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BAA has to sell airports: Regulator

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BAA has to sell airports: Regulator

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CHARLOTTE, North Carolina – U.S. bank failures in 2010 cost the Federal Deposit Insurance Corp $2 billion, or 9 percent, more than initially forecast, according to a new analysis by SNL Financial. The rise exceeds in the increase seen in 2009, and highlights the higher-than-expected costs related to the failure of three Puerto Rico-based banks. The FDIC’s 2010 loss estimate for bank failures rose to $24.18 billion at year’s end, up from initial estimates of $22.17 billion. The bank regulator increased the loss estimate for 102 out of 157 banks that failed in 2010, according to SNL Financial. In contrast, the FDIC’s estimate for fund losses in 2009 increased by $600 million by year’s end. The largest increase in FDIC’s 2010 loss estimates was for Mayaguez, Puerto Rico-based Westernbank Puerto Rico. The lender was shuttered on August 31, 2010. At the time, the FDIC estimated the closure would create a loss of $3.31 billion for the regulator’s deposit insurance fund. That estimate was raised at year-end by nearly a billion dollars to $4.25 billion, SNL’s research showed. (Reporting by Joe Rauch; Editing by Steve Orlofsky) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Cost Of 2010 Bank Failures Exceeds Estimates By Billions

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WATCH: Exxon CEO Blames Wall Street For High Gas Prices

May 12, 2011

WASHINGTON — Exxon Mobil Chairman and CEO Rex Tillerson said Thursday that heavy Wall Street trading has driven up the price of oil well beyond the level that normal supply and demand forces would suggest. Under questioning from Sen. Maria Cantwell (D-Wash.) during a Senate Finance Committee hearing, the Exxon chief said that if oil prices were being dictated by normal economic forces, it would cost between $60 and $70 a barrel. Oil is currently trading just below $100 a barrel and has fallen sharply in recent weeks after soaring for most of the year. “If you were to use a pure economic approach . . . It’s pretty hard to judge, but it would be, when we look at it, it’s gonna be somewhere in the $60 to $70 range,” Tillerson said. Several economists have expressed concerns that speculation may be driving up the prices of oil and food. The Commodity Futures Trading Commission, which regulates such activity, says that the number of speculative bets on oil is at an all-time high . During last year’s Wall Street reform bill debate, Cantwell was the top Congressional proponent of reining in the $600 trillion derivatives market, which currently allows traders to place bets on everything from subprime mortgages to the price of corn without either regulatory oversight or market scrutiny. Last year’s legislation required the CFTC to write new rules cracking down on excessive speculation in the oil and food markets, but the regulator has been slow to act, despite Commissioner Bart Chilton’s urging. On Wednesday, Cantwell joined 14 Senate Democrats and Sens. Olympia Snowe (R-Maine) and Bernie Sanders (I-Vt.) in signing a letter asking the agency to curb excessive speculation as soon as possible. House Republicans, meanwhile, are pushing legislation that would bar the CFTC from implementing any new derivatives rules before the end of 2012. Watch Cantwell’s exchange with Tillerson below:

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Mortgage Giants Leave Legal Bills To The Taxpayers

January 24, 2011

Since the government took over Fannie Mae and Freddie Mac, taxpayers have spent more than $160 million defending the mortgage finance companies and their former top executives in civil lawsuits accusing them of fraud. The cost was a closely guarded secret until last week, when the companies and their regulator produced an accounting at the request of Congress. The bulk of those expenditures — $132 million — went to defend Fannie Mae and its officials in various securities suits and government investigations into accounting irregularities that occurred years before the subprime lending crisis erupted. The legal payments show no sign of abating.

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Australia Regulator Sets July 22 for Findings on BHP, Rio Iron-Ore Venture

June 18, 2010

By Elisabeth Behrmann June 19 (Bloomberg) — Australia’s competition regulator will announce on July 22 its findings on a proposal by BHP Billiton Ltd . and Rio Tinto Group to combine Western Australia iron ore operations, the regulator said on its website . Both companies this month responded to information requests from the Australian Competition and Consumer Commission after the regulator delayed announcing its findings from May 27. Rio and BHP , the world’s second- and third-largest iron ore exporters, propose combining Australian operations in a 50- 50 venture to save at least $10 billion in costs. Some European and Asian steelmakers oppose the plan on concern it might reduce competition in the iron-ore market. The venture, agreed to in June last year, will also be reviewed by the European Commission and requires shareholder approval as well. Besides regulatory hurdles, higher iron ore prices since the announcement and Australia’s proposed 40 percent tax on mining profits may alter the deal, analysts say. Under the proposed terms, BHP agreed to pay Rio $5.8 billion to equalize its contribution of assets to the venture. JPMorgan Chase & Co said in a March report that Rio could ask for between $7.5 billion to $9.8 billion based on higher iron ore price estimates. Combined Value “The fundamentals of putting the two businesses together are still there,” UBS AG analyst Glyn Lawcock said today by phone. “The joint venture is the biggest project for both companies with the biggest upside potential, compared with other project options.” The combined value of the entity is estimated at about $135 billion, Lawcock said. Since Australia’s government announced its tax proposal on mining profits, Rio Tinto and BHP Billiton have campaigned against the levy and want the government to exclude existing projects and reconsider the rate. “Uncertainty revolving around the resources tax has made the tie-up less palatable,” said ANZ Banking Group Ltd. Senior Commodity Strategist Mark Pervan by phone. “Valuation parameters would have changed.” The tax is due to start in 2012, with legislation to be put to parliament in late 2011 if the center-left government is re-elected at a national ballot due by April. To contact the reporter on this story: Elisabeth Behrmann in Sydney at ebehrmann1@bloomberg.net

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EDF May Get Limited Boost From Power Law as French Legislators Cap Prices

