him, shall we? It has been a long time since I last looked at this issue.

EPP.PR.A was issued last spring and received an extremely hostile reception from the market, as by the time it commenced trading the market was way down. It is my understanding that the underwriters had a really hard time selling it and took a bath. Problems with such issues can persist for a long, long time, especially in the preferred market: many preferred share investors buy an issue when issued and never look at it again. Those issues that have trouble finding such a “real money” home at issue time find themselves perpetually in the hands of hot money.

Anyway … this is another split-rated issue, as is the CCS.PR.C examined yesterday; it’s rated Pfd-3(high) by DBRS and P-2(low) by S&P.

I’m not going to say much one way or the other. Issues with this kind of credit carry a larger proportion than usual of specific risk – and my firm avoids this for the most part. I don’t want to analyze companies! I analyze the yield curve! This means I concentrate on high quality instruments in which specific risk is minimized.

However, I’ve prepared some graphs that may provide some context for those who want to analyze the company’s financials and, at least to some extent, take a view on the credit:

Readers will note the precipituous decline in averageTradingValue for EPP.PR.A after its issue … recall that it starts with a pre-set $2.5-million presumed value and declines exponentially to a long-term average of actual trading volumes.

Also note that the Quality Spread graphed is between Pfd-2 and Pfd-3: no allowance is made in this graph for “high” and “low” modifiers.

MAPF Portfolio Composition : January 31, 2008

February 6th, 2008

There was a good level of trading in January, most of it intra-sector.

MAPF Sectoral Analysis 2008-1-31
HIMI Indices Sector Weighting YTW ModDur
Ratchet 0% N/A N/A
FixFloat 0% N/A N/A
Floater 0% N/A N/A
OpRet 0% N/A N/A
SplitShare 25.8% (-3.2) 7.03% 5.37
Interest Rearing 0% N/A N/A
PerpetualPremium 12.8% (+12.8) 5.61% 14.20
PerpetualDiscount 61.4% (-2.6) 5.50% 14.69
Scraps 0% N/A N/A
Cash -0.1% (-5.9) 0.00% 0.00
Total 100% 5.92% 12.23
Totals and changes will not add precisely due to rounding.
Bracketted figures represent change from December month-end.

The “total” reflects the un-leveraged total portfolio (i.e., cash is included in the portfolio calculations and is deemed to have a duration and yield of 0.00.). MAPF will often have relatively large cash balances, both credit and debit, to facilitate trading. Figures presented in the table have been rounded to the indicated precision.
Credit distribution is:

MAPF Credit Analysis 2008-1-31
DBRS Rating Weighting
Pfd-1 61.2% (+16.7)
Pfd-1(low) 0.3% (-12.7)
Pfd-2(high) 13.4% (+5.6)
Pfd-2 12.6% (-1.1)
Pfd-2(low) 12.6% (-2.5)
Cash -0.1% (-5.9)
Totals will not add precisely due to rounding.
Bracketted figures represent change from December month-end.

The fund does not set any targets for overall credit quality; trades are executed one by one. Variances in overall credit will be constant as opportunistic trades are executed.

Liquidity Distribution is:

MAPF Liquidity Analysis 2008-1-31
Average Daily Trading Weighting
<$50,000 0.6% (-0.3)
$50,000 – $100,000 13.7% (+13.2)
$100,000 – $200,000 27.8% (+20.0)
$200,000 – $300,000 17.0% (-11.3)
>$300,000 41.0% (-15.6)
Cash -0.1% (-5.9)
Totals will not add precisely due to rounding.
Bracketted figures represent change from December month-end.

MAPF is, of course, Malachite Aggressive Preferred Fund, a “unit trust” managed by Hymas Investment Management Inc. Further information and links to performance, audited financials and subscription information are available the fund’s web page. A “unit trust” is like a regular mutual fund, but is sold by offering memorandum rather than prospectus. This is cheaper, but means subscription is restricted to “accredited investors” (as defined by the Ontario Securities Commission) and those who subscribe for $150,000+. Fund past performances are not a guarantee of future performance. You can lose money investing in MAPF or any other fund.

The fund’s performance in January and the performance of the indices has already been discussed.

February 5, 2008

February 5th, 2008

The roar erupts from the angry crowds: when is PrefBlog going to get any work done? Again today, general commentary will be greatly foreshortened. In my defence, I can only say that I was able to post about Seniority of BAs, ruin Kaspu‘s day with a comment on CCS.PR.C, report on performance of Malachite Aggressive Preferred Fund (my little fund did well! So why is it a little fund?), Best & Worst January Performers and finally January Index Performance.

