April 16, 2024

High & Low Finance: Money Funds Are Circling the Wagons on Rules

That group is the money market funds, which function as banks but historically have had the best of all regulatory worlds: no capital requirements, no reserves, no fees for deposit insurance and a belief by their customers that they were at least as safe as banks.

This week the comment period closed on proposed money market rules set forth by the Securities and Exchange Commission. The rules are pitifully weak and inadequate. They could even make the system more vulnerable in a crisis, as the presidents of all 12 Federal Reserve banks pointed out in a letter to the S.E.C.

But that has not stopped the mutual fund industry from trying to weaken them even more.

By coincidence, the deadline for comments was on Thursday, just five days after the fifth anniversary of the collapse of Lehman Brothers. It was that collapse that revealed to all just how shaky the money market industry was.

The answer is — or ought to be — remarkably simple:

“They either have to be banks or mutual funds,” Paul A. Volcker, the former Federal Reserve chairman, told me in an interview. “If they are banks, promising to pay at par on demand, they should be regulated like banks. If they are mutual funds, they should be regulated like mutual funds.”

But such a sensible proposal would outrage the money market fund industry, which has lobbied politicians intensely.

It was perhaps the biggest embarrassment of Mary Schapiro’s tenure as chairwoman of the S.E.C. that she was unable to persuade a majority of commissioners to propose any reform of the industry. So her successor, Mary Jo White, was praised when she managed to get the commission to unanimously put out the two rules for comment. Surely, something was better than nothing.

Well, in this case, perhaps not.

One proposed rule calls for allowing the net asset value of money market funds to fluctuate. Currently, funds price their shares at $1, rounded to the nearest penny, and promise they will remain there. In practice, that means that as long as the value remains at or above 99.5 cents, the fund will not break the buck.

The S.E.C. proposal would stretch that rounding out to the nearest hundredth of a penny.

But the S.E.C. proposal would not actually do very much. Funds that invest primarily in government securities would not face a floating net asset value. Nor would so-called retail money market funds, which allow investors to withdraw no more than $1 million at a time. Even those few funds that would be subject to the rule would be able to use an existing S.E.C. rule that usually lets them assume market prices are equal to par value for any security that will mature within 60 days.

The fact that the proposal would do little has not stopped the industry from complaining. Fund companies want to change the definition of “retail” fund. Some suggest raising the limit to $5 million. Others say that as long as the investor has a Social Security number, the fund should be deemed retail.

The other S.E.C. proposal sets up an elaborate procedure that would allow — but not require — money market funds that have experienced a lot of redemptions to either impose a fee on redemptions or to simply suspend such payments for 30 days. This is called the “gating” proposal because it erects gates to protect funds.

And what is the virtue of that? Well, it would prevent, or at least delay, a run on any fund that got in trouble. If protecting the fund, and not its investors, is the top priority, maybe that makes sense.

But in reality, it probably would do more harm than good. As Eric S. Rosengren, the president of the Federal Reserve Bank of Boston wrote in a letter signed by all the other regional Fed presidents, a fund could run low on liquidity — and thus initiate the gating proposal — if a couple of large investors in the fund withdrew their money for any reason. That could scare investors in other funds that seemed similar in some way, producing more runs and more gates. “As this represents a new run mechanism that does not exist under the status quo, the fees-and-gates alternative may actually increase run risk relative to not enacting further reform,” Mr. Rosengren wrote.

To much of the industry, there is no problem at all. What happened in a 2008 was a “once-in-a-generation scenario” that is unlikely to recur, as a lawyer for one money-market fund group, Federated Investors, put it in a comment letter. Any further reform, he added, “should be designed to preserve the utility” of money market funds.

Floyd Norris comments on finance and the economy at nytimes.com/economix.

Article source: http://www.nytimes.com/2013/09/20/business/money-market-funds-circle-the-wagons.html?partner=rss&emc=rss

High & Low Finance: Masked by Gibberish, the Risks Run Amok

Or should we simply conclude that playing in the modern world of derivatives is best left to those whose survival is not critical to the nation’s economy, and who do not benefit from government-backed deposit insurance?

That question is brought to mind by a reading of the fascinating — well, to me, anyway — story of how JPMorgan Chase got into the mess of the London whale trades that dominated the financial news last year, as told in a report by the Senate Permanent Subcommittee on Investigations that was released last week.

Much of the attention has focused on what Jamie Dimon, the chief executive, knew and when he knew it, and the extent to which the bank intentionally deceived regulators and investors as the investment strategy was blowing up.

I, on the other hand, was struck by the sheer incompetence and stupidity documented in the report.

Consider the following presentation written by Bruno Iksil, the whale himself, on Jan. 26, 2012, as the losses were growing. He called for executing “the trades that make sense.”

He proposed to “sell the forward spread and buy protection on the tightening move,” “use indices and add to existing position,” “go long risk on some belly tranches especially where defaults may realize” and “buy protection on HY and Xover in rallies and turn the position over to monetize volatility.”

