PrefBlog

Banks are pushing back against proposed capital rules:

The Clearing House Association and the Institute of International Bankers, whose members include JPMorgan Chase & Co (JPM), Bank of America Corp. (BAC), Wells Fargo & Co. (WFC), Citigroup Inc. (C), Deutsche Bank AG (DBK) and ING Groep NV (INGA), said in a letter that capital surcharges agreed to by the Federal Reserve and international regulators are “deeply flawed” and “reflexively based on the notion that size alone creates prudential concerns.”
…
Bloomberg News obtained an Aug. 25 draft of the letter, which will be filed as a comment on proposed capital surcharges for big banks agreed on by the Basel Committee on Banking Supervision in June. The Fed, which is part of the Basel Committee, is also preparing to release its own proposals under the Dodd-Frank Act for stricter standards for the largest U.S. banks sometime in the next five weeks.

Tighter international and U.S. standards on capital, liquidity and risk management are likely to alter competition in the U.S., the banking groups said in their letter. The Basel capital surcharge will “lead to unjustified competitive inequities between large banks” subject to the charge and others that aren’t, they said.

A bit more detail regarding TRE. Sino-Forest announced the resignation of its chairman:

Sino-Forest Corporation (“Sino-Forest” or the “Company”)
(TSX:TRE) announced that Allen Chan has voluntarily resigned as Chairman, Chief Executive Officer and Director, pending completion of the review by the Independent Committee of the allegations made by Muddy Waters.
…
Mr. Chan will become Founding Chairman Emeritus of the Company and will be fully available to assist Mr. Martin with operational matters and with the Independent Committee review as requested.

The Globe reported on the sequence of events :

Mr. Chan’s resignation follows a tumultuous week of allegations and confrontations. Shortly after the company alerted the OSC about its discovery of what sources described as irregular deals involving Mr. Chan, the OSC caught the company off guard on Friday by slapping a cease trade order on its stock and ordering the resignation of Mr. Chan and the four executives.

I have not yet seen any updated commentary from Richard Kelertas of Dundee Securities, whose changing views on the topic were discussed here on June 20.

S&P withdrew ratings after a downgrade to CCC-:

• We expect China-based commercial forest operator Sino-Forest’s business
  to rapidly deteriorate following additional fraud allegations and senior management resignations.

• We are lowering the corporate credit rating on Sino-Forest and the issue rating on its senior unsecured notes and convertible bonds to ‘CCC-‘ from ‘B’. We removed all the ratings from CreditWatch.
• We are also withdrawing the ratings due to heightened information risks.
• The negative outlook prior to the rating withdrawal reflected our view that the company’s operations were likely to deteriorate further in the
  next 12 months, at least.

Moody’s also downgrade, but did not withdraw the rating:

Moody’s Investors Service has downgraded to Caa1 from B1 the corporate family and senior unsecured debt ratings of Sino-Forest Corporation (“Sino-Forest”).

At the same time, Moody’s continues its review for further downgrade.

What a surprise! The Maple-TMX deal may well fail!

TMX Group Inc., which has gained the most of any exchange involved in the industry’s biggest wave of acquisitions, is now in danger of being left without a buyer.

Since reaching a three-year high in June as the London Stock Exchange Group Plc and a group of Canadian banks waged a bidding contest, the owner of the Toronto bourse has now fallen more than 10% with the LSE scrapping its agreement. TMX is trading almost $10 below the $50-a-share unsolicited bid from Maple Group Acquisition Corp., close to the widest gap since it was announced in May and indicating that traders are growing increasingly concerned the takeover will also fail.

While more than US$30-billion in acquisitions for exchanges have been announced in the past year, only one deal — Deutsche Boerse AG’s takeover of NYSE Euronext — has been approved by shareholders. Macquarie Group Ltd. says Maple’s attempt to buy TMX may not overcome antitrust scrutiny because it would combine Canada’s largest bourse with its biggest rival, Alpha Group, and create an entity controlling 85 percent of the nation’s trading. That may make TMX, one of the least valuable market venues versus earnings, fall further, said WallachBeth Capital LLC.

Of course, that all depends on what you mean by the word “fail”. If you define success as “scuttling an international acquisition that would create an entity with enough size to talk back to the banks”, then it’s already a success!

The Globe & Mail blog had a good post titled Ms. Lagarde’s recapitalization plan makes sense:

Freed of her government shackles, the former French finance minister pulled no punches Saturday in her first major speech to the august audience. Ms. Lagarde declared flatly that European banks “need urgent recapitalization. They must be strong enough to withstand the risks of sovereigns and weak growth. This is key to cutting the chains of contagion. If it is not addressed, we could easily see the further spread of economic weakness to core countries, or even a debilitating liquidity crisis.”