So, apart from time constraints, my fingers are tired.

Econbrowser‘s Menzie Chinn commented on the Bush Budget and highlights the Reuters report by David Lawder :

“I think the main deceptions in the budget are the same ones we’ve seen for five years. The costs for Iraq and Afghanistan has consistently been $200 billion a year, but they’ve only put aside $70 billion,” said Chris Edwards, economist at the libertarian Cato Institute. “The war will cost $100 (billion) to $150 billion a year until 2012 or so.”

Coupled with unrealistic growth forecasts, the additional war costs mean the fiscal 2008 deficit will likely top $500 billion, he said.

Even Captain’s Quarters, a political blog which can usually be counted on to toe the Republican party line, has thrown in the towel on any hopes for fiscal conservatism. I continue to think that American fiscal profligacy will continue until conditions are in a lot worse shape than they are now – and, as in Canada, it will be the non-(so-called)-conservative party that does it, because they’re the ones who can’t be attacked for preaching hard times and shooting the hippo.

Fun and frolic for CDOs continued, with Fitch revamping its model and taking a gloomier view on the underlying securities chance of default. But nobody trades those things anymore, do they?:

Buying and selling of collateralized debt obligations based on mortgage bonds, high-yield loans or preferred shares has ground to a near-halt, traders said at the securitization industry’s largest conference.

“We’re definitely in a period of very low liquidity at the moment, which has actually been dropping precipitously in the last few weeks,” Ross Heller, an executive director at JPMorgan Securities Inc., said yesterday during a panel discussion at the American Securitization Forum’s annual conference in Las Vegas. “It’s a challenging time.”

I should note that the story is referring to American preferred shares, not Canadian ones. While some American issues are eligible for preferential tax treatment, this is a major bone of political contention, as I noted on January 10 (and continued after the charts, in the “Update” section). Without tax advantages, prefs are simply deeply subordinated debt.

This model revision is also having knock-on effects on … wait for it … the monolines:

MBIA Inc.’s AAA bond insurance ranking was placed back under review for a downgrade by Fitch Ratings less than a month after being affirmed with a stable outlook.

Fitch, which also put CIFG Financial Guaranty back under review, is updating its assumptions for higher losses on U.S. subprime-mortgage securities, the New York-based ratings company said today in a statement. If loss projections rise materially, the AAA ratings on bond insurers may no longer be appropriate regardless of how much capital they hold, the company said.

And it’s not as if the monolines don’t recognize their problems:

XL Capital Ltd., the Bermuda-based business insurer, said it lost $1.06 billion in the fourth quarter as it wrote down the value of investments including a stake in bond insurer Security Capital Assurance Ltd.

XL lost $6.01 a share, compared with a net profit of $481.1 million, or $2.62 a year earlier, the company said today in a statement. Excluding investment losses, XL earned 66 cents a share, lagging the $1.45 average estimate of 14 analysts surveyed by Bloomberg.

It seems, however, that business conditions aside, some portion of the monoline damage is self-inflicted … hedges aren’t perfect (hat tip: MarketRant).

Speaking of hedges … there is much concern and consternation about the BCE deal and the seemingly different probabilities assigned by the stock and bond markets (hat tip: Financial Webring Forum):

When it comes to the chances of the $35-billion BCE Inc. buyout falling through, the bond market isn’t buying what the equity market is selling.

Many stock market investors clearly believe the deal is likely to fail. The stock finished Friday at $36 on the Toronto Stock Exchange, well below the $42.75 that Ontario Teachers’ Pension Plan and its partners agreed to pay last June before global markets went haywire.

Those in the bond market, on the other hand, are much more convinced the transaction will close later this year.

According to the credit-default swaps (CDS) market, an influential backroom of the financial system where big bond investors place bets, there’s at least a 70-per-cent chance that the deal succeeds.

To me, this sounds normal. Each market is taking a gloomy view. Didn’t the lawsuit over Hemlo take a billion dollars off the combined market cap of the adversaries, when logically it should have been a wash? Seems to me that if I were a hedge fund, I’d be devoting enormous resources to calculating what proportion of equity and bonds I should have in a basket that … maybe, possibly, subject to fearsome market punishment … would have an expected positive return irrespective of the outcome.

A relatively quiet day in the preferred market. I’ll admit, I view the precipituous decline in the number of issues on the “Price Mover” list with mixed feelings … on the one hand, it means I have a whole lot less typing to do (I still haven’t caught up with HIMIPref™ Preferred Indices, so I still have to do it all manually); on the other hand, huge price movements are often a source of wonderful trades. Oh well, we’ll just see how it goes.