June 8, 2010

By Tara Patel June 8 (Bloomberg) — Electricite de France SA investors who bought into the prospect that easing the government’s grip on the French power market would be a boon to the former monopoly may end up disappointed. Lawmakers start debating a bill today that will force EDF to sell a quarter of its power supply from its 58 reactors to GDF Suez SA and other competitors. The legislation is likely to hold down the price the state-controlled company can get for the electricity. EDF Chief Executive Officer Henri Proglio has said the legislation shouldn’t “pillage” the utility. EDF shares plunged 60 percent since peaking in 2007 as the company lost its monopoly to supply French households. When the state sold shares in the utility in 2005, investors expected power rates to rise and that EDF would benefit from lower costs to operate nuclear generators. Instead, rates remain 36 percent below the European average. “Investors may end up punishing EDF on disappointment,” Kilian de Kertanguy , a fund manager at Cholet-Dupont Gestion in Paris, said by e-mail. “As things stand now, the law will be negative for EDF.” The stock price reached a record 87.75 euros on Nov. 26, 2007, more than double yesterday’s close of 34.77 euros, valuing the company at 64.3 billion euros ($77 billion). President Nicolas Sarkozy ’s government is seeking to placate calls from European Union regulators to allow more competition while limiting power price increases. Lawmakers say France’s status is special, since it gets 78 percent of its output from nuclear plants, meaning costs are lower than in the U.K., for example, were natural-gas fired plants dominate. EDF spokesman Bernard Sananes in Paris declined to comment on the new law. Gradual Advance While EDF fought the law, known as Nome, to keep its dominant share of the power market, analysts said it may benefit from higher wholesale and consumer power prices in coming years. “The law won’t be a quick win for EDF but rather a significant, gradual advance,” said Per Lekander , a Paris-based analyst at UBS AG. “It’s essentially a 10- to 15-year deregulation of the French market.” The law, which will run through 2025, will bring the French market closer to more deregulated regimes in Germany and the U.K., where consumers pay more for their power. Rivals including GDF Suez , Poweo SA and Direct Energie have said competing with EDF is impossible with rates at these levels without access to its nuclear output. Under the proposed law, EDF will sell as much as 100 terawatt-hours a year to competitors who will be allowed to resell it only to French customers and forced to invest in future generation capacity. Lost Monopoly Almost three years after EDF lost its monopoly, the company has about 92 percent of domestic customers, Philippe de Ladoucette , head of regulator the Commission de Regulation de l’Energie, said last month. The new law is the only option to opening up the market, he said. “I don’t see scope for an overly bullish outcome for EDF,” Ingo Becker , an analyst at Kepler Capital Markets, said by phone. “The law will be an empty shell, a track for the train. Where we are heading and at what pace will be decided later.” Proglio said last month any power price less than 42 euros a megawatt-hour would amount to “pillage.” Prices will be determined by the government for three-year periods in consultation with the regulator. The wholesale price has to recognize costs of maintaining, dismantling and extending the life of existing reactors, according to the draft. Proglio has estimated 600 million euros are needed to extend the life of each reactor, for a total of 35 billion euros. Nuclear Power As the law stands, it stipulates EDF can charge a wholesale price for nuclear power linked to the below-market rate for industry that’s known as Tartam, currently about 42 euros a megawatt-hour. Government-set rates for households and small businesses would have to rise 11.4 percent if EDF sells wholesale power at 42 euros a megawatt-hour and then 3.5 percent annually through 2025, according to scenarios outlined by the regulator. Rates for larger businesses would have to rise by 14.8 percent and then 3.7 percent a year. “It’s a first step for industrial clients and competitors to EDF,” said Chicuong Dang, an analyst at KBL Richelieu Gestion. Rates will rise “over time,” he said. Some deputies in the French parliament oppose the prospect of higher power prices and sweeping changes for state-controlled EDF. They are expected to defend the nuclear “rente,” or the benefit to future generations of cheap power rates from past investments in nuclear reactors. “The law is trying to patch up a completely dysfunctional system,” said Socialist deputy Francois Brottes . “Was it worth smashing down everything to end up with that? And on top of that consumers will have to pay higher rates.” To contact the reporter on this story: Tara Patel in Paris at tpatel2@bloomberg.net

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JPMorgan London Unit Gets Record Fine From U.K.&rsquos FSA

June 3, 2010

By Caroline Binham June 3 (Bloomberg) — JPMorgan Chase & Co. ’s London unit was fined a record 33.3 million pounds ($48.6 million) by Britain’s financial regulator for not properly separating client money from the firm’s accounts. An average of $8.6 billion wasn’t properly segregated by JPMorgan Securities Ltd. in an error that went undetected for seven years, the Financial Services Authority said in a statement today. As much as $23 billion of client money held by the bank’s futures and options business wasn’t put in separate overnight customer accounts between 2002 and 2009, the FSA said. The bankruptcy of Lehman Brothers Holdings Inc. , which roiled financial markets worldwide in 2008, forced the FSA to put financial companies on notice that they must properly separate client funds. New York-based Lehman’s creditors filed more than $830 billion of claims and regulators worldwide are trying to unravel how money moved through its global units. “The FSA has repeatedly emphasized the importance of ensuring that client money is adequately protected,” said Margaret Cole , the FSA’s enforcement director. “This penalty sends out a strong message to firms of all sizes that they must ensure client money is segregated in accordance with FSA rules. Firms need to sit up and take notice of this action — we have several more cases in the pipeline.” Had the company gone bankrupt, clients could have lost all their money because they would have been unsecured creditors rather than having the right to claim back money from ring- fenced accounts, according to the regulator. Reduced Fine JPMorgan spokesman David Wells declined to comment. The New York-based bank escaped a 47.6 million-pound fine by cooperating with the regulator, according to the FSA’s statement. No clients lost money, and the mistake didn’t affect the bank’s financial reporting, the FSA said. JPMorgan said in August that it may have mixed 8.5 billion pounds of clients’ money with its own funds, and that it hired KPMG LLP to review its accounts. The breach was “regretful,” according to an internal memo by JPMorgan Securities Chief Executive Officer Daniel Pinto and obtained by Bloomberg News. “The settlement involves us paying a fine based on a fixed formula of 1 percent of the average amount of client money held by our F&O business,” Pinto said in the memo. “As the FSA acknowledges, JPMorgan Securities Ltd. is one of the largest holders of client money in the U.K., and the size of the fine reflects that.” ‘Patently Inconsistent’ The error stemmed from the 2000 merger of JPMorgan & Co. with the Chase Manhattan Corp., according to the FSA’s investigative report . After the merger the combined treasury function didn’t recognize client money from the futures and options business, according to the report. The regulator said in January that two firms that it didn’t identify faced a penalty after the FSA started investigations into how they held client money. Those inquiries were started at the same time as a London judge ruled that the FSA’s client- money rules were “patently inconsistent and flawed” in a case over the administration of Lehman’s European unit. The regulator said at the time that it would consult on changes to parts of its rulebook, specifically over transfer arrangements and on firms keeping buffers that could top up client-money accounts. Proposals are scheduled later this year. “The client-money regime was neglected by the FSA prior to the financial crisis,” said Darren Fox , a regulatory lawyer at Simmons & Simmons advising a hedge fund in the Lehman case. “I wonder whether today’s fine is symptomatic of the FSA’s guilty conscience in relation to the Lehman client-money failings, for which the FSA received a fair bit of flak.” Tougher Approach Today’s fine is nearly twice as much the then-record 17 million-pound fine levied against Royal Dutch Shell Plc in 2004 for market abuse. The agency has said fines will increase as part of its new tougher approach following the financial crisis. In some cases, penalty size will triple. The U.K.’s coalition government has said it will merge some of the FSA’s enforcement powers with other prosecutors to form a white-collar crime agency even in the wake of increased penalties and criminal cases filed by the FSA. The FSA may also lose its independence to the Bank of England and Chancellor of the Exchequer George Osborne is considering scrapping it, the Guardian newspaper reported today, citing government sources. “It’s good to see they’re doing their job; they’ve got to crack down on abuses,” Vince Cable , the Liberal Democrat lawmaker who is the coalition government’s business secretary, said of today’s fine in a Bloomberg TV interview. “The basic point, which I know the chancellor is trying to ensure, is that the Bank of England has proper oversight of systemic risk. How you do it administratively is not an easy task.” Amid the uncertainty, the FSA enforcement team separately suffered a defeat today with its first loss of an insider- trading trial. Two lawyers and a former chief financial officer were cleared today by a London court in the regulator’s fourth criminal case of insider dealing to reach jury trial. To contact the reporters on this story: Caroline Binham in London at cbinham@bloomberg.net

