Archive for November, 2007

David Berry Hearing Set for December 10

Monday, November 19th, 2007

The hearing into David Berry’s preferred share trading practices originally set for October 29, then postponed has now been rescheduled for December 10 after a rather cryptic ruling on disclosure.

Readers will remember that this case revolves around some fairly minor rule violations that Mr. Berry is alleged to have committed during the course of his employment. Following a contract dispute, Scotia was shocked shocked to discover that rule violations took place.

Mr. Berry’s assistant has settled with RS.

Mr. Berry is suing Scotia for $100-million for unjust dismissal; he is seeking to show that any rule violations are due to inadequate training and supervision. If he can prove this, his case for $100-million becomes a lot stronger; if he can’t prove this, Scotia’s case that firing is an appropriate remedy for the shocking shocking behaviour becomes a lot stronger.

RS is just being used as a pawn here. It’s disgraceful and brings the regulatory system into disrepute. In this particular case, it’s clear from the picayune nature of the allegations that regulation is not being used to protect the marketplace; it’s being used to ensure that everybody is guilty of something.

EN.PR.A : Term Extended, Partial Redemption Announced

Monday, November 19th, 2007

In accordance with the company’s plans, Energy Split Corp. II Inc. has announced:

that the final condition required to extend the term of the Company for an additional three years to December 16, 2010, has been met. Holders of Capital Yield Shares and holders of ROC Preferred Shares previously approved the extension of the term of the Company subject to the condition that a minimum of 1,280,000 Capital Yield Shares remain outstanding following the November 16, 2007 additional special retraction right (the “Special Retraction Right”). Following the Special Retraction, 2,366,686 Capital Yield Shares (representing 98% of the currently outstanding Capital Yield Shares) will remain outstanding.

In order to increase the asset coverage for the continuing ROC Preferred Shares and in order to meet the requirements needed to maintain the current rating of Pfd-2 (low), the Company expects to call approximately 16% of the continuing ROC Preferred Shares for redemption on December 14, 2007 on the same basis as those tendered to the Special Retraction Right. The exact number of shares called for redemption will be announced on November 30, 2007. While the Company expects to receive a confirmation of the Pfd-2 (low) rating on the ROC Preferred Shares, the redemption and reorganization is not conditional on the rating being maintained. Upon the completion of the reorganization, the Company expects to adjust the number of remaining outstanding ROC Preferred Shares by way of sub-division in order to maintain the ratio of Capital Yield Shares to ROC Preferred Shares of two-to-one.

EN.PR.A is tracked by HIMIPref™, but is not included in any of the indices due to low average volume. There are a mere 1,209,398 shares outstanding, according to the Toronto Stock Exchange.

IQW.PR.D : No Conversions, Rate 6.13%

Monday, November 19th, 2007

From Marketwire …

Quebecor World Inc. (TSX:IQW)(NYSE:IQW) today announced that none of its 12,000,000 issued and outstanding Series 3 Cumulative Redeemable First Preferred Shares (TSX:IQW.PR.D) (the “Series 3 Preferred Shares”) will be converted into Series 2 Cumulative Redeemable First Preferred Shares (the “Series 2 Preferred Shares”).Shareholders who had elected to convert will have returned to them, as soon as practicable after December 1, 2007, share certificates representing the number of Series 3 Preferred Shares surrendered for conversion. Starting December 1, 2007 and until November 31, 2012, holders of Series 3 Preferred Shares will be entitled to receive quarterly fixed dividends at an annual rate of 6.13% subject to being declared by the Board of Directors of Quebecor World and as permitted by applicable law. The Series 3 Preferred Shares will remain listed on The Toronto Stock Exchange under the symbol IQW.PR.D.

It would seem that the market emphatically agrees with my assessment that the fixed-rate was the way to go for the next five years!

Irresponsible Accolades by Canadian Business Online

Saturday, November 17th, 2007

Canadian Business Online has a series profiling “Canada’s Best Small Investors” and on October 26 they profiled Rob Morrison.

Now, as it happens, I know Mr. Morrison slightly. He was an active chess player when I was active; he was always much, much better than me (he was a master at the time I was a mere “C Class” player) and our difference in age (he’s about 5 years older) was much more significant at the time, so we never did much more than exchange nods – in fact, I would be flattered if he remembered me.

Anyway, he is profiled in the Canadian Business series. The article has an adulatory tone; there is no actual returns analysis presented in the piece, which is really just a highlights reel of Mr. Morrison’s most stunning investments.