WFS.PR.A is behaving strangely … the huge volume today is unusual, but not strange; what’s strange is the day’s high price: $10.75. Holy smokes, at that level you’re amortizing the premium by over $0.20 annually against dividends of $0.525 to wind up with a Yield-to-Maturity of about 3.1%, according to Mr. Calculator (broken link redirected 2024-2-1). Geez, and there I am, thinking it’s overpriced at $10.37, yielding 4.26%! 

Note that these indices are experimental; the absolute and relative daily values are expected to change in the final version. In this version, index values are based at 1,000.0 on 2006-6-30
Index Mean Current Yield (at bid) Mean YTW Mean Average Trading Value Mean Mod Dur (YTW) Issues Day’s Perf. Index Value
Ratchet 5.55% 5.58% 51,398 14.50 2 -0.2658% 1,070.4
Fixed-Floater 5.18% 5.68% 86,336 14.67 7 -0.3814% 1,016.4
Floater 4.93% 4.98% 77,696 15.52 3 +0.3947% 856.6
Op. Retract 4.83% 1.76% 81,067 2.71 15 -0.2348% 1,042.7
Split-Share 5.31% 5.52% 100,092 4.11 15 -0.0522% 1,036.3
Interest Bearing 6.28% 6.42% 62,105 3.36 4 -0.5243% 1,074.6
Perpetual-Premium 5.75% 5.49% 404,764 6.06 16 +0.1252% 1,025.0
Perpetual-Discount 5.44% 5.47% 302,020 14.71 52 +0.0718% 944.4
Major Price Changes
Issue Index Change Notes
BCE.PR.G FixFloat -2.1142%  
BSD.PR.A InterestBearing -1.7690% Asset coverage of just under 1.6:1 as of February 1, according to Brookfield Funds. Now with a pre-tax bid-YTW of 7.23% (mostly as interest) based on a bid of 9.44 and a hardMaturity 2015-3-31 at 10.00.
IAG.PR.A PerpetualDiscount -1.6841% Now with a pre-tax bid-YTW of 5.38% based on a bid of 21.60 and a limitMaturity.
CM.PR.G PerpetualDiscount +1.0549% Now with a pre-tax bid-YTW of 5.67% based on a bid of 23.95 and a limitMaturity.
RY.PR.E PerpetualDiscount +1.4554% Now with a pre-tax bid-YTW of 5.21% based on a bid of 21.61 and a limitMaturity.
Volume Highlights
Issue Index Volume Notes
BNS.PR.O PerpetualPremium 345,600 Scotia crossed 15,000 at 25.25. New issue settled 1/31. Now with a pre-tax bid-YTW of 5.51% based on a bid of 25.24 and a call 2017-5-26 at 25.00.
WFS.PR.A SplitShare 369,127 Asset coverage of just under 1.9:1 as of January 31, according to Mulvihill. Now with a pre-tax bid-YTW of 4.26% based on a bid of 10.37 and a hardMaturity 2011-6-30 at 10.00.
PWF.PR.K PerpetualDiscount 128,000 Scotia crossed 75,000 at 23.01; Nesbitt crossed 50,000 at the same price. Now with a pre-tax bid-YTW of 5.43% based on a bid of 22.91 and a limitMaturity.
RY.PR.A PerpetualDiscount 56,205 Nesbitt crossed 47,100 at 21.20. Now with a pre-tax bid-YTW of 5.26% based on a bid of 21.21 and a limitMaturity.
PWF.PR.H PerpetualPremium 52,700 Nesbitt crossed 50,000 at 25.43. Now with a pre-tax bid-YTW of 5.43% based on a bid of 25.33 and a call 2012-1-9 at 25.00.

There were seventeen other index-included $25.00-equivalent issues trading over 10,000 shares today.

Seniority of Bankers' Acceptances

February 5th, 2008

This is a question that has bothered me for a long time – and I’ve never been able to get a satisfactory answer.

What is the seniority of Bankers’ Acceptances?

Finally, through the magic of the Internet, I’m a bit further forward with this inquiry and think – think! – I have a good answer with respect to US Law.