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Spain’s Central Bank Takes Over CajaSur Amid Mounting Property-Loan Losses

May 22, 2010

By Charles Penty May 22 (Bloomberg) — The Bank of Spain removed the managers of CajaSur, a savings bank crippled by property loan defaults, and put the bank under a provisional administrator. The lender, based in the city of Cordoba, Spain, and controlled by the Roman Catholic Church, will be controlled by the government’s bank restructuring fund, the regulator said today in an e-mailed statement. Spain’s worst recession in 60 years has driven up defaults at the country’s banks, which have made loans worth 454 billion euros ($570 billion) to finance construction and activities related to real estate. Banks have until the end of June to seek aid from a government fund of up to 99 billion euros set up last year as the regulator seeks to hasten mergers between ailing lenders to ease over-capacity and help them recapitalize. “The Bank of Spain has shown it’s prepared to take action to resolve the situation at CajaSur and that’s positive,” Alberto Espelosin , who helps manage about $12 billion at Ibercaja Gestion in Zaragoza. The board of CajaSur, a savings bank with assets of about 19 billion euros and 486 branches that posted a 596 million-euro loss last year, last night rejected a plan to merge with Unicaja, a bigger lender based in Malaga, sparking the action by the regulator. CajaSur had been in talks since last July over a possible merger with Unicaja. ‘Special Situation’ The central bank’s decision to takeover CajaSur follows the seizure of Caja Castilla-La Mancha in March, 2009. CajaSur accounts for 0.6 percent of the assets of the Spanish banking industry, the Bank of Spain said. Depositors and creditors should “stay calm” as the bank will continue to function normally under the fund’s administration, the regulator said. CajaSur is a “special situation” resulting from the failure of the merger with Unicaja, the Spanish savings bank association said in a statement sent by e-mail. Bad loans as a proportion of total lending at Spain’s savings banks rose to 5.35 percent in March from 4.78 percent a year earlier, according to Bank of Spain data. To contact the reporter on this story: Charles Penty in Madrid at cpenty@bloomberg.net

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Singapore to License Bigger Hedge-Funds as Scrutiny Increases After Crisis

April 27, 2010

By Netty Ismail April 28 (Bloomberg) — Hedge-fund firms in Singapore that manage more than S$250 million ($183 million) will need to be licensed under regulator proposals to increase oversight of the investment-management industry. Hedge-fund managers are currently exempt from holding a capital-markets services license provided they manage funds on behalf of 30 or fewer of what the Monetary Authority of Singapore describes as “qualified” investors. Under the proposals, managers with less than S$250 million won’t need a license, though they will have to maintain a base capital of at least S$250,000. The review is the most sweeping of the fund-management industry since the city-state introduced incentives to lure alternative asset managers in 2002, and comes as hedge funds and private-equity firms are under scrutiny from regulators and lawmakers worldwide, who say they are partly to blame for the worst financial crisis in a generation. Singapore’s hedge-fund industry has grown into Asia’s second biggest behind Hong Kong. “They’ve done a neat job of keeping the exempt regime which is probably the most sophisticated hedge-fund regulatory regime in any jurisdiction, but also being seen to have a regime for more substantial managers, which is much more homogenous with regulatory regimes elsewhere,” said Peter Douglas , the principal of GFIA, a Singapore-based hedge-fund consultancy firm that also runs a wealth management business. As fund-management firms expand their businesses and their assets under management grow, “they will require closer supervision in view of their greater market impact,” the MAS said in an e-mailed statement yesterday. Public Consultation The regulator is seeking comments from the public till May 31 on the proposed changes “to raise the quality and standard of players” and sustain the industry’s growth, it said. Fund-management firms that oversee S$250 million or less and serve not more than 30 qualified investors, of which 15 or fewer are funds, will need to maintain a base capital of at least S$250,000, the MAS said. These managers will be called “notified fund management companies,” according to the proposed changes. “While the authority recognizes the usefulness of the exempt fund-manager regime in facilitating the growth of the fund-management industry in Singapore, a review of the regime is timely given recent developments in the global regulatory landscape,” the MAS said. While the regulator said it understands the industry’s concern over increases in start-up costs, especially for smaller managers, maintaining a minimum base capital “improves the viability of new fund-management companies by acting as a buffer for unexpected costs, especially during adverse market conditions.” Capital Requirements The MAS also plans to introduce a new set of rules for licensed fund-management firms that serve “accredited” and institutional investors, it said. Hedge-fund managers with more than S$250 million in assets can apply for a license under this category. Fund-management firms that serve retail investors will need to be licensed, the MAS said. All fund managers will need to meet capital requirements and “business conduct,” including maintaining clients’ assets with independent custodians as well as segregating the duties between fund management and administration, the regulator said. The MAS “remains committed to building Singapore as a fund-management and alternative investment hub,” it said. The regulator, also Singapore’s central bank, in 2002 eased rules that limited investments in hedge funds to make it easier for them to set up in Singapore than in other Asian cities such as Hong Kong and Tokyo, helping fuel the industry’s growth in recent years. Expansion Singapore now has 138 single-strategy hedge-fund managers employing more than 800 professionals from near zero in 1997, according to a survey by the local chapter of the Alternative Investment Management Association. The industry oversees at least $34.9 billion, excluding assets managed by several of the large global firms, the survey said, making it Asia’s second biggest. The island-state’s “lighter regulatory touch” has enabled hedge-fund managers to set up business “relatively quickly,” without risking any delay in getting the necessary licenses from the regulator, according to an overview of the industry published by AIMA. The authority recognizes that the ease of setting up a fund-management business in Singapore and compliance costs are important to industry participants and has taken these factors into consideration, the MAS said in yesterday’s statement. World leaders, including the Group of 20 countries that make up most of the world’s economy, have called for stricter oversight of the pools of private capital in the wake of the global financial crisis. The size of Singapore’s asset management industry shrank about 26 percent to S$864 billion ($630 billion) in 2008 from a year earlier because of the global financial crisis, the authority said in its latest survey released in September. To contact the reporter on this story: Netty Ismail in Singapore nismail3@bloomberg.net