As I’ve mentioned before, this is a warning sign. Yes, you want to know how people achieved their returns; but that’s after you have their track record in hand so you have a better idea of what questions to ask.

I have no complaints about Mr. Morrison’s security analysis, which is not too surprising since the article’s tone is so upbeat. He appears to specialize in distressed – or seemingly distressed – companies that are being beat up by the market even more than they should be. It’s an extreme form of value investing and to some extent might be pigeonholed as ‘special situations’. There’s nothing wrong with that! There’s a lot of money to be made by kindly offering to take investments off the hands of someone who’s panicking.

My ire is aroused by the concentration so blithely applauded in the article:

Morrison started buying in 2000. Jo-Ann’s stock continued to swoon. It hit bottom at about $3 in early 2001, and Morrison invested all the way down. By mid-2001 Morrison was seeing signs of recovery, and in August that year he bet the farm on Jo-Ann.

It was a gutsy move—and a masterstroke. Toward the end of 2001, as Jo-Ann Stores sorted out its inventory problems and secured new financing, its shares rose from $3 to $6. By late summer 2002, they were in the mid-$20s. Later that year, when Jo-Ann hit the high $20s, Morrison began to sell. At that point he had 94% of his holdings invested in the stock.

How could he bet nearly everything on a single distressed company? Morrison says he protected himself the best way he knew how—by paying much less for a good company than he knew it was worth. He had researched every aspect of Jo-Ann Stores. He had even driven to the U.S. with a friend to check out a dozen locations and chat with the sales staff.

Nothing wrong with the analysis.

Everything wrong with the execution.

Putting 94% of your portfolio into a single company is reckless – there’s really no other word for it.

As I have so often emphasized in this blog, the world is a chaotic place. The best analysis in the world relies on things that have already happened … new things can, and do, happen all the time, with unforseen and unforseeable effects.

The only way to guard against such random chance is through diversification. If you make a lot of small bets – and they really are diversified – then the effects of random chance will be mitigated and you will be left with the incremental returns you deserve as the fruits of your analytical labour.

If Mr. Morrison’s investment in Jo-Ann Stores had been limited to, say, 10% of his portfolio, I would be the first to applaud – assuming, of course, that his long term track record, when analyzed properly, is as good as implied in the article.

But in holding up for admiration an investor who put 94% of his portfolio into a single bet, Canadian Business has done small, perhaps impressionable, investors a disservice.

Excellent Article on Canadian ABCP

Saturday, November 17th, 2007

The Globe and Mail astonished me this morning with a superb, balanced report on the August 2007 Canadian ABCP Collapse. They have even eased up on their concentration on the Credit Rating Agencies.

The article sticks to its knitting, focussing on real, live, actual journalism. Not rewriting press releases, not using a press card as soapbox for some strange idea or another; just plain old getting out there and asking questions. It’s a shame that in exchange for this access, they (presumably) had to ease up on tough questions like: ‘What made you think you had the skills to invest $100-million dollars?’, but hopefully shareholders will attend to that aspect of the matter.

In line with this, they do not offer any prescriptions to “fix” the system, but there are some interesting snippets in ‘Chapter 10 : Learning Lessons’:

“We don’t understand what’s going on in our markets any more and we feel we can’t trust anyone,” said Dwayne Lo, comptroller of First Quantum Minerals Ltd.

Good for you, Mr. Lo! You have now passed the first test in becoming a portfolio manager.

The blame for the lack of transparency rests on many shoulders. Investors didn’t ask, sellers didn’t tell, and regulators who focus on traditional stocks and bonds didn’t push either side of the market to have an honest conversation about risk.

It’s not clear why the Globe feels regulators should be involved, but we’ll let that pass. They make the point elsewhere that ABCP conduits inter alia can have some strange things in them; investors should be looking for a good level of credit enhancement; and, perhaps most importantly, credit risk is not the only risk in the marketplace.

Anyway, I recommend this article to anybody with an interest in August’s events.

November 16, 2007

Saturday, November 17th, 2007

Accrued Interest wrote an interesting post regarding market volatility, which is particularly timely in view of kaspu’s question in the November 15 comments. He reviews the constant 1-2% moves in the market (“Sub-prime’s over!” “Sub-prime’s worse!” “Buy!” “Sell!”) and concludes that as far as day-to-day excess volatility is concerned:

So if the market isn’t manic-depressive, and fundamental buyers don’t tend to jump in and out of their investments from day to day, who really is moving the market and why?The answer is so-called fast money. Mostly prop desks at the big dealers and some hedge funds.