According to DRAFT COPY: PRINCIPLES AND CONDITIONS PRECEDENT FOR THE CREATION OF A LATIN AMERICAN BANKERS ACCEPTANCES MARKET, creditted to Matilde Carrau, Constantino Flores and Manuel Renato Martínez Quezada of the University of Arizona College of Law:

To recuperate the funds invested by the bank in the discount of the acceptance, the bank generally rediscounts the facility in the New York bankers acceptance market. To be able to participate in this market the acceptances have to meet the eligibility requirements established by 12 USC § 372 and § 373. The result of compliance with eligibility requirements also causes that the acceptances not to be considered a deposit subject to reserve requirements or FDIC assessment(155) under regulation D. Hence if the bankers acceptance is eligible for discount and purchase the bank will offer a better rate for this facility as compared to what it would offer in a traditional lending since these “savings” will partially be passed on to the customer.(156)

[155] Under FDIC regulation, banks are required to pay a premium over deposits; hence, if the bankers acceptance complies with eligibility requirements and is therefore not considered a deposit, no prime will be paid for said transaction and the operation will be cheaper.

[156] Professor Boris Kozolchyk comments that off balance sheet credit operations will always be preferred by bankers to get involved with. Bankers acceptances are regarded when backed by premium banks in the moneyness scale as one of the private instruments closest to the currency status; and for practical purposes, they may be regarded as money. Negotiable Instruments class, spring 1997 semester, University of Arizona College of Law, Master of Laws In International Trade Law Program (hereinafter NI Class comment).

Which seems to mean, according to these authors’ interpretation of US law (as of 1997!) that BAs are junior to DNs.

It is my (limited!) understanding that BAs in Canada are regulated by the Bills of Exchange Act … the fact that this is not the Bank Act leads me to believe that:

  • BAs are not considered deposits
  • BAs are not insured
  • BAs will be wiped out before insured deposits lose a dollar

But, I’m still trying to get something definitive from the CDIC and OSFI!

There’s more questions, too! Say the recipient of the proceeds of the BA (the issuer, whose note has been accepted by the bank) does, in fact, pay back his money while the bank is going down the drain. Will this repayment lose its identity in the bankruptcy, becoming part of the general assets of the bank and go towards paying its liabilities in order of seniority? Or does the payment retain its identity and be used to honour THE PARTICULAR BA that was issued against this payment?

Update, 2008-2-7: I have explicit confirmation from the CDIC that: “A Bankers’ Acceptance is not an insurable product with CDIC.”

Update, 2008-2-19: I asked the OSFI:

What is the status of Bankers’ Acceptances should the guaranteeing bank become bankrupt?

a) If the original issuer repays the debt, does this payment retain its identity (and become payable to the holder of those particular BAs), or do such repayments lose their identity and become undifferentiated assets of the bank?

b) If the original holder does not repay the loan, and the bank is not able to honour its guarantee, what is the seniority of the BA in the bankruptcy process? Are BAs junior to Deposit Notes, or parri passu?

c) Has the status of dishonoured BAs been tested in court?

and received the following answer:

OSFI does not have the authority over the day-to-day business operations of financial institutions, such as the issue you raise in your e-mail.

As you may know, a Bankers’ Acceptance note is a short-term promissory note issued by major corporations, backed by a Canadian Chartered Bank, and repayable on a specified date.   

Therefore, in order to determine the guarantee behind the note, you may wish to contact the financial institution from which the agreement originates.

Update, 2008-2-20: I have received the following answer from the Bank of Canada:

In response to your inquiry, I wish to inform you that the Bank of Canada, as the country’s Central Bank, does not provide banking services to the public, nor does it legislate the rules and regulations applicable to the activities of commercial banks and other financial institutions in Canada. This responsibility falls upon the jurisdiction of the Office of Superintendent of Financial Institutions, which can be reached at http://www.osfi-bsif.gc.ca/osfi/index_e.aspx?ArticleID=18.

There’s still a few arrows in my quiver, but I’m starting to run out of options!

Update #2, 2008-2-20: I have talked to a money market trader at a major bank – who in turn talked to his liquidity desk (who runs the BA book) – and the answer from there is:

  • (a) Payments from the underlying borrower would go into a BA pool, and
  • (b) BAs are parri passu with deposit notes

He had nothing written down on this matter.

Update, 2008-2-21 I checked Moody’s Guidelines for Rating Bank Junior Securities:

For most unregulated non-financial organizations, it is generally assumed that the probability of default is constant across the various obligations within a typical capital structure.1 (In other words, if the company goes bankrupt, it will default on all of its obligations.) Notching guidelines for these entities are therefore governed solely by differences in the expected severity of loss given default. However, because they are regulated — and their regulators may refuse to support certain junior obligations (or more likely, selectively impose losses on them without placing the entire bank into liquidation) — differences in the probability of default also play a role in bank notching practices.