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Heidi Pickman: Can the SEC Change?

April 23, 2010

How’s this for investment advice? Invest in fountain pens. Buy gold and borrow money to do it. Put your retirement money in a collateralized mortgage obligation – a risky, illiquid and complex investment vehicle that most people would say has no business being in your 401K. These aren’t imaginary examples, but cases that have crossed regulators’ desks at the Security and Exchange Commission and other agencies. The latter example is from the SEC versus Brookstreet in which in 2009, the SEC charged Brookstreet with fraud because the company allegedly ” sold risky, illiquid CMO’s to retail customers with conservative investment goals .” More than 1000 customers lost $300 million dollars, when the price of the CMO’s bottomed out and the company went under. The case is still active. And now comes the big daddy of them all, last week, the S.E.C. filed fraud charges against Goldman Sachs on the grounds that the company sold mortgages that bet on the housing market to fail One mildly heartening result of the financial meltdown and discovery of immense Ponzi schemes like that scam run by Bernie Madoff is that the S.E.C. has done a little self-analysis and decided to grow claws, sharp ones. Carlo di Florio is the new Director of Compliance Inspections and Examinations ; that is, he’s the guy who oversees all of the audits and examination of company books to make sure they are in compliance with what ever financial regulations still exists. Di Florio’s been on the job for about three months and has a more comprehensive approach to regulatory compliance. Roz Taylor, the S.E.C. regional director of the Los Angeles Regional Office says, “With Carlo DiFlorio, we’re taking a more top-to-bottom approach to compliance so that we can use our resources more effectively and efficiently.” At a recent breakfast in San Francisco, Ms. Taylor explained to a roomful of financial company compliance officers that from now on the S.E.C. is going to concentrate on a few key areas. 1. Asset verification, do assets on the books actually exist. In Ponzi schemes, they often don’t. 2. Custody rules http://www.bpmllp.com/display.asp?catid=6&pageid=634 that among other things are going to require background checks on personnel who have access to client information and ensure that the person giving the investment advice doesn’t have access to the client’s assets. 3. New products: how effective are they and do they have controls in place. This all seems like common sense and makes one wonder why these issues weren’t considered best practices in the first place, but they weren’t. For example, with regard to new products, before this year the S.E.C. would check to see if a firm had procedures for regulatory compliance in place and stop there. Now, the S.E.C. will determine whether the procedures are effective. For example, many firms release a new product that makes sense under certain market conditions, but don’t make sense under other conditions. In many cases, firms don’t re-evaluate the appropriateness of a new product when the market conditions change and keep selling the product. Regulators will be looking for a review process of new products to make sure. Another regulator who spoke at the breakfast, Don Lopezi, the Examination Director for FINRA or the Financial Industry Regulatory Authority , said that with some of these new products the sales reps don’t even understand the products. “The regulator asks the sales rep what is the product, what do you tell the customer the product does. Sometimes the rep says ‘I don’t know.’ So then the regulator asks the compliance officer and the compliance officer says ‘I don’t know.’ If the sales rep doesn’t know what the product is and the compliance officer doesn’t know what the product is, how can the customer understand?” The fact is that many customers don’t understand and they invest in risky assets or assets that don’t exist. And they lose. Due diligence on the part of investors, or lack there of, is another red flag. Roz Taylor recalled the case of Norman Hsu, who bilked investors out of $600 million in a Ponzi scheme. Investors would be shown pictures of Norman Hsu with high profile politicians and when they would ask for details about the asset Hsu was trying to get them to invest in, the answer would be “Norman Hsu is a very private person.” And the investors would invest anyway. The temptation of high returns mixed with more than a decade of deregulation means that the SEC, to its credit, certainly has its work cut out for it. The agency certainly will have to do more than check off whether or not a financial firm has the proper procedures in place. A top-to-bottom approach to compliance and enforcement is a good one in theory In practice, the question remains to be answered whether or not the regulatory efforts are enough of a deterrence to deter fraud cases like Madoff (and the alleged Goldman Sachs case) and shady accounting practices like at Lehman Brothers. The SEC has a lot to prove. The Goldman Sachs case will be the test of whether or not the SEC’s claws are sharp enough to draw blood.

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Ambac Regulator Seizes Subprime Contracts to Avoid `Scramble for Assets’