I will agree that these players have a big influence; but will note that sometimes “real money” accounts hire “hot money” traders and, for better or worse, a huge pension fund can be taking a completely speculative ten-minute position. Lots of pension funds are explicitly invested in hedge-funds, for example, so the taxonomy becomes a little confused.

Other influences should not be disregarded. There are, for instance asymettric asymmetric rewards to stockbrokers: say that an issue that should be at $20 is trading at $18. After getting all their information and advice together, they are as sure of this as they will be of anything. But … say this thing is a pref that might default. If it goes to $20, they’ve made 11% on the investment and the client’s a little happier than otherwise. If it defaults, they lose the client. So they sell. Asymettric Asymmetric and non-aligned risk/reward profiles! If it subsequently defaults, they’ve got something to discuss with their clients for the next twenty years or so. If it subsequently goes to $20, they can simply emphasize how lucky the company was to avoid default and how no rational conservative investor would take such chances.

I myself have had extremely frustrating discussions with clients who want to sell something because it has gone down. If they sell it, they won’t have to worry about it any more. End of analysis.

Be that as it may, I think there’s some stuff left out of that; most notably that prices are set by the marginal buyer and seller. Royal Bank shares have a volume of what, maybe 2.5-million shares a day? The TSX advises that 1,276,215,683 common shares are outstanding, so daily volume is, on average, about maybe 0.2% of outstanding. So if Royal Bank goes up 2%, we can say that this is because investors worth 0.2% of the company decided it was worth 2% more, but holders of 99.8% of the company didn’t change their minds. There is no reason why every single one of the 0.2% minority can’t be real money.

It should be emphasized here that a great many models of efficient markets assume infinite liquidity – and infinite liquidity does not exist. If I’m a real money investor and I need to raise $10-million, the only things I can sell are the things I already own. So bang! there goes a $10-million sell order on the stock I choose and it may be expected that the price will go down, even though I haven’t changed my mind regarding that particular stock at all.

Such things are called market impact costs, virtually ignored by academics because it’s hard to measure, hard to model, and because it contradicts the Holy Efficient Market Hypothesis. One can make a whole lot of money – and many, many, many players do make a whole lot of money – simply by selling liquidity to the marketplace, taking the other side of those trades.

Accrued Interest makes another point with which I do not entirely agree -or, at least, that I feel deserves elucidation:

And of course, if XYZ is getting beat up, then other names in the same industry get beat up also. Maybe the buyer of protection on XYZ had a view specific to that company, but now there is momentum. Dealer desks will start buying protection against related companies. Suddenly a whole sector is 30-50bps wider on no news.

I have no doubt that in lots of cases the transmission mechanism is as silly as AI describes, but there is a more rational explanation.

Say I have a certain amount of my portfolio invested in Banks. At 9am I’m very happy about my portfolio, because it’s all in the cheapest bank, “A”. Without any news – or, at least, with no news I deem significant – Bank “B” starts diving. Quick! Update the valuation model! Yes! A swap is possible! Sell “A” and buy “B”! Thus, while acting as a strictly fundamental value investor, I am converting weakness in “B” to weakness in “A”.

Anyway … there was a bit more clarification on the Fannie Mae accounting panic discussed briefly yesterday. Fannie was so worried, they held a conference call. From what I could make out – without having done any prep on this, you understand; the kerfuffle is over one table in a set of three filed documents each being 100-odd pages long – what happens is this:

  • FNMA securitizes & guarantees mortgage pools
  • One mortage with a principal value of $100,000 goes bad.
  • Fannie buys it from the pool for $100,000 (this is where they earn their guarantee fee)
  • Fannie determines the actual value of the mortgage using its internal models
  • Fannie determines the market value of the mortgage (this is the fun part … getting quotes on delinquent mortgages in this environment)
  • Fannie puts the asset on the books at the lower of the two prices (guess which one that is) and charges the balance to expenses

As far as I could make out from the call, they are claiming:

  • the expense skyrocketted this quarter because market value has plummetted, not because of any huge increase in volume, or because their internal recovery expectations have changed much
  • they expect the majority of the delinquencies to be cured
  • the loss recovery rate will be fairly large and will come back onto the balance sheet as income

I think. Bloomberg has a story on it too.

Same old same old in pref-land: volume is good, prices are strange.