The interplay between systemic support and selective interference complicates the analysis of banks’ junior obligations.

Moody’s does not notch senior debt issued by banks; they are rated at the same level as deposits. This is because deposits and senior debt have the same probability of default and generally rank pari passu in liquidation.

Here’s what Fitch has to say in its Bank Rating Methodology:

Support ratings are the product of Fitch’s assessment of a potential supporter’s (either a sovereign state’s or an institutional owner’s) propensity to support a bank and of its ability to support it. Its propensity to support is a judgement made by Fitch….

It is assumed that typically the following obligations will be supported: senior debt (secured and unsecured), including insured and uninsured deposits (retail, wholesale and interbank); obligations arising from derivatives transactions and from legally enforceable guarantees and indemnities, letters of credit, acceptances and avals; trade receivables and obligations arising from court judgements.

Update, 2008-2-22: OK, we’re starting to get somewhere! Here’s what a Bank of Canada spokesman had to say on the matter:

I would recommend seeking answers from issuers of these instruments or regulators thereof (securities commissions) or perhaps OSFI.

As for the Bank of Canada: BAs carry the credit risk of the accepting bank and are valued accordingly. If the Bank of Canada were holding (either outright or as collateral) a BA issued or accepted by a bank that becomes insolvent, the market value of the BA would obviously be reduced.

In this situation, the Bank of Canada would demand that the BA it is holding as collateral or in a repo be replaced by other collateral. If the institution that pledged or sold the BA to the Bank of Canada were to default at the same time as the bank that issued or accepted the BA were to become insolvent(a highly unlikely scenario), the Bank would be holding an unsecured claim against the bank, that would rank parri passu with the claims of depositors and other general creditors.

Update, 2008-2-27: Many thanks to the wonderful OSFI, who referred me to Section 369 of the Bank Act:

Insolvency 

369. (1) In the case of the insolvency of a bank, 

(a) the payment of any amount due to Her Majesty in right of Canada, in trust or otherwise, except indebtedness evidenced by subordinated indebtedness, shall be a first charge on the assets of the bank;

(b) the payment of any amount due to Her Majesty in right of a province, in trust or otherwise, except indebtedness evidenced by subordinated indebtedness, shall be a second charge on the assets of the bank;

(c) the payment of the deposit liabilities of the bank and all other liabilities of the bank, except the liabilities referred to in paragraphs (d) and (e), shall be a third charge on the assets of the bank;

(d) subordinated indebtedness of the bank and all other liabilities that by their terms rank equally with or subordinate to such subordinated indebtedness shall be a fourth charge on the assets of the bank; and

(e) the payment of any fines and penalties for which the bank is liable shall be a last charge on the assets of the bank.

(2) Nothing in subsection (1) prejudices or affects the priority of any holder of any security interest in any property of a bank.

(3) Priorities within each of paragraphs (1)(a) to (e) shall be determined in accordance with the laws governing priorities and, where applicable, by the terms of the indebtedness and liabilities referred to therein.

This helps a little … but Paragraph (3) kind of muddles the game, doesn’t it?

Update 2008-3-19: No response at all – not even an acknowledgement – from the thoroughly useless Canadian Bankers Association. I am now contacting the IR departments of the Big 6 Banks individually:

Sirs,

It is my understanding that under Section 369(1)(c) of the Bank Act, your Bankers Acceptances would be considered a third charge on the assets of the bank in the event of insolvency.

Section 369(3) of the Act notes that liabilities within this charge may be further ranked in accordance with terms of the indebtedness and liabilities referred to therein.

I would appreciate receiving information regarding Bankers Acceptances that have been accepted by your firm, regarding their seniority within the third charge.

Sincerely,
HYMAS INVESTMENT MANAGEMENT INC.

James Hymas
President

Update, 2008-03-24: TD is parri passu, according to their IR department:

In the event of the insolvency of The Toronto-Dominion Bank, the obligations of the Bank under any Banker’s Acceptance issued by it would rank against the unencumbered assets of the Bank on a parity with all deposit liabilities of the Bank, other than amounts due to the government of Canada or to a province thereof which shall be a first and second charge on the assets of the Bank. Under the laws of Canada, the obligations of the Bank under any Banker’s Acceptances issued by the Bank are direct liabilities of the Bank and rank at least pari passu with all unsecured, unsubordinated indebtedness of the Bank.

Update, 2008-7-18: Other references

Update, 2008-8-12: Daryl Merrett, Bank of Canada Review, 1981: The Evolution of Bankers’ Acceptances in Canada