Her proposal: “Mandatory substantial recapitalization — seeking private resources first, but using public funds if necessary.”
…
The response, predictably, has been howls of indignation in European political and banking circles. A Reuters headline summed up the attitude: “Europe snubs IMF call to force-feed bank capital.”
…
But there is a saying that a nation’s banking system is only as sound as its government. And that is particularly true in Europe, where banks hold an inordinate amount of government debt on their books. The reason is simple: Loans to your friendly local government count as a risk-free asset under Basel rules. Too bad the markets don’t agree.

Golly – substitute “AAA subprime paper” for “loans to your friendly local government” and that last paragraph could have been written in 2008!

Her published remarks also include an exhortation for the US:

So the United States needs to move on two specific fronts.
….
Second—halting the downward spiral of foreclosures, falling house prices and deteriorating household spending. This could involve more aggressive principal reduction programs for homeowners, stronger intervention by the government housing finance agencies, or steps to help homeowners take advantage of the low interest rate environment.

See the post titled Redefault on Modified Mortgages for more on that idea.

There’s more commentary at BusinessInsider.com

The Italians aren’t hurting enough yet:

The Italian government backtracked on parts of its widely criticized austerity package on Monday, scrapping a tax on high earners and scaling back cuts to local authority funding.

In a statement after seven hours of talks at Prime Minister Silvio Berlusconi’s home outside Milan, the government said it would also exclude years spent at university and military service from retirement age calculations, delaying retirement for some people.

The statement contained little detail on the funding impact of the changes or how the government would make up for revenue lost from the €45.5-billion ($66-billion U.S.) austerity package now making its way through parliament which is aimed at balancing the budget by 2013.

There was also no mention of any increase in value-added tax, a measure which had been widely mooted in the media before the meeting.

It was a good day overall for the Canadian preferred share market, with PerpetualDiscounts gaining 21bp, FixedResets down 3bp and DeemedRetractibles up 10bp. Volatility was reasonable. Volume was a little on the soft side of average.

Three cheers for Muddy Waters!

The Ontario Securities Commission said it ordered five executives of Sino-Forest Corp. (TRE) including Chief Executive Officer Allen Chan to resign because the forestry operator may have misrepresented revenue and exaggerated its timber holdings.

Canada’s main securities regulator also ordered the shares to cease trading, it said in an e-mailed statement today. Stan Neve, an external spokesman for the Hong Kong- and Mississauga, Ontario-based company, declined to comment. OSC spokesman Dylan Rae didn’t immediately return a phone call seeking comment.

The OSC Cease Trade / Suspension Order states in part:

12. Sino-Forest, through its subsidiaries, appears to have engaged in significant non-arm’s length transactions which may have been contrary to Ontario securities laws and the public interest;

13. Sino-Forest and certain of its officers and directors appear to have misrepresented some of its revenue and/or exaggerated some of its timber holdings by providing information to the public in documents required to be filed or furnished under Ontario securities laws which may have been false or misleading in a material respect contrary to section 122 or 126.2 of the Act and contrary to the public interest;

14. Sino-Forest and certain of its officers and directors including Chan appear to be engaging or participating in acts, practices or a course of conduct related to its securities which it and/or they know or reasonably ought to know perpetuate a fraud on any person or company contrary to section 126.1 of the Act and contrary to the public interest;

Let’s take a vote … would the Madoff Ponzi scheme have done so much damage if it had been possible to short-sell his fund?

The OSC later rescinded the order regarding the executives because, um, they don’t have that authority:

The Ontario Securities Act doesn’t allow the commission to force the resignation of a corporate officer in a temporary order without a hearing.

Well, one way or another, it looks like Sino-Forest was actually doing something naughty – just how naughty, is currently impossible to tell, but I don’t think the OSC would take this step unless they could actually point to something meaningful. Fearless Forecast: the usual pack of clowns will claim that (a) this is the regulators’ fault, and (b) it never would have happened if we had a national regulator.

US banks have a problem – too much money:

U.S. regulators have asked some banks to take more deposits from large investors even if it’s unprofitable, and lenders in return are seeking relief on insurance premiums and leverage ratios, according to six people with knowledge of the talks.