March 26, 2010

By Andrew Frye and Christine Richard March 26 (Bloomberg) — Ambac Financial Group Inc. ’s regulator said he seized $35 billion in risky mortgage insurance to keep the company afloat and forestall an “uncontrollable scramble for assets” among policyholders and counterparties. “You’re not triggering any defaults,” Wisconsin Insurance Commissioner Sean Dilweg said yesterday in an interview. “All this is, from our perspective, is a timeout so we can create a more orderly runoff.” Dilweg is taking over policies on residential mortgage- backed securities and halting some payments to protect municipal bondholders who count on the company’s guarantees. Claims paid now to mortgage investors are threatening to deplete Ambac’s reserves and leave a thinner cushion for municipal-bond clients whose coverage extends decades into the future, Dilweg said. Ambac, created in 1971 to insure debt sold by states and municipalities, lost its top credit ratings and 99 percent of its stock-market value after expanding from its main business into guaranteeing bonds backed by riskier assets. The company guarantees $256 billion of the $1.4 trillion in insured municipal issuance, according to Bloomberg data. The muni market totals $2.8 trillion, according to the Federal Reserve. “Ambac and its policyholders would be collectively worse off” if policyholders and counterparties seek to exit or modify contracts, Dilweg’s office said in a court filing dated March 24. “The terminations and other actions would bring about the ‘uncontrollable scramble for assets,’” the regulator said, citing a California case upholding that state’s right to curb calls on a troubled insurer’s assets. Skipped Payments Ambac fell 4 cents, or 6.2 percent, to 62 cents at 9:34 a.m. in New York Stock Exchange composite trading. The shares have dropped about 90 percent in the past two years. Ambac saved $120 million on skipped payments this month. Once it resumes meeting obligations, Dilweg said he expects the company to hand out about 25 cents cash for every dollar in claims on residential mortgage-backed securities coverage. The balance of claims would be given in surplus notes, which are paid with regulator permission. Payouts to municipal bondholders aren’t scheduled to change, Dilweg said. “You have two different constituents, and the capital of the business is getting depleted quickly,” said Rob Haines , an insurance analyst with CreditSights Inc. in New York. “You want to avoid a race to the capital.” Ambac said in November that it would face $23.1 billion of payments on credit-default swap contracts if its regulator moved to seize the firm’s main unit. Yesterday, the company said most CDS counterparties had agreed not to seek accelerated payouts amid negotiations. Settling Contracts The unit may pay $2.6 billion in cash and $2 billion of surplus notes to settle the CDS contracts, which are tied to subprime mortgages and unrelated to the $35 billion of policies on housing securities seized by Dilweg. Dilweg’s decision to halt payments on mortgage securities isn’t necessarily a positive for municipal-bond holders, according to Matt Fabian , a senior analyst with Municipal Market Advisors in Westport, Connecticut. “It gives an investor pause — is my bond the next one for which the company doesn’t pay on its policy?” Fabian said. Ambac Assurance Corp., the Wisconsin-based unit, will set up a segregated account for insurance contracts linked to credit-default swaps, residential mortgage-backed securities and other structured finance transactions, the parent company said yesterday. Dilweg’s office ordered the handover in a so-called rehabilitation. Traffic Cop “Once you take them into rehabilitation you have the right to manage the claims,” said Eric Dinallo , the former insurance superintendent for New York, who oversaw Ambac’s bigger competitor MBIA Inc. “You become a traffic cop, you slow some claims down and let others go by.” Ambac said that while it doesn’t consider the regulator’s move to constitute a default, it may consider a “prepackaged bankruptcy.” The International Swaps and Derivatives Association is studying the move and plans to rule on whether holders of contracts protecting against a default by Ambac’s insurance unit should be paid. The committee of banks and investors governs credit-default swaps in North America. Ambac fell 14 cents to 66 cents in New York Stock Exchange composite trading yesterday. The shares are down from as high as $96.10 in May 2007. Ambac sold the industry’s first insurance policy on municipal debt 39 years ago, for a $650,000 bond of the Greater Juneau Borough Medical Arts Building in Alaska. The business thrived, with a handful of competitors obtaining the top AAA credit rating needed to guarantee debt of state and local governments and their agencies that seldom defaulted. Question of Coverage Ambac’s main unit was stripped of its top ratings in 2008 and has since seen its grade cut 17 levels to Caa2 by Moody’s Investors Service. “At this point, it’s not a question of AAA coverage,” Dilweg told Bloomberg Television. “It’s a question of coverage.” To contact the reporters on this story: Andrew Frye in New York at afrye@bloomberg.net ; Christine Richard in New York at crichard5@bloomberg.net .

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Moore Capital, Deutsche Bank, Exane Workers Probed by U.K. in Insider Case

March 23, 2010

By Caroline Binham and Tom Cahill March 23 (Bloomberg) — An employee of hedge-fund Moore Capital Management LLC’s U.K. unit was arrested and workers at Deutsche Bank AG and Exane SA are being investigated in the U.K’s largest crackdown on insider trading. In all, six men were arrested today after 16 addresses were raided in London and south-east England by the Financial Services Authority . The FSA didn’t release names or details on who was arrested. Moore Capital, the $15 billion hedge fund run by Louis Bacon , said its office in London was searched today and one of its employees was placed on leave. Deutsche Bank said in a statement an employee was being investigated. An employee at Exane is also being questioned, a spokesman for the firm said today. Exane is 50 percent-owned by BNP Paribas SA. None named the employees involved and all said they were cooperating. “It is believed that the city professionals passed inside information to traders — either directly or via middlemen — who traded on this information and have made significant profits as a result,” the FSA said in a statement. The regulator is pursuing insider-trading probes after criticism from lawmakers it wasn’t doing enough to halt the crime. It won a jail sentence against a former trader earlier this month, and last week filed charges in another case against a former banker. Today’s raid was the first time the FSA has worked with the Serious Organized Crime Agency in a sting operation dating back to 2007, according to the regulator. Julian Rifat “I can confirm that the FSA made an inquiry into one of our employees as part of their investigation announced today,” Michael Golden, a spokesman for Deutsche Bank, said in an e- mailed statement. Julian Rifat, an employee at New York-based Moore Capital, was served with a warrant, a person with knowledge of the matter said. Rifat didn’t immediately respond to a telephone call or e- mail seeking comment. “This morning representatives of the FSA were at our London office to serve a search warrant for documents relating to an employee of Moore Europe working as an execution trader,” Moore Capital said in a statement. “We understand from the FSA that the investigation of the employee does not involve any of the funds managed by Moore Capital.” The firm said its employee was placed on leave and it is fully cooperating with the FSA. The individual was trading for his personal account, said a person briefed on the arrest who declined to be identified. Previously Probed The firm’s London office was previously investigated by the FSA over using insider information. The agency fined one of Moore Capital’s former fund managers for market abuse in September 2008 in a separate case, after he used inside information to buy Rhodia SA bonds. “This is the FSA’s way of showing it’s deadly serious,” said Jerome Lussan , founder of hedge-fund consultant Laven Partners in London. “Every investment house has to be careful. They’re stepping up enforcement.” The FSA released no details on whether the men have been released on bail, or their ages. It said two were senior employees at “leading city institutions.” More than 140 FSA officials carried out the raids this morning, the FSA said, seizing computers and documents. While the regulator said this was its biggest insider- trading investigation, it arrested eight people in July 2008, including former employees at JPMorgan Cazenove Ltd. and UBS AG ’s London offices. Threats to Abolish Opposition Conservative lawmakers have threatened to abolish the FSA should they win this year’s election, which must be held by June. They haven’t said which agency would undertake the FSA’s criminal work such as insider-trading probes. The FSA was “carrying on as usual” in the face of the Conservative lawmakers’ plans to abolish it, said Chris Rexworthy , a former FSA investigator who now works for IMS Consulting, a hedge-fund adviser in London. “They’ve said they want people to be ‘very afraid’ and they want people to see a credible deterrent, and this is evidence of that credible deterrent,” said Rexworthy. The regulator last year was given the power to negotiate plea-bargains to help pursue insider-trading investigations similar to those its U.S. counterparts have used to crack down on the crime, such as the case against Galleon Group LLC’s Raj Rajaratnam . U.S. Galleon Case Robert Moffat , a former senior vice president at International Business Machines Corp., agreed to waive his right to a grand jury indictment, U.S. prosecutors said today, an indication he may plead guilty in the Galleon insider-trading case. Moffat is accused of leaking information about the earnings of IBM and Sun Microsystems Inc. to Danielle Chiesi , a consultant for New Castle Funds LLC. The FSA gave a plea bargain to a witness in its case against Malcolm Calvert , the former Cazenove partner who received a 21-month sentence earlier this month. The FSA has been trying to crack down on insider trading at hedge funds in particular, according to Darren Fox , a hedge-fund lawyer at London-based Simmons & Simmons. “That’s really in response to Galleon,” he said. “Since that case broke, they have been really keen to bring their own, and you see regulatory one-upmanship.” To contact the reporters on this story: Caroline Binham in London at cbinham@bloomberg.net ; Tom Cahill in London at tcahill@bloomberg.net

