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Monday, April 29, 2013

| 04.29.13 | Subsidiarization controversy heats up

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April 29, 2013
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Today's Top Stories

  1. FDIC suit takes aim at former small bank CEO
  2. Lazard results reflect weak M&A market
  3. Krawcheck speaks on bank industry ROE
  4. Banks face challenges, opportunities with payday loans
  5. Now may be the time to press ahead with regulation


Editor's Corner: U.S., U.K. face off in subsidiarization controversy

Also Noted: Spotlight On... SAC offers more time on redemption requests
Junk bonds yield tumble to record low; Soros buys stake in JCPenney and much more...

News From the Fierce Network:
1. Price bands are now in effect
2. Addressing small-cap stock spreads
3. Midas may not fix SEC's HFT woes


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Editor's Corner

U.S., U.K. face off in subsidiarization controversy

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn


The idea of ring-fencing and "subsidiarization" has generated a lot of controversy over the past few years, as regulators around the world ponder steps to make the their home banking sectors safer.

The U.K and the U.S. have been leading the push on these efforts, and they continue to find themselves at loggerheads. Since 2008, the FSA has been leading the pack in terms of subsidiarization, which amounts to forcing foreign banks that want to operate in its territory to open local subsidiaries to ensure that they are sufficiently capitalized to maintain liquidity in the face of shocks. The rules were aimed especially at foreign banks, such as U.S. banks, that give preference to home depositors in the event of bankruptcy. There was some grumbling in the wake of the FSA's move, largely because operating via a subsidiary tends to be more expensive. 

Now the U.S. is moving ahead with its own plans, turning the tables. The EU is protesting U.S. plans to force non-U.S. banks to separately capitalize in the U.S. in order to continue operations. The latest development is that EU officials are increasingly making their misgivings clear. EU financial services czar Michel Barnier  sent a letter to the U.S. Fed, making clear that the Fed's plans "may frustrate the efforts to ensure a consistent implementation of the Basel III standards across jurisdictions."  He also suggested that "the (rule) would seem to represent a radical departure from the existing U.S. policy on consolidated supervision of (foreign banks)."

This issue will continue to unfold slowly, as these sorts of regulations always do. But you do have to wonder if we're approaching the limits of global banking. The notion that the Global Village is making international commerce easier may be less true going forward. Some have used the term "Balkanization" to describe what's now underway, which seems apt. Countries may end up trying to retaliate against one another even more aggressively. -Jim

Read more about: Subsidiarization
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Today's Top News

1. FDIC suit takes aim at former small bank CEO

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

When it comes to stereotypes, we tend to think of big bank CEOs as hard-charging, winning-is-paramount types -- the quintessential Wall Street executives. People often think of small town bank CEOs as paragons of their community and champions of the local economy.

The Cleveland Plain Dealer once ran a story titled "Small town banker is a source of calm, wisdom." It went on to describe the banker as "a therapist, to others a financial sage. To everyone, he is a church deacon who declines to wear his religion on his sleeve, a patron of the local Arts Center, a NASCAR fan, the centerpiece of a newspaper ad that says: 'Remember when you could meet your bank president for a cup of coffee? Good news! You still can!' "

There are lots of calm and wise small town bank CEOs. But there are also many who ran their banks over the cliff, loading up on real estate and other economically foolish bets that drove their banks into the hands of the FDIC.

The seamier side of small town banking has been highlighted in a recent suit by the FDIC against founder and former CEO of City Bank of Washington state, Conrad Hanson. The suit paints him as the antithesis of the good banker, one who bullies his directors in paying him undeserved fat paychecks and bonuses.

Here are some choice emails from the CEO to the board, as noted by Seattle Times:  "Let's Cut To The Chase!" Hanson wrote in a September 2006 email. "If the group thinks my request and recommendation are inappropriate for any reason, I'M PREPARED TO STEP DOWN!"

"I'm asking each of you individually to also examine if you're comfortable with my style...because it has now worked for +/- 32 years."

For any board member worried that "some third party might take issue with the business of the bank, you also can resign," he wrote.

In the end, the bank failed, despite warnings from regulators that the bank was overly extended in real estate. The FDIC eventually sued the bank, seeking damages from two executives for negligence, calling the compensation exorbitant.

For more:
- here's the article

Read more about: CEO, FDIC
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2. Lazard results reflect weak M&A market

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

In yet another sign that the merger advisory market has slowed, Lazard reported that net income fell 40 percent to $15.4 million, or $0.12 a share, from $25.6 million, or $0.20 a share a year ago. Excluding some one-time items, earnings were $0.28 a share fully diluted, compared with the consensus estimate of $0.31.

While the merger market definitely seems soft, several boutiques were hit by tough timing conditions. Many deals were accelerated so they could be consummated in 2012, before possible tax changes linked to sequestration kicked in. That effectively front loaded the deal calendar, leading to higher than expected merger revenue in the fourth quarter and perhaps lower than previously expected revenue in the first quarter.

Indeed, mergers and acquisitions advisory revenue at Lazard fell 37 percent over the first quarter last year. Overall financial advisory operating revenue fell 39 percent.

"Our first-quarter results reflect the uneven pace of the M&A markets, balanced by the strength of the equity markets," said Kenneth M. Jacobs, CEO, in a release.

As for the entire merger market, announced deals in the first quarter were weak, the weakest in nearly eight years. The ones that were announced were bigger, which typically favor the large diversified banks that can offer financing. In the first quarter, Lazard fell share of global deals volume fell 11 percent sequentially.

Bigger banks have been able to offset the weakness in merger advisory revenue with other investment banking revenue. Fixed income and equity underwriting, in particular, have been strong. The boutiques in general are less equipped to generate those sorts of offsets. However, at Lazard, revenue from asset management managed to shine, rising 14 percent. Management fees rose 10 percent. Assets under management also rose 10 percent.