That presentation was made to a JPMorgan group called the International Senior Management Group of the Chief Investment Office, which seems to have approved it.

If the proposal does not make sense to you, don’t despair. It is largely gibberish.

“This proposal,” the Senate report states, “encompassed multiple, complex credit trading strategies, using jargon that even the relevant actors and regulators could not understand.” The subcommittee asked officials of both JPMorgan’s Chief Investment Office, or C.I.O., and its regulator, the Office of the Comptroller of the Currency, just what that meant. Nobody seemed to know. (Mr. Iksil, safely overseas, chose not to talk to the subcommittee staff.)

Ina Drew, the bank’s chief investment officer at the time, who supervised the group, said she did not know. One risk officer at the bank said he thought Mr. Iksil was simply proposing a strategy of buying low and selling high. Of course, that is a fine strategy if markets cooperate. But anyone who simply proposed that would have been seen to be blowing smoke. Use all that jargon, and some people will assume you are actually saying something.

The comptroller’s office was able to explain some of what was said, but no one seemed to be sure just what a “belly tranch” might be. The subcommittee speculated it might refer to a security with more credit risk than the safest ones, but less risk than the riskiest ones.

In any case, after the meeting Mr. Iksil embarked on a disastrous strategy that led to larger and larger losses. The portfolio he was running — which the bank initially said was a hedge to reduce its exposure to a general deterioration of credit conditions — became one that would benefit from credit conditions improving.

Over the next two months, as the losses grew, neither senior bank officials nor regulators seem to have had a good understanding of what was happening.

The bank officials were preoccupied with making the mess seem less messy. That involved what they called defensive trading — buying what they already owned to keep market values from falling further — and, when that did not work, fudging the valuations. It involved changing risk models to make what was going on seem to be less risky than it was, and coming up with creative ways to calculate how much capital was really needed.

The regulators seem to have been in their own “see no evil, hear no evil” world. When they eventually had to pay attention, the comptroller’s officials were not bothered by the bank’s withholding of information from them. Instead, one top official dismissed the entire problem as little more than “an embarrassing incident.” Comptroller’s officials immediately said the trades were perfectly proper hedges, something that turned out to be untrue.

Floyd Norris comments on finance and the economy at nytimes.com/economix.

This article has been revised to reflect the following correction:

Correction: March 21, 2013

An earlier version of this column mischaracterized the subcommittee’s speculation on what a “belly tranch” might be. The thought was that it might refer to a security with more risk than the safest securities and less risk than the riskiest ones, not with less risk than the safest securities and more risk than the riskiest ones.

Article source: http://www.nytimes.com/2013/03/22/business/behind-the-derivatives-gibberish-risks-run-amok.html?partner=rss&emc=rss

Regulators in Russia Rescue Bank of Moscow

MOSCOW — Russian regulators said Friday that they had averted the collapse of one of the largest Russian banks by providing a bailout package of 395 billion rubles to Bank of Moscow, suggesting the bank’s problems with bad loans were more severe than previously acknowledged.

The bailout, worth $14.1 billion, raised the specter of balance sheet problems at other Russian banks, which had a tendency during the recession to roll over loans to struggling companies, rather than force them into bankruptcy courts.

Officials, though, have tried to characterize Bank of Moscow’s portfolio of bad loans for real estate projects in the capital as a unique problem created by the former mayor of Moscow as he tried to keep politically connected developers afloat during the downturn.

The bailout, announced in a statement on the Russian central bank’s Web site, will provide Bank of Moscow a 10-year loan of 295 billion rubles from a government deposit insurance program at an interest rate of 0.51 percent. The plan calls for a state bank, VTB, which recently bought equity in Bank of Moscow, to contribute an additional 100 billion rubles.

“The following measures aim to achieve stability of Bank of Moscow operations,” the statement said.

Problems at Bank of Moscow are closely entangled with a power struggle in city government after President Dmitri A. Medvedev fired the long-serving mayor, Yuri M. Luzhkov, last autumn. The city government had owned 46.5 percent of the bank’s stock, while the bank was also a significant lender to a development company, Inteko, that was owned by Mr. Luzhkov’s wife, Yelena Baturina.

After Mr. Luzhkov’s removal, the authorities have been untangling these and other business relationships in the city’s highly lucrative real estate market. Until last year, Moscow had more retail real estate under development than any other city in Europe, trailed distantly by Paris.

The bank’s former chief executive, Andrey Borodin, is wanted by the Russian authorities for approving a $460 million loan that the police say ended up in the personal accounts of Ms. Baturina. Ms. Baturina and Mr. Borodin are both living outside of Russia now, though Ms. Baturina has said her months-long absence is not out of concern about possible criminal prosecution.

VTB, which is majority-owned by the national government, bought the city government’s stake in Bank of Moscow for $3.5 billion in February. It is not clear why the state bank was not aware of the balance sheet problems at Bank of Moscow before the purchase.

Article source: http://www.nytimes.com/2011/07/02/business/global/02ruble.html?partner=rss&emc=rss