 

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 4.82% 4.82 151,108 15.78 2 -0.6691% 1,045.4
Fixed-Floater 4.87% 4.84% 82,736 15.77 8 -0.1466% 1,044.9
Floater 4.59% 4.62% 60,793 16.09 3 -0.6726% 1,024.0
Op. Retract 4.86% 3.99% 77,894 3.53 16 +0.0302% 1,032.3
Split-Share 5.29% 5.57% 88,867 4.12 15 -0.5620% 1,021.5
Interest Bearing 6.29% 6.35% 64,122 3.50 4 +0.0038% 1,051.5
Perpetual-Premium 5.85% 5.51% 81,900 7.14 11 -0.0999% 1,008.3
Perpetual-Discount 5.59% 5.64% 325,621 13.99 55 -0.1865% 904.0
Major Price Changes
Issue Index Change Notes
BNA.PR.B SplitShare -6.8421% Asset coverage of 3.8+:1 as of July 31, according to the company. Now with a pre-tax bid-YTW of 6.38% based on a bid of 23.01 and a hardMaturity 2016-3-25 at 25.00. This one’s actually quite funny, provided you have a sick sense of humour. It traded 2,350 shares today in seven trades in a four cent range 24.66-70. But then it just ran out of bids, closing at a shoot-the-market-maker quote of 23.01-24.99, 5×10. It is sobering to realize that even at the low bid, the issue still has the lowest bid-YTW of any of the three BNA split-shares; BNA.PR.A is at 6.61% (25.10-11, hardMaturity 2010-9-30) and BNA.PR.C is at 7.73% (!) (19.05-33, hardMaturity 2019-1-10). It will be most interesting to see if there are any bids Monday morning.
FTU.PR.A SplitShare -2.7495% Asset coverage of just under 2.0:1 as of October 31, according to the company. Now with a pre-tax bid-YTW of 6.40% based on a bid of 9.55 and a hardMaturity 2012-12-1 at 10.00
POW.PR.D PerpetualDiscount -2.4828% Now with a pre-tax bid-YTW of 5.97% based on a bid of 21.21 and a limitMaturity.
BAM.PR.K Floater -1.9558% Another funny one. It did this on volume of one share. Not one lot … one share. TD sold it to Hampton at 23.06, the closing bid.
ELF.PR.F PerpetualDiscount -1.8960% Now with a pre-tax bid-YTW of 6.66% based on a bid of 20.18 and a limitMaturity.
HSB.PR.D PerpetualDiscount -1.7778% Now with a pre-tax bid-YTW of 5.74% based on a bid of 22.10 and a limitMaturity.
IAG.PR.A PerpetualDiscount -1.7241% Now with a pre-tax bid-YTW of 5.86% based on a bid of 19.95 and a limitMaturity.
RY.PR.W PerpetualDiscount -1.3268% Now with a pre-tax bid-YTW of 5.51% based on a bid of 22.31 and a limitMaturity.
PIC.PR.A SplitShare -1.3158% Asset coverage of 1.66:1 as of November 8, according to Mulvihill. Such a ratio is getting into the “worrisome” range, but the assets are common shares in the Big 5 banks, so I’m not worrying much. Now with a pre-tax bid-YTW of 5.88% based on a bid of 15.00 and a hardMaturity 2010-11-1 at 15.00. But how about that, eh? 5.88% dividend, interest equivalent 8.23%, on quite reasonably well secured (two of the five banks could go to ZERO and it would still pay in full) three year money? Now I’ve seen everything!
BSD.PR.A InterestBearing -1.0929% Asset coverage of just under 1.71:1 as of November 9, according to the company. Now with a pre-tax bid-YTW of 7.98% (mostly as interest) based on a bid of 9.05 and a hardMaturity 2015-3-31 at 10.00.
Volume Highlights
Issue Index Volume Notes
TD.PR.O PerpetualDiscount 112,915 RBC bought 10,200 from Nesbitt at 22.27. Now with a pre-tax bid-YTW of 5.49% based on a bid of 22.27 and a limitMaturity.
TD.PR.P PerpetualDiscount 64,485 Recent inventory blow-out. Now with a pre-tax bid-YTW of 5.50% based on a bid of 24.03 and a limitMaturity.
BAM.PR.N PerpetualDiscount 51,860 Now with a pre-tax bid-YTW of 6.64% based on a bid of 18.21 and a limitMaturity.
RY.PR.B PerpetualDiscount 46,927 Now with a pre-tax bid-YTW of 5.42% based on a bid of 21.79 and a limitMaturity.
LBS.PR.A SplitShare 92,400 CIBC crossed 64,600 at 10.06; Scotia crossed 25,000 at the same price. Asset coverage of just under 2.4:1 as of November 15, according to Brompton Group. Now with a pre-tax bid-YTW of 5.18% based on a bid of 10.10 and a hardMaturity 2013-11-29 at 10.00.