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Stephen Ross’s SJB Said to Raise More Than $1 Billion for Bank Buyout Fund

February 11, 2010

By Jonathan Keehner Feb. 11 (Bloomberg) — Related Cos. founder Stephen Ross and partners Jeff Blau and Bruce Beal Jr. raised more than $1 billion for their SJB National Bank to acquire a seized U.S. lender, according to a person with knowledge of the matter. SJB won approval to bid on failing institutions from the Federal Deposit Insurance Corp., according to an Oct. 26 letter from the regulator obtained by Bloomberg News. To contact the reporter on this story: Jonathan Keehner in 東京 at jkeehner@bloomberg.net

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U.K. Financial Services Authority CEO Hector Sants to Step Down This Year

February 9, 2010

By Caroline Binham Feb. 9 (Bloomberg) — Hector Sants , the chief executive officer of Britain’s financial regulator, said he will leave the agency later this year. Sants, CEO of the Financial Services Authority since July 2007, will step down by the end of the summer, the regulator said in a statement. “When I was appointed I told the board that I planned to serve as CEO for three years, and I intend to stick to that timetable” said Sants, 54, in the statement. “Those three years have encompassed the most extraordinary circumstances for a financial regulator, and I am very proud of the manner in which the FSA rose to the challenge of dealing with such unprecedented turbulence across global financial markets.” Sants’s resignation comes at a key time for regulation both in the U.K. and across the world, where policy makers are trying to grapple with rules in the wake of the worst financial crisis in a generation. The opposition Conservative lawmakers in the U.K. have pledged to abolish the FSA and carve up its duties should they win this year’s election. They say the FSA’s lax oversight of banks contributed to the crisis. To contact the reporters on this story: Caroline Binham in London at cbinham@bloomberg.net

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New York Fed Lawyer Says AIG E-Mail `Didn’t Warrant’ Geithner’s Attention

January 8, 2010

By Hugh Son Jan. 8 (Bloomberg) — Timothy Geithner , the former Federal Reserve Bank of New York president, wasn’t aware of efforts to limit American International Group Inc.’s bailout disclosures because the regulator’s top lawyer didn’t think the issue merited his attention, according to a letter sent to lawmakers. “Matters relating to AIG securities law disclosures were not brought to the attention of Mr. Geithner,” Thomas Baxter , general counsel of the New York Fed, said today in a letter to Representative Darrell Issa , a California Republican. “In my judgment as the New York Fed’s chief legal officer, disclosure matters of this nature did not warrant the attention of the president.” To contact the reporter on this story: Hugh Son in New York at hson1@bloomberg.net

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Treasury Official Blames Fed For Citigroup Fiasco