Deposits are flooding into the biggest U.S. banks as customers seek shelter from Europe’s debt crisis and falling stock prices. That forces lenders to raise capital for a growing balance sheet and saddles them with the higher deposit insurance payments. With short-term interest rates so low, it’s hard for financial firms to reinvest the new money profitably.
…
While the Fed has been paying 0.25 percent interest on deposits placed with the central bank, known as interest on excess reserves, since late 2008, it may not be enough to erase the cost to banks of holding the deposits, said Robert Eisenbeis, a former head of research at the Federal Reserve Bank of Atlanta and now chief monetary economist for Sarasota, Florida-based Cumberland Advisors Inc.
…
FDIC insurance fees for large banks typically average more than 0.1 percent, three of the people said. In addition, large banks also may apply an internal capital charge of at least 0.1 percent to such reserves, one bank executive estimated.

The Greek government has announced terms for its COMPLETELY VOLUNTARY exchange offer:

“Greece shall not be obliged to proceed with any portion of the transaction described in this letter unless holders of eligible GGBs tender, in response to Greece’s eventual Invitation to Tender, eligible GGBs having a principal amount equal to not less than 90% of all eligible GGBs, including 90% of that portion of the eligible GGBs maturing during the period from June 30, 2011 through August 31, 2014. If these thresholds (or either of them) are not met, Greece shall not proceed with any portion of the transaction described in this letter if it determines, in consultation with the official sector, that the total contribution of private sector creditors towards the financing needs of Greece and Greece’s debt sustainability resulting from this transaction is insufficient to permit the official sector to support the new multi-year adjustment program for Greece announced on July 21, 2011.”
…
The interest rate (which will comprise of an initial rate applicable to years 1–5 increasing by 0.50% p.a. for years 6-10 and a further 0.50% p.a. for years 11-30) will be determined at or about the time of launch of the liability management transaction (the “Rate Fixing Date”) to result in a net present value of 79% of the face value of eligible GGBs tendered.

Merkel continued to ratchet up the inflammatory language:

German Chancellor Angela Merkel said investors are trying to “blackmail” governments into helping debt-strapped European countries, underscoring the need for all euro-area governments to reduce debt.

You tell ’em, Merkel! You tell the financial markets: ‘We won’t pay your extortionate interest rates because we don’t need to borrow any money!’ That’ll fix ’em.

Hurricanes affect markets:

Rates for borrowing and lending securities in the repurchase-agreement market rose and investors sought to extend maturities on concern power outages and closings of mass transit will keep traders home after Hurricane Irene strikes.

Overnight general collateral Treasury repurchase, or repo, rates, opened today at 0.10 percent and traded at 0.13 percent at 10 a.m. New York time, according to data from ICAP Plc, the world’s largest inter-dealer broker.

Securities dealers use repos to finance holdings and increase leverage. The majority of repo transactions take place on an overnight basis, with those current funding positions maturing on Aug. 29. Diminished staffing and computer-related problems following the hurricane may make it difficult to roll over such transactions.

BC voted in favour of increasing the cost of tax collection:

British Columbian voters have rejected the province’s controversial harmonized sales tax in an unprecedented referendum – a decision that will complicate efforts by the province’s Liberal government to manage B.C.’s finances and may also head off the prospect of a fall election.
…
Adrian Dix, leader of the opposition BC New Democrats, urged the provincial government to move quickly to restore the 7 per cent B.C. provincial sales tax., and also urged the Liberals to focus on the economy, jobs, health, education and the environment.

It was a quiet day for the Canadian preferred share market, with PerpetualDiscounts down 1bp, FixedResets flat, and DeemedRetractibles losing 4bp. Volatility was reasonable; volume was low.

Only four months until Christmas!

Oh, those naughty European speculators! No matter how often they’re told everything is fine, they keep panicking!

Stocks retreated as panic selling pushed Germany’s DAX Index (DAX) down 4 percent in 15 minutes amid speculation that Germany’s public finances are deteriorating and that regulators may impose restrictions on the market. The dollar and Treasuries advanced, while oil fell and Bank of America Corp. shares surged.
…
There was concern Germany’s debt rating would be reduced, said Walter Todd, the chief investment officer at Greenwood Capital Inc. in Greenwood, South Carolina. CNBC reported that S&P, Moody’s Investors Service and Fitch Ratings all affirmed their ratings.

Investors also speculated that Germany would impose a short-selling ban, said Ryan Larson, head of U.S. equity trading at RBC Global Asset Management Inc. in Chicago. German regulator BaFin has “all the regulation in place” regarding short selling in equities, press officer Dominika Kula said, in response to a question on whether the agency may ban the practice.