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

Update, 2007-11-18: Spelling of assym asymett asymmetric has been corrected. Thanks to a Keen-Eyed Assiduous Reader!

David Einhorn vs. the Credit Rating Agencies

Friday, November 16th, 2007

Naked Capitalism provides a summary of a a fascinating speech by David Einhorn regarding the credit rating agencies.

He wants the agencies to lose their exemption from Regulation FD, thereby ensuring that any information that the agencies see becomes public information.

He claims that each type of bond a different rating scale is used with a different “idealized default rate”, and that ratings are assigned to individual securities relative to their idealized rates. Thus, he says, “an A rate muni has the same chance of default as a AA/AA- rated corporate and a AA+ rated CDO. When municipal bonds default the expected recovery rate is 90% compared to 50% on corporates and CDOs”. I have started digging into this and found idealized structured finance default rates (figure 27, page 30 of the pdf). I’m continuing to check this statement.

He also made a good point about “mark to make believe”. Ellington management, a large hedge fund participant in the mortgage business, suspended redemptions because it couldn’t determine the value of its assets. Apparently they owned a lot of “20/90” bonds, so called because they’re 20 bid, 90 offered. They got roasted in the media. The brokerages own similar assets, but instead of saying they could not prepare their quarterly financials, they moved the assets to Level 3 “Mark to make believe” under FASB 157, and assigned them their best guess of fair value.

He has many critiques of the business … and an ad for his forthcoming book! Read the whole speech, it’s very well done.

Update, 2007-11-19: Thanks to Accrued Interest in the comments for putting me on the right track – I found the Moody’s study, dated 2002Moody’s US Municipal Bond Scale:

Like the bond markets themselves, Moody’s rating approach to municipal issuers has been quite distinct from its approach to corporate issuers. In order to satisfy the needs of highly risk averse municipal investors, Moody’s credit opinions about US municipalities have, since their inception in the early years of the past century, been expressed on the municipal bond rating scale, which is distinct from the corporate bond rating scale used for corporations, non-US governmental issuers, and structured finance securities.

Just for fun, I started looking up “Brookfield” – I know that’s the name of several rated municipalities, I see the name all the time when looking up a certain well known corporation – and, right beside the list of possibles, I see a link to The U.S. Municipal Bond Rating Scale: Mapping to the Global Rating Scale and Assigning Global Scale Ratings to Municipal Oblications dated March 2007:

In recent years, the lines separating the U.S. municipal market from other global markets have become increasingly blurred as growing numbers of “crossover” buyers invest in municipal bonds for various reasons. The market overlap is caused partly by U.S. municipalities issuing more debt in the taxable market, and partly by global investors who may not be subject to U.S. income taxes but are nevertheless purchasing municipal bonds for portfolio diversification and other purposes not linked to the debt’s tax-exempt status.

In response to these developments, and in an effort to provide greater transparency about the meaning of our ratings, Moody’s has spent the past five years refining our analytical approach for expressing the relationship between the U.S. municipal scale and the global rating scale.

If it was a secret, they don’t appear to have kept it very well!

HIMIPref™ Preferred Indices : June 2003

Friday, November 16th, 2007

All indices were assigned a value of 1000.0 as of December 31, 1993.

HIMI Index Values 2003-6-30
Index Closing Value (Total Return) Issues Mean Credit Quality Median YTW Median DTW Median Daily Trading Mean Current Yield
Ratchet 1,381.2 1 2.00 -0.01% 0.08 182M 3.51%
FixedFloater 2,061.5 8 2.00 3.64% 16.9 125M 5.33%
Floater 1,722.9 7 1.85 3.93% 17.2 103M 4.20%
OpRet 1,672.6 29 1.24 3.71% 3.9 139M 5.06%
SplitShare 1,642.3 8 1.75 1.29% 0.8 54M 5.36%
Interest-Bearing 2,007.6 9 2.00 4.58% 1.2 146M 7.73%
Perpetual-Premium 1,292.2 27 1.52 5.09% 6.4 214M 5.55%
Perpetual-Discount 1,460.9 4 1.75 5.37% 14.8 284M 5.50%