December 17, 2009

A top Treasury official blamed the Federal Reserve on Thursday for Citigroup’s botched attempt to raise funds to pay back its federal bailout. The finger-pointing comes a day after the market rejected the government and the Fed’s assertions about the health of Citigroup, turning back the bank’s effort to raise $17 billion by selling common stock. The rebuke is a blow to the administration’s effort to withdraw itself from its ownership stake in major financial institutions and a reminder that many Wall Street banks, despite planning to pay sky-high bonuses this year, have yet to turn things around. Major Wall Street banks are rushing to refund TARP money, in part so that they can get out from under compensation restrictions that come along with the assistance. Despite analysts’ warnings that Citigroup still wasn’t healthy enough, Treasury and the bank went ahead with the attempted payback. When Citi failed to raise the money it needed from the market, Treasury backed away from selling its shares. “Based on today’s offering price, Treasury has decided not to participate in the equity offering,” a Treasury official told HuffPost in a statement. “We expect to divest the government’s ownership stake in Citi shares over the next 12 months, and have agreed to extend the lock-up period to 90 days.” But why did they think it was a swell idea in the first place? How did they so badly misread the market? Ask Time ‘s man of the year, said Assistant Treasury Secretary Herb Allison at a House hearing today. “We don’t make the determination of when Citi can repay the Treasury for our investment in the company. That decision is made by the regulator,” said Allison. The hearing’s chairman, Rep. Dennis Kucinich (D-Ohio), asked him to clarify what he meant by the regulator. “The regulator meaning the Federal Reserve in this case. Also in consultation with the FDIC,” Allison said. Though Federal Reserve chairman Ben Bernanke may have lost the confidence of the market regarding Citi’s health, he got some good news today — he was approved by the Senate Banking Committee today by a vote of 16-7 and his renomination now heads to the Senate floor. But did Treasury have a choice? The shares, of course, are owned by the Treasury Department, which can decide not to sell them, as they demonstrated the day before. Allison is assistant secretary for financial stability and oversees the Troubled Asset Relief Program. He was testifying before Kucinich’s Oversight and Government Reform Domestic Policy Subcommittee. Kucinich continued to press Allison about how much of a say the department has over its own shares, resulting in the following exchange: Kucinich: “So it’s the Federal Reserve that decides when to exit the TARP and the Federal Reserve does it at their choosing, or who chooses? How do we know who makes the choice whether to exit the TARP? How do we know if it’s the banks that are deciding or the Federal Reserve? Do you know?” Allison: “The regulators decide, Mr. Chairman, on when it’s appropriate for a bank to repay the Treasury.” Kucinich: “Is that a transparent process, Mr. Allison, or is that pretty much done over at the Fed without any report to you?” Allison: “That’s a matter for the regulator, that’s–” Kucinich: “Well, they’re the regulator, but we’re the shareholder. When do we find out? When do you find out? Do you find out when you read about it in the newspaper?” Allison: “When the regulator informs us that it is–” Kucinich: “Fed. When the Fed informs you.” Allison: “Yes sir, in this particular case, or it could be another one of the–” Kucinich: “But it’s like what, the Fed informs you?” Allison: “Yes.” Kucinich: “The Fed doesn’t ask you if you have any position on this, they just tell you they’re doing it. Is that what you’re saying?” Allison: “We don’t exercise regulatory oversight over the banks. That’s a matter for the regulatory agencies.” Kucinich: “But we are holding all these billions in shares. Shouldn’t the government have any ability to decide when the banks would exit from TARP?” Allison: “We’re following the laws enacted by Congress, Mr. Chairman, as to how we will dispose of the shares, and that is with the approval of the regulator.” Kucinich: “Do you have to agree with the banks whether they’re healthy or not, or does the Fed agree with the banks whether they’re healthy, and you don’t talk to the Fed, you just go along with whatever they tell you?” Allison: “We have conversations with the regulatory agencies, but we do not make the decision as to when a bank is able and ready to repay us.” Kucinich was left with the impression of an investor holding billions of dollars worth of shares with no say over what the company does or when those shares are sold. “This is a strange system we’ve set up here,” he said. “We’re not only talking about passive shareholders, we’re talking about shareholders who don’t know nothin’.” A Fed spokeswoman didn’t immediately respond to a request for comment. The failure of the Citigroup stock sale raises a range of uncomfortable questions for the administration. How rigorous were the “stress tests” which claimed that the banks would be just fine if the market says otherwise? Have the accounting changes that the administration has allowed puffed up the banks’ books to the point where the market doesn’t believe in them? What kind of investment does the Fed have in Citigroup and is it really, as they claim, risk free? Rep. Pete Stark (D-Calif.), with a background in banking himself, had a more basic question. “Why did the president put all these Wall Street guys in his cabinet?” he wondered in response to the failure. “They can’t even save their buddies, much less poor working people.” Rep. Alan Grayson (D-Fla.), a longtime opponent of allowing banks to change mark-to-market accounting rules, said that the failed stock offering is the flip side of the benefit the banks get when they make up numbers. “The chickens have come home to roost regarding the accounting fictions that they’ve employed. The price that you pay for cooking the books is you reach a point where nobody believes what you say on your books. The market manifestation is that you can’t sell equity or debt because nobody believes what you’re saying,” he told HuffPost. Grayson also argued that the failure of Citi to raise capital shows that the earlier investment the Fed made in it was not risk-free, as it is required to be by law. “They undertook these transactions under a specific statutory authority that required them to conclude that these transactions had no risk. Clearly that’s not the case. If you have an asset you can’t sell, then clearly that’s a risky asset,” he said. “The fiction that these were transactions that represented no risk to the Fed has now been exposed.” Joshua Rosner is managing director at the independent research consultancy Graham Fisher & Co. He told HuffPost that the failure of the stock offering raising a host of questions – and provides a few answers. First of all, Treasury failed investing 101 by announcing that it would sell a large share of its holding now and another large share down the road. “They created a huge overhang,” he said. Treasury also sent mixed signals, said Rosner, by asking to extend TARP until October while at the same time claiming that the banks are doing fine. Perhaps more importantly, said Rosner, the failed sale indicates that Citi is not worth what the government has said it’s worth. “If the market is supposed to be a place where assets can price in some semblance of their value, the markets just told you that with 50 percent of Citi for sale it’s not worth what Treasury seems to think it is. Moreover, the markets are telling you that they are not confident that Citi should’ve been let out of TARP yet,” he said.

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Australian Regulator Blocks Caltex Purchase of 302 Exxon Filling Stations

December 1, 2009

By Ben Sharples Dec. 2 (Bloomberg) — Caltex Australia Ltd. , the nation’s biggest oil refiner, had a planned A$300 million ($277 million) purchase of Exxon Mobil Corp. filling stations blocked by the regulator because of concern the deal will reduce competition. Customer choice across a range of retail fuel markets would be “substantially” lessened if the acquisition was approved, the Australian Competition and Consumer Commission said today in a statement. The transaction may lead to higher fuel prices, the regulator said. Caltex shares slumped. The oil refiner, half-owned by San Ramon, California-based Chevron Corp. , had estimated it would have 22 percent of Australia’s branded fuel market after the purchase of the 302 outlets, up from 16 percent. Caltex will consider its position and determine what action it will take, Chief Executive Julian Segal said after the ruling. “The ACCC expressed all these competition concerns, that potentially they have the ability to increase pricing,” Chris Weston , an institutional dealer at IG Markets in Melbourne, said by phone. “This decision was probably seen as the big catalyst for the stock going forward. They’ve missed out, so it’s probably going to lag the market for the next couple of weeks.” Caltex fell 2.4 percent to A$9.37 in Sydney trading at 2:11 p.m. after rising as much as 3.4 percent before the announcement. The benchmark S&P/ASX 200 Index advanced 1.1 percent. ‘Higher Fuel Prices’ Caltex would have leapfrogged London-based BP Plc’s 19 percent share of the branded fuel market through the acquisition and matched that of Coles, owned by Wesfarmers Ltd., and that of Woolworths Ltd. The regulator identified 53 sites that if acquired by Caltex, would lessen competition, it said. “The acquisition of these sites by Caltex would be likely to lead to reduced retail competition resulting in higher fuel prices for consumers,” Graeme Samuel , chairman of the regulator, said in a statement filed to the Australian stock exchange. Caltex will focus on growing its existing business and pursuing merger and acquisition activities, Segal said in a separate statement. The company sees opportunities beyond the proposed Exxon Mobil deal, should it be opposed, he said Nov. 5. Caltex agreed to buy the outlets from Irving, Texas-based Exxon in May. The ACCC twice delayed a ruling to give Sydney- based Caltex more time to provide additional information to the competition regulator. The company operates the Lytton refinery in Queensland state and the Kurnell facility in New South Wales, which accounts for about 32 percent of the nation’s oil processing capacity. “The ACCC decision is clearly a blow to Caltex’s ambitions to strengthen its fuel retail asset base,” IG Markets’s Weston said in later e-mailed comments. To contact the reporter on this story: Ben Sharples in Melbourne at bsharples@bloomberg.net