I propose that anybody wishing to sell a stock should submit a form in triplicate to the regulators, who will ensure that the decision has been made in accordance with the required process. That’ll fix those pesky speculators!
On cue:

French, Italian and Spanish stock- market regulators extended temporary bans on short selling introduced this month in a bid to stem market volatility.

Spain and Italy extended their bans through Sept. 30, regulators in both countries said in a statement. France’s Autorite des Marches Financiers said its ban could last as long as Nov. 11. The “objective” is to lift the temporary ban on short-selling of financial stocks “as soon as market conditions allow,” Spain’s CNMV market regulator said.

YLO took a break on its MTN buyback today, with no filings. However, it appears that they continued buying YLO.PR.B, YLO.PR.C and YLO.PR.D on the exchange through their Normal Course Issuer Bid.

DBRS confirmed Toronto at AA:

DBRS has today confirmed the ratings of the debentures issued by the City of Toronto (the City) at AA. The trends remain Stable, supported by the City’s relatively wealthy tax base and strong resolve in restraining spending and finding permanent solutions to eliminate the budget gap. However, debt remains under considerable pressure as a result of heavy capital spending, which is eroding financial flexibility and could affect the City’s rating if increases are not contained.
…
DBRS commends management for the thorough review underway, which is probably the most extensive cost-containment effort undertaken by the City in recent memory. However, it remains unclear whether Council will approve the full range of measures necessary to protect fiscal sustainability. Significant concerns also remain with respect to the rising tax-supported debt burden, which stood at a moderate $964 per capita at December 31, 2010, but is set to grow by more than 50% to approximately $1,550 per capita by 2014 due to capital investments. While still manageable, the projected debt peak is up notably from the forecasts available at the time of last year’s rating review and is expected to consume a significant portion of the remaining flexibility within the current rating category. Since the capital plan excludes more than $8 billion in transit needs, the risk of further sizeable revisions to debt projections and their potentially adverse effect on the rating remains material.

I received notice today that a neighbor is seeking a zoning variance. It would appear that supporting documents are not filed electronically and are not available on the Internet. I have get to the York Civic Centre and ask a bureaucrat if I can look at them. Hymas Bonehead Rating Service confirms Toronto at AAAA++.

The Canadian preferred share market pulled back today, with PerpetualDiscounts down 13bp, FixedResets off 10bp and DeemedRetractibles losing 26bp. Good volatility – albeit highly skewed to the negatives! – and volume was merely average, although several issues traded more than 100,000 shares.

Moody’s downgraded Japan:

Japan’s debt rating was lowered by Moody’s Investors Service, which cited “weak” prospects for economic growth that will make it difficult for the government to rein in the world’s largest public debt burden.

Moody’s cut the grade one step to Aa3, with a stable outlook, it said in a statement today. Rebuilding costs from the March 11 earthquake and tsunami, along with continuing efforts to contain the Fukushima nuclear crisis, may make it hard for officials to meet their borrowing target this year, it said.

More joy from US housing:

Home prices in the U.S. fell 5.9 percent in the second quarter from a year earlier, the biggest decline since 2009, as foreclosures added to the inventory of properties for sale.

Prices dropped 0.6 percent from the prior three months, the Federal Housing Finance Agency said today in a report from Washington. In June, prices retreated 4.3 percent from a year earlier, while increasing 0.9 percent from the previous month.
…
The U.S. inventory of homes for sale averaged 3.7 million during the second quarter, the highest since the third quarter of 2010, data from the National Association of Realtors show. The mortgages on 6.5 million U.S. homes had late payments or were in foreclosure in June, according to Lender Processing Services Inc. in Jacksonville, Florida.

It’s all the banks fault! Banks are evil! Banks should show forebearance, the way the neighbors would!

Members of the Vintage East Condominium Association in Miami Beach got tired of waiting for JPMorgan Chase & Co. (JPM) to foreclose on unit 9, so they sued the bank in February to take control of the property.

In June, more than four years after the owner stopped making payments, a judge ruled that JPMorgan lost its claim to the $144,000 mortgage. The apartment is now on the market for $87,500, and the association may stave off insolvency with proceeds from the sale and a new owner who pays monthly dues, said Jane Losson, a board member at the complex.
…
Financially troubled condo associations are taking banks to court as foreclosure delays enable delinquent homeowners to stay in their buildings for years, often without paying dues that keep boards running. The groups start by pressuring lenders to speed up home seizures and take over payment of the monthly fees. In extreme situations, like the Vintage East case, associations may force banks to give up rights to the property.
…
The bank delays have left homes in the delinquency process longer. U.S. homeowners facing foreclosure averaged 587 days without making a mortgage payment in June, up from 251 days in January 2008, according to Lender Processing Services Inc. (LPS), a real estate information company in Jacksonville, Florida.