Index Constitution, 2003-06-30, Pre-rebalancing

Index Constitution, 2003-06-30, Post-rebalancing

Weston on Review Negative by DBRS

Friday, November 16th, 2007

DBRS has announced that Weston is under review with negative implications due to the review of Loblaw:

DBRS has today placed the ratings of Loblaw Companies Limited (Loblaw, or the Company) Under Review with Negative Implications based on the Company’s deepening decline in earnings that shows no sign of abating. DBRS is increasingly concerned about Loblaw’s ability to execute on its turnaround plan and achieve the improvements required to maintain its current ratings.

(1) Operational problems such as supply chain management and integration of the management team.
(2) An intensifying competitive environment and Loblaw’s ability to generate meaningful same-store sales growth and improve operating income using a price-reduction strategy in this environment.
(3) Implementation of meaningful cost saving initiatives.

This follows the downgrade to Pfd-3(high) on May 22. Weston has the following preferred issues trading on the TSX: WN.PR.A WN.PR.B WN.PR.C WN.PR.D & WN.PR.E. All except WN.PR.B are fixed-rate perpetual; WN.PR.B is retractible.

This follows a similar announcement by S&P:

Standard & Poor’s Ratings Services today said it placed its ratings, including the ‘BBB+’ long-term corporate credit rating, on Toronto-based retailer Loblaw Companies Ltd. on CreditWatch with negative implications. At the same time, we placed the ratings on parent company George Weston Ltd., including the ‘BBB’ long-term corporate credit rating, on CreditWatch with negative implications.

“The CreditWatch placement follows Loblaw’s announcement of its very weak third-quarter performance,” said Standard & Poor’s credit analyst Maude Tremblay.

Update, 2008-2-7: DBRS has today:

downgraded the long-term ratings of Loblaw Companies Limited (Loblaw or the Company) to BBB (high) from A (low) and has also downgraded the short-term rating to R-2 (high) from R-1 (low). The trend is Negative for the long-term ratings and Stable for the short-term rating.

DBRS’s ratings for George Weston Limited remain Under Review with Negative Implications (where they were placed on November 16, 2007), until the review is completed this month.

S&P also downgraded Loblaws to BBB (no modifier!) and still with a negative trend, while maintaining Weston on Watch Negative. 

November 15, 2007

Thursday, November 15th, 2007

Well, there won’t be much today, I’m afraid! What with fixing (well, patching, anyway) my server problem and a … rather exciting day in the markets, there hasn’t been much time to Stay Abreast of Current Events.

Richard Portes of the London Business School has written a very good essay on VoxEU: International Stability by Design which serves as an executive summary for a major work that he co-authored International Financial Stability.

Now, it is a little fishy of me to comment on his VoxEU essay without purchasing and reading the work on which it is based – but hey! I’m sure he doesn’t mind a little publicity. He deals with hedge funds first, denying any pressing need for regulation:

Many regulators in the US and other major markets believe that the best way to monitor hedge fund activity is indirectly, through their sources of funds.

We see no clear benefit from additional regulation.

So far so good! It was only yesterday that I reiterated my prediliction for a non-regulated – lightly regulated, anyway! Things like insider trading and false advertising still need to be looked at! – sector of the financial markets, where innovation is king.

He is not concerned about the potential for financial market destabilization due to carry trades.

He is concerned, however, about the regulation of Large Complex Financial Institutions:

This suggests that not only regulators, but also the major central banks must cooperate more closely in dealing with liquidity shocks.

but does not provide any specifics – in this summary – of what he means by this. The Bank of England lists LCFIs as:

LCFIs include the world’s largest banks, securities houses and other financial intermediaries that carry out a diverse and complex range of activities in major financial centres. The group of LCFIs is identified currently as: ABN Amro, Bank of America, Barclays, BNP Paribas, Citi (formerly Citigroup), Credit Suisse, Deutsche Bank, Goldman Sachs, HSBC, JPMorgan Chase & Co., Lehman Brothers, Merrill Lynch, Morgan Stanley, RBS, Société Générale and UBS.

LCFIs had the incomprehensible total of USD 23-trillion in assets in 2006, according to Chart 10 of the Bank of England’s April 2007 Financial Stability Report. The Financial Times had a very good report on this at the time.

