Monthly Archives: May 2010

Senate Financial Reform Bill Would Have “Unintended Consequences”

Timothy Ryan, president and CEO of the Securities Industry and Financial Markets Association (SIFMA), scrutinized legislation passed by the Senate that would overhaul financial regulation. “While we continue to support financial-reform legislation that responsibly guards against systemic risk, protects investors and increases regulatory transparency and oversight of all markets, there are several provisions in the current legislation that would undermine the original goals for reform by creating unintended consequences that could have a negative impact on our economy,” Ryan said.   In addition, Standard & Poors, one of the credit rating agencies targeted in S. 3217, the Restoring American Financial Stability Act of 2010, warned that the financial reform bill could result in a number of unintended consequences and might give credit rating agencies less incentive to compete with each other.

Highest on the list of provisions that could have a “negative impact,” according to SIFMA is the bill’s implementation of the so-called “Volcker Rule,” which would ban banks from buying or selling investments for their own accounts, independent of customer needs.  SIFMA opposes the sweeping new restrictions on the size and activities banks “that were not a cause of the financial crisis.”

Also of concern is a section of the bill, drafted by Senate Agriculture Committee Chair Blanche Lincoln, D-Ark., that would require derivatives businesses to be separated from commercial banking businesses. This would limit banks’ ability to hedge their risks, Ryan said, and deplete institutions of capital. This also would raise mortgage and credit costs, he said.

Further,  a requirement that institutions that enter into swap contracts with state governments, pension funds or endowments also act as fiduciaries for their clients is “legally unworkable,” he said, and “would limit these clients’ ability to access to vital risk management tools.”

Standard & Poors takes issue with an amendment to the bill drafted by Sen. Al Franken, D-Minn., which would among other items, require the Securities and Exchange Commission (SEC) to establish a self-regulatory Credit Rating Agencies Board to select rating agencies to perform initial ratings of structured finance products.  “Credit rating firms would have less incentive to compete with one another, pursue innovation and improve their models, criteria and methodologies,” Standard & Poor’s vice president of corporate communications Chris Atkins charged. “This could lead to more homogenized rating opinions and, ultimately, deprive investors of valuable, differentiated opinions on credit risk.” (While I’m not a proponent of the Senate bill, I have to wonder, where were the “valuable, differentiated opinions on credit risk” before the financial crisis?  On this point, I think the credit rating agencies have only themselves to blame for the coming regulation of their industry.)

Speaking of credit ratings, the Wall Street Journal warns that the Senate bill would weaken implicit government support for banks deemed “too big to fail” and also curtail their risk taking and, arguably, their profitability. If the final version of the bill includes these provisions, credit rating agencies might downgrade the ratings of the largest financial institutions.  Items like these are what have investors walking on egg-shells recently.

The Senate bill still needs to be reconciled with the House version passed in December 2009 (H.R. 4173).  This creates the opportunity for even more confusion.  The Associated Press has put together a good article identifying the major parts of the bill and how the reconciliation process might evolve.  Click the following link for the AP article: New financial rules might not prevent next crisis.

Bank Profits Rise to 2-Year High, “Problem” Bank List Grows to 775

Reflecting the economy as a whole, the Federal Deposit Insurance Corp.’s “Quarterly Banking Profile” for the first quarter of 2010 shows that some things are getting better and some things are getting worse.  On the positive side, the banking industry posted a cumulative profit of $18 billion, the highest in two years.  On the negative side, the number of banks categorized as “problem” banks rose from 702 to 775.

First let’s look at how the profits were achieved.  According to the FDIC report, “Lower provisions for loan losses and reduced expenses for goodwill impairment lifted the earnings of FDIC-insured commercial banks and savings institutions to $18.0 billion. While still low by historical standards, first quarter earnings represented a significant improvement from the $5.6 billion the industry earned in first quarter 2009 and are the highest quarterly total since first quarter 2008. The largest year-over-year increases occurred at the biggest banks, but a majority of institutions (52.2 percent) reported net income growth. This is the highest percentage of institutions reporting increased quarterly earnings in more than three years (since third quarter 2006).”

Essentially, the banks’ profit arose from accounting maneuvers and the fact that the biggest banks, having been bailed out by taxpayers, are healthier, while the rest of the financial industry muddles along. The details are not very comforting:

Insured institutions set aside $51.3 billion in provisions for loan and lease losses in the first quarter, a $10.2 billion (16.6 percent) decline from a year earlier. However, only about one-third of insured institutions reported year-over-year declines in loss provisions, with much of the overall reduction concentrated among a few of the largest banks. Another positive factor in the earnings improvement at larger institutions was a $2.2 billion (2.3 percent) decline in noninterest expenses that was caused by lower goodwill impairment losses. Total noninterest income was $6.6 billion (9.7 percent) lower than a year earlier because of the declines in securitization and servicing income and a $1.5 billion (15.1 percent) reduction in trading revenue. The average return on assets (ROA) rose to 0.54 percent, compared to 0.16 percent in first quarter 2009. This is the highest quarterly ROA for the industry since first quarter 2008. Almost half of all institutions—48.1 percent—reported improved ROAs.