In Florida, where 14 percent of homes with a mortgage have a foreclosure notice, the average delinquent borrower hadn’t made a payment for 719 days, or almost two years, LPS data show.

What a surprise! European credit markets are sick:

Investors are demanding a yield of 42 per cent to buy Greek two year notes amid concern that bailouts won’t work.

In the corporate credit markets, huge financial institutions aren’t able to borrow for longer terms such as five years. There’s no credible market for their bonds, strategists say, but even guesses at the prices show interest rates that investors would demand from banks mean there’s no way they would borrow.

This is having a few knock-on effects:

UBS AG (UBSN)’s decision to cut 5 percent of its workforce brings to more than 40,000 the number of jobs cut by European banks in the past month as the region’s worsening sovereign debt crisis crimps trading revenue.

UBS, Switzerland’s biggest bank, said yesterday it will eliminate 3,500 jobs, mainly from its investment bank. It follows HSBC Holdings Plc (HSBA), which announced 30,000 cuts on Aug. 1, Barclays Plc (BARC), which is cutting headcount by 3,000, and Royal Bank of Scotland Group Plc (RBS), which is eliminating 2,000 posts. Credit Suisse Group AG (CSGN) announced 2,000 reductions on July 28.

European banks are slashing jobs this year six times faster than their U.S. peers, according to data compiled by Bloomberg…

I’m not the only one nervous about the ECB buying bad credits:

“In the long term, this can’t be good, and therefore should be tolerated at best for a short period of time,” Mr. Wulff said in the English text of his remarks, which were delivered in German. “The guardians of the currency, too, must quickly find their way back to the agreed principles. I regard the huge buy-up of government bonds of individual states by the European Central Bank as legally questionable.”
…
Mr. Wulff’s views are reflective more of the mood of the rank-and-file of Germany coalition government than of the government itself. German Chancellor Angel Merkel said in the eastern German city of Mageburg Wednesday that she would vigorously fight the breakup of the currency bloc.
…
The yield on two-year Greek debt surged to a record Wednesday, as investors demanded interest of more than 44 per cent to buy the security. Faith in the latest European effort to rescue Greece is waning as several of its euro-area partners demand collateral in return for aid payments. Greece earlier sent Finland cash to secure the Nordic country’s contribution to the pan-European bailout plan.

You win some, you lose some:

John Paulson, the billionaire who is betting on an economic recovery by the end of 2012, has lost about 14 percent this month on a merger arbitrage hedge fund, according to an investor.

The Paulson Partners Enhanced fund declined 11 percent this year through Aug. 19, said the investor, who asked not to be named because the information is private. The fund had been up 2.9 percent this year through Aug. 4.

Paulson’s merger-fund losses add to the declines his New York-based firm, Paulson & Co., has suffered on other strategies. His largest hedge fund, Paulson Advantage Plus, dropped 22 percent this month through Aug. 19, bringing its 2011 loss to 39 percent, the investor said.

I wonder how the Disadvantage Minus fund did!

DBRS confirmed AER.PR.A at Pfd-3.

S&P downgraded Sino-Forest yesterday:

• We believe the delay in the findings of an independent committee’s investigation into fraud allegations is negative for Sino-Forest’s credit profile.
• In addition, the company’s operating profit declined in the most recently reported financial quarter.
• We are therefore lowering the corporate credit rating on Sino-Forest and the issue rating on its senior unsecured notes and convertible bonds to ‘B’ from ‘B+’.
• We have kept all the ratings on CreditWatch with negative implications. We may withdraw or suspend the ratings if we believe information risk is too high, such as the company delays its results announcement for the third quarter of 2011 or the investigation is extended again.

It was a good day for the Canadian preferred share market, with PerpetualDiscounts winning 20bp, FixedResets gaining 12bp and DeemedRetractibles up 17bp. Good volatility, with the Performance Highlights table comprised completely of winners. Volume was average.

PerpetualDiscounts now yield 5.45%, equivalent to about 7.08% interest at the standard equivalency factor of 1.3x. Long Corporates now yield about 4.95%, so the pre-tax interest-equivalent spread is now about 210bp, a tightening from the 225bp reported August 17 as the yields converged slightly.