The next section of Portes’ essay deals with the somewhat related issue of new financial instruments:

Given all the benefits from innovative financial instruments, the appropriate question is how to make these instruments safer. First, market-driven, but regulatory- and supervisory-authority-guided, approaches are necessary for successful financial risk management. As new instruments are designed, regulation must keep pace. Second, financial risk-management solutions must be global.

Finally, having prepared the ground by addressing LCFI regulation and financial novelty regulation, we get to the heart of the matter (and without this section my review of the essay would have been much more cursory!):

Transactions that do not transfer risk should not be treated by regulators as if they do

Many of the new instruments are illiquid, and the role of ratings firms in evaluating them is highly controversial. There has been a transfer of activity from regulated to unregulated investors.

The shift from ‘buy and hold’ to the ‘originate to distribute’ model should not (and probably cannot) be reversed. Policy-makers and industry bodies can try to make it work better, to push it towards a more balanced, market-based model through reforms that include:

  • Regulators and market participants should pay particular attention to “tail risk”
  • New regulations could require originators to retain equity pieces of their structured finance products.
  • Regulators need aggregate information on structured finance instrument holdings and on the concentration of risk to assist in the regulatory process.
  • Industry bodies should promote product standardisation and accurate pricing in the structured finance market.
  • Credit market transactions that do not definitively transfer risk should not be treated by regulators or risk managers as if they do.
  • Ratings firms should provide a range for the risk of each instrument rather than a point estimate, or should develop a distinct rating scale for structured finance products.

I consider these recommendations rather breathtaking – but there is doubtless argument to support the conclusions in the full report. I will merely point out that:

  • the industry, to at least some extent, likes non-standardized products and inaccurate pricing. They can make more money trading that stuff against players who have no idea what they’re doing.
  • how is the requirement that originators hold equity pieces of their transactions to be enforced? If I have some kind of risky revenue stream that I want to monetize, are the regulators really going to stop me? My instinct is to leave this kind of thing with the market and make the ability to say ‘We’ve got skin in this game’ a competitive advantage.
  • the ‘new credit ratings scale’ recommendation has been floated so many times it is acquiring a veneer of inevitability. But Joe Broker does not want a new ratings scale. He wants something easy to explain to his client and his client just wants his hand held. I don’t know what kind of practical effect this cosmetic measure will have.
  • all these recommendations will come to nothing for as long as investors don’t care about their returns – that is, forever.

My last point deserves at least a little elucidation. I have never talked to an investor who didn’t claim he was after performance … sometimes with less risk, sometimes with more risk, but all these guys have been pretty tough cookies, you know, and want good performance … or so they say.

The OSC issued a press release today regarding their review of ICPM marketting practices. I was on the long-list for their preliminary review – I believe every ICPM was. I had to provide them with a list of my websites and a copy of all printed marketting material; after submitting it, I never heard from them again.

Have a look at their summary of results … and bear in mind that these are Investment Counsel / Portfolio Managers that are being looked at, not mere stockbrokers:

Most of the deficiencies fall into one of the following areas:

1. preparation and use of hypothetical performance data
2. linking actual performance of the ICPM’s investment fund or investment strategy with the performance of another fund or investment strategy
3. construction and marketing of performance composites
4. construction and use of benchmarks in marketing materials
5. use of exaggerated and unsubstantiated claims in marketing materials

In the absence of actual deceit, not a single one of the sharp practices listed will withstand two minutes of questioning by a client who is concerned about performance. While the OSC’s efforts in this area are to be applauded, you cannot regulate common sense.

And, briefly, the bond-insurer saga continues, with fears of a USD 200-billion hit to markets if the insurers are downgraded … but the math looks bad enough without being as pessimistic as the very gloomy assumption required to get that high:

Then there is the $1 trillion market for insured securities backed by assets such as home-equity and consumer loans. Concerns about the underlying quality of the assets and the viability of the guarantors have caused investors to price some securities relative to the credit-default swaps of the insurers, according to David Land, a mortgage-bond fund manager at Advantus Capital Management. Advantus, based in St. Paul, Minnesota, oversees about $18 billion.

Insured securities backed by home equity-lines of credit have fallen by 15 percent, based on the rise in credit-default swap rates this year on Ambac’s insurance company. If the entire insured market were to drop that far, it would reduce the value of the securities by $150 billion.

There are some reports of a change in accounting treatment of credit losses by Fannie Mae – which readers will remember is a grossly undercapitalized Government Sponsored Enterprise. As I mentioned on September 20, the GSEs are helping to bail out the mortgage sector, to the condemnation of all right-thinking individuals and cheers from Congress.