The problem here is that these figures do not reflect an industry that is poised to begin lending at levels necessary to boost economic growth that would, in turn, help ease unemployment.  The other problem, of course, is the growing number of problem banks.

The number of institutions reporting quarterly financial results declined by 80 in the first quarter, from 8,012 to 7,932. Forty-one FDIC-insured institutions failed during the quarter, while 37 institutions were merged into other charters. Only three new charters were added during the quarter, and all three were charters formed to acquire failed banks. The number of insured commercial banks and savings institutions on the FDIC’s “Problem List” increased from 702 to 775 during the quarter, and total assets of “problem” institutions increased from $403 billion to $431 billion.

It’s hard to imagine the economic engine revving much higher than it has so far this year when the financial industry, but for a handful of large banks, continues to struggle.  Add to that worldwide sovereign debt problems, civil unrest and natural and man-made disasters, and the investment environment is as dangerous as anyone living can remember.  As we have seen with the recent equity market turmoil, when things start to slide it is often the best-performing asset classes that get sold first.  In the recent selloff, gold got hit hard.  Of the few “safe havens” that gained were U.S. Treasuries.  How long will that last, though?  Who in their right mind is willing to lend to the U.S. government for 10 years at a 3.20 percent interest rate, knowing the deep budget problems?  There is no defensive position to take.  Rather, investors should pick their spots by finding companies that have future value, make the investment, take profits when one can, and, otherwise, hold fast and maintain either a short position against the market or a healthy cash position.  Of course, holding cash, when it earns nothing is difficult, too.

To view the FDIC’s “Quarterly Banking Profile,” please click on the following link: Quarterly Banking Profile – 1Q 2010.

Germany Approves EU Bailout Package, But Credit Spreads Leap Higher

German lawmakers have approved their country’s share of a $1 trillion euro-region bailout.  The lower house of parliament voted 319 to 73 in favor of lending as much as 148 billion euros ($184 billion) to indebted European states to backstop the euro. The upper house, or Bundesrat, is set to pass the measure later today before the German president signs it into law.

“Every other alternative is much worse and much more dangerous, so we have to do this,” Finance Minister Wolfgang Schaeuble told lawmakers in the lower house, or Bundestag, in Berlin before the vote. “We’re not doing this for others, we’re doing it for ourselves and for future generations.”

The credit markets have taken notice that the alternatives are “much worse and much more dangerous.”  Credit spreads are now running back towards the extremes seen in the wake of the investment bank failures of 2008.  While there is still a long way to go before spreads reach the credit crisis peaks, this is a strong sign that credit markets are extremely concerned about the health of the financial system in light of Europe’s sovereign debt woes.  Until this condition eases, global equity markets will likely continue their declines.

The LIBOR-OIS spread is used by economists and financial analysts as a measure of the availability of cash among banks.  The higher the spread, the fewer available dollars. The London Inter-Bank Offered Rate (LIBOR) is the interest rate that banks charge each other for three-month loans in U.S. dollars.  The rate is set by a panel of banks in a survey by the British Bankers’ Association each day around noon in London.  LIBOR is also used as a benchmark for approximately $360 trillion of financial products across the globe.  The overnight indexed swap (OIS) rate is an interest rate swap transaction in which the overnight rate is exchanged for a certain fixed rate.

The spread has improved dramatically from the height of the credit crisis.  However, with the recent turmoil in Europe, the spread has spiked up again.  As of May 17, 2010, the spread was .24 percent.

TED Spread

The TED spread, which is the difference between what the government and companies pay for three-month loans.  It recently dropped below its historical average since hitting a record high of 464  basis points (4.64 percent) on Oct. 10, 2008.  The gap averaged 27 basis points (0.27 percent) from 2002 through 2006, before the credit crisis began in 2007.  Since hitting lows in March, the TED spread has spiked upward a bit due to the turmoil in Europe. As of May 17, 2010, the spread is at 30.887 basis points, just slightly above the historic norm.

No Signs of Inflation in April 2010 Consumer Price Index

On a seasonally adjusted basis, the Consumer Price Index for All Urban Consumers (CPI-U) declined 0.1 percent in April 2010, the U.S. Bureau of Labor Statistics has reported. Over the last 12 months, the index increased 2.2 percent before seasonal adjustment.

Those who want the Fed to raise rates sooner rather than later are not paying attention to the inflation data.  Companies do not have any pricing power.  Deleveraging is still on in the private sector, and so, deflation remains the bigger concern.  Yes, increases in public debt will likely mean higher interest rates in the future, but that future is more than one year away.

For more on the CPI-U, please click on the “Inflation Measures” page on the menu bar at the top of the blog.

Producer Price Index Declines 0.1 Percent in April 2010

The Producer Price Index for Finished Goods declined 0.1 percent in April, seasonally adjusted,
the U.S. Bureau of Labor Statistics reported. This decrease followed a 0.7-percent advance
in March and a 0.6-percent decrease in February. At the earlier stages of processing, prices
received by producers of intermediate goods moved up 0.8 percent and the crude goods index
fell 1.2 percent. On an unadjusted basis, prices for finished goods advanced 5.5 percent for the
12 months ended April 2010, their sixth consecutive 12-month increase.

For more information on the April PPI, please click on the “Inflation Measures” on the menu bar at the top of the blog and scroll down the page.