For more:
- here's the release

Read more about: earnings, Lazard
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3. Krawcheck speaks on bank industry ROE

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

Sallie Krawcheck, who has plenty of experience in the banking industry, has hit the nail on the head with her recent comments on what ails America's largest banks.

"What you saw this quarter as you look at these banks is there's some group of them that are earning single-digit ROEs (Return on Equity) and they are destroying shareholder value every day they go to work," she said on CNBC. "They really need to figure out how to get those returns up consistently."

That's a pretty harsh assessment. No executive at a Wall Street bank wants to hear that he or she is "destroying" shareholder value every day at work. But rhetoric aside, Krawcheck makes an interesting point. The banks have to find a way to get their ROEs up, but it matters how they go about doing it. The easy way is to resort to tried and true tactics, such as enhanced risk and more leverage. "Increasing leverage and therefore increasing ROE is a false increase in ROE."

She continued, noting that, "The real question is can they regain their customer and clients' trust, can they do more for them, better for them and grow the business the real old-fashioned way, as opposed to just increasing risk either through leverage or risky products."

Banks are no doubt bent on revenue growth via good old fashioned sales of banking products and services. But that's proving a tough nut to crack, despite the best of intentions. Bank of America CEO Brian Moynihan recently convened to bank managers to figure out how to jack sales. Hopefully that effort will pay off measurably.

For more:
- here's the article

Related Articles:
Sallie Krawcheck's advice on women executives
Krawcheck: Banks are too complex
 

Read more about: banks, Sallie Krawcheck
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4. Banks face challenges, opportunities with payday loans

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

On a day when mortgage rates tumbled to new lows, the Washington Post published a story about some fast-growing loan products, which happen to be anything but low-interest-rate.

Payday loans, pawn shop loans and other high-cost methods of financing have grown tremendously as of late, as nearly one in four Americans have used them, according to the article, which cites a study from the National Bureau of Economic Research.

This is a vexing issue. Critics of high-rate products have excoriated these lenders as shady and anti-consumer, but the fact remains that there is massive demand for them. The economy has yet to lift all ships, and desperate people will often have little choice but to turn to usurious lenders.

A big question at this point is whether legitimate banks have a role to play in rectifying truly terrible financial products. Regulators are planning to issue new rules for banks that offer payday loans that are tied to direct deposits of salaries, government benefits or some other payment. The new rules just might be game changer for companies like Wells Fargo and U.S. Bancorp. Of course, 15 states have banned such loans all together.

The industry would be wise at this point to differentiate their product from the traditional run-of-the-mill, Internet-based payday loan. It shouldn't be that hard to come up with a product that steers a middle ground, offering a less abusive product, allowing banks to generate some much needed fee income. 

For more:
- here's the article

Related Articles:
Banks criticized for moving into payday loans
Banks ripped over payday loans

Read more about: Payday Loans
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5. Now may be the time to press ahead with regulation

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

At the height of the anti-bank movement, regulators and consumer advocates were baying for more regulations. Lawmakers latched on, and many promised tough action. But the original imperative to punish and control the banking industry quickly gave way to the goal of promoting economic growth.

A good example of this dynamic is the angst over what to do about the big housing government-sponsored enterprises (GSEs). In the wake of the retail real estate implosion, you could almost hear the critics screaming for blood. They wanted executives of Fannie Mae and Freddie Mac to be criminally prosecuted, and they wanted Congress to pass laws winding these entities down permanently, and of course they wanted taxpayers to be paid back. That's going to take time, as Fannie Mae has paid back just $36 billion of the $116 billion in bailout funds it took. As the economy turned jittery and fears of a double dip emerged, GSE reform promptly went on the back burner, where it now remains.

Consider also the issue of enhanced capital requirements. One answer to Basel III was that banks would suffer due to the new capital ratio requirements, crimping lending and job growth.

Now that the economy and industry is in rebound mode, the zeitgeist seems to be reversing. The New York Times notes that, "As welcome as such profits are to the banks, they may also become a source of discomfort. The ballooning bottom lines could embolden the lawmakers and regulators who want to introduce additional measures to overhaul the banking system…Despite industry opposition to new rules, the buoyant bank profits could add to the ammunition that influential figures in Washington are using to advocate for more radical ideas to overhaul the banks."

The pro-regulatory crowd seems to be stepping up just a bit, as evidence by the recent bi-partisan bill in Congress that would significantly hike capital ratios, even beyond Basel III. The bill, as of now, has little chance of making to a vote.

For more:
- here's the article

Read more about: GSEs, banking, regulation
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Also Noted

SPOTLIGHT ON... SAC offers more time on redemption requests

Bloomberg reports that embattled SAC Capital is giving limited partners an opportunity to redeem 50 percent of their stakes in each of the third and fourth quarters. The company said in a statement that, "We are offering our investors additional time to make their decisions as we are hopeful that the next few months will bring greater clarity surrounding the resolution of pending regulatory matters."  Article

Company news: 
>Jamie Dimon supporters speak out. Article
>Hedge fund bets on Man Group. Article
>Soros buys stake in JCPenney. Article
>Bank of America markets Europe CMBS. Article
>Morgan Stanley issued bonds. Article
>RBS seeks Co-Co approval. Article
Industry news:
>Junk bonds yield tumble to record low. Article
>Sentencing for ex-hedge fund manager nears. Article
>Glitch tests faith in market structure. Article
>Rate rise a huge risk right now. Article
Regulatory News:
>U.K. banks rattled by regulator silence. Article
>BOK puts credibility on the line. Article
And finally…Relief for the airline delays. Article

 


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