As far as I can make out from the FDIC supervision manual, the change in accounting treatment relates to the discounts at which loans are purchased from a third party. If a $100,000 loan is purchased at $60,000 (due to credit concerns), it is no longer booked as a $100,000 loan with a $40,000 credit reserve; it’s booked as a $60,000 loan.

Given that the GSEs are now purchasing impaired loans (at least, to a far greater extent than they have in the past), one would definitely expect there to be a large difference between results from the old and new calculation methodologies. In other words, the issue sounds like a lot of fuss over nothing – but to confirm that I’d have to look very carefully at the source documents and I don’t have time. I’ll leave it as an exercise for the student.

A busy day in the preferred market, with prices falling amidst the now usual amount of completely strange relative pricing.

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 4.79% 4.78 156,168 15.82 2 +0.5941% 1,052.5
Fixed-Floater 4.86% 4.83% 83,857 15.79 8 -0.3642% 1,046.4
Floater 4.56% 4.59% 61,880 16.15 3 -0.5510% 1,031.0
Op. Retract 4.86% 3.90% 79,392 3.32 16 +0.1525% 1,032.0
Split-Share 5.26% 5.48% 88,059 4.14 15 -0.3778% 1,027.2
Interest Bearing 6.29% 6.41% 63,333 3.51 4 -0.3282% 1,051.5
Perpetual-Premium 5.84% 5.49% 82,000 6.99 11 -0.2175% 1,009.3
Perpetual-Discount 5.58% 5.62% 326,297 14.23 55 -0.1810% 905.7
Major Price Changes
Issue Index Change Notes
HSB.PR.C PerpetualDiscount -2.1053% Now with a pre-tax bid-YTW of 5.56% based on a bid of 23.25 and a limitMaturity.
BNA.PR.C SplitShare -1.7481% Asset coverage of 3.8+:1 as of July 31, according to the company. Now with a pre-tax bid-YTW of 7.69% (as DIVIDENDS! The interest equivalent is 10.77% based on a conversion factor of 1.4) based on a bid of 19.11 and a hardMaturity 2019-1-10 at 25.00. I’ve just about given up attempting to rationalize the performance of these things … BNA.PR.A yields 6.59% (hardMaturity 2010-9-30) and BNA.PR.B yields 5.30% (hardMaturity 2016-3-25).
ELF.PR.F PerpetualDiscount -1.4375% Now with a pre-tax bid-YTW of 6.53% based on a bid of 20.57 and a limitMaturity.
SBN.PR.A SplitShare -1.3820% Asset coverage of 2.3+:1 as of Nov. 8, according to Mulvihill. Now with a pre-tax bid-YTW of 5.29% based on a bid of 9.99 and a hardMaturity 2014-12-1 at 10.00.
BMO.PR.J PerpetualDiscount -1.2048% Now with a pre-tax bid-YTW of 5.51% based on a bid of 20.50 and a limitMaturity.
BAM.PR.N PerpetualDiscount -1.1407% Now with a pre-tax bid-YTW of 6.65% based on a bid of 18.20 and a limitMaturity.
SLF.PR.B PerpetualDiscount -1.0787% Now with a pre-tax bid-YTW of 5.53% based on a bid of 22.01 and a limitMaturity.
BCE.PR.B FixFloat +1.0204%  
Volume Highlights
Issue Index Volume Notes
TD.PR.P PerpetualDiscount 651,899 Scotia bought 12,000 from “Anonymous”, crossed 85,000, and crossed 297,600, all at 24.05. Inventory Blow-Out started yesterday. Now with a pre-tax bid-YTW of 5.49% based on a bid of 24.09 and a limitMaturity.
TD.PR.O PerpetualDiscount 110,700 RBC crossed 50,000 at 22.20. Now with a pre-tax bid-YTW of 5.51% based on a bid of 22.17 and a limitMaturity.
CM.PR.A OpRet 80,410 Now with a pre-tax bid-YTW of 4.25% based on a bid of 25.81 and a call 2008-11-30 at 25.00.
RY.PR.E PerpetualDiscount 36,839 Now with a pre-tax bid-YTW of 5.53% based on a bid of 20.45 and a limitMaturity.
CM.PR.G PerpetualDiscount 34,075 Now with a pre-tax bid-YTW of 5.55% based on a bid of 24.51 and a limitMaturity.

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