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Nomura Said to Fire Hong Kong Trader Over Breaches That Caused U.K. Fine

November 24, 2009

By Takahiko Hyuga Nov. 25 (Bloomberg) — Nomura Holdings Inc. , Japan’s largest brokerage, fired a Hong Kong-based trader and the employee’s manager because they breached internal rules on derivatives trading, said a person familiar with the situation. Nomura fired the two employees after discovering the trader failed to value derivatives properly, the person said, declining to be identified because the matter is private. The person wouldn’t give the employees’ names or say when they were fired. The Financial Services Authority in London said yesterday it fined Nomura’s U.K. unit 1.75 million pounds ($2.9 million) for falling short of expected standards in valuing financial instruments in its international equity derivative business. So- called mis-marking in 2008 worth a total of 16.3 million pounds was uncovered, the FSA said. “We have to say our internal controls had weaknesses as there was mis-marking,” said Keiko Sugai , a Tokyo-based spokeswoman at Nomura. The brokerage took internal disciplinary action “properly” against the employees involved, Sugai said. She declined to say whether the workers were fired or disclose who they are. Nomura cooperated with the FSA’s investigation and qualified for a discount on the fine, which would have been 2.5 million pounds, the regulator said. The mis-marking took place before Nomura bought the European assets of Lehman Brothers Holdings Inc. after the Wall Street firm filed for bankruptcy in September 2008. Nomura’s systems in London that verified how derivatives were valued were “open to abuse,” according to the FSA’s investigation report , with only a small number of stocks tested at a time. The improper valuation that led to the fine was identified by a London-based trader in June 2008. After an internal probe, the bank established that a Hong Kong trader had mis-marked his book, the report said. The trader was suspended on June 30, 2008 pending an investigation, according to the FSA report. To contact the reporter on this story: Takahiko Hyuga in Tokyo at thyuga@bloomberg.net

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China Said to Plan Review of Developer Loans on Concern at Surging Prices

November 2, 2009

By Bloomberg News Nov. 3 (Bloomberg) — China’s banking regulator plans to review debt levels at some real-estate developers on concern the companies’ borrowings are fueling excessive gains in property prices, a person familiar with the matter said. The China Banking Regulatory Commission wants to reduce leverage at developers that bought land at inflated prices and at large state-owned companies that have entered the property market, the person said, declining to be identified because the plans haven’t been made public. Excessive borrowing by some developers threatens to cause an increase in delinquent debts should prices collapse, the person said. China’s home prices rose at the fastest pace in a year in September as government stimulus spending drove a recovery in the world’s third-largest economy. “Should lending be tightened, the impact on the property market would be huge,” said Liu Xihui , a Shenzhen-based analyst at Ping An Securities Co. Restrictions on second mortgages imposed after June 30 “had a big impact” on demand both among property investors and people looking for new homes, he said. At the end of August, liabilities exceeded 90 percent of assets at more than 160 developers that have borrowed at least 50 million yuan ($7.3 million) each from banks, the person said. New loans for real-estate development surged 121 percent from a year earlier in the first half to 403.9 billion yuan, according to the People’s Bank of China’s latest quarterly report. New credits for home purchases more than doubled to 479.3 billion yuan in the period. A gauge tracking 24 real estate firms traded in Shanghai has climbed 120 percent this year, the best-performing group on the benchmark Shanghai Composite Index . Chasing Market Share Some banks loosened mortgage down payment requirements this year to boost market share, and some paid commissions to developers and real estate agents for referring borrowers, the person said. Almost 10,000 mortgages defaulted in the first eight months of 2009, taking the total to 140,000 at the end of August, the person said. Regulators in Hong Kong, Singapore, Taiwan and India are also trying to control property lending, after rising prices across Asia fueled concerns that bad debts could spiral. The Reserve Bank of India last week ordered lenders to set aside more funds to cover property loans. While the CBRC doesn’t have the power to force developers to cut borrowings, it can direct banks to reduce lending to the industry. The regulator will mainly target state-owned companies whose main businesses are outside of real estate, the person said. The CBRC didn’t respond to a faxed request for comment. China Vanke Co. , the nation’s largest developer by market value, raised average apartment prices 26 percent in September from a year earlier to 10,168 yuan per square meter, the company said last month. Prices rose 4 percent from August. Income Growth Trails The price increase outpaced gains in urban disposable incomes, which rose 14.5 percent to an average 15,781 yuan last year, according to the National Bureau of Statistics. Vanke’s third-quarter net income doubled from a year earlier, to 433 million yuan. “Bubbles exist in some regions, mostly first-tier cities and some second-tier cities, and the bubble in high-end property market is more obvious,” said Bai Hongwei , an analyst at China International Capital Corp. “Banks had a huge role. Without this leverage, the market would basically have no vigor.” Rapid gains in property prices are “very likely” to disrupt improvements in real estate investment and threaten the economic recovery as the government takes measures to curb the “bubble,” Ba Shusong , a deputy head of financial research at the Development Research Center, which advises the State Council, said Sept. 2. Rising property prices have pushed up land costs, as developers rushed to secure inventories in anticipation that housing demand would continue to strengthen. ‘Reasonable’ Lending The CBRC’s Shanghai branch in July ordered lenders to obey rules on mortgages for second homes and step up scrutiny of approvals. On Oct. 28, the regulator said it plans to tighten rules on personal loans to prevent them from being used for speculation. China has clamped down on the property market before. The government raised down payments on second mortgages to 40 percent and interest rates to 110 percent of the benchmark Sept. 29, 2007, causing price declines in some cities in 2008. Banks must “steadfastly” follow policies on second mortgages and make “reasonable” lending plans for the fourth quarter, CBRC Chairman Liu Mingkang said in an Oct. 21 statement on the regulator’s Web site. To contact the Bloomberg reporter for this story: Philip Lagerkranser at lagerkranser@bloomberg.net

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Hedge Funds in Singapore Need to Be Licensed, AIMA’s Michael Coleman Says

October 19, 2009

By Netty Ismail Oct. 19 (Bloomberg) — Hedge funds in Singapore will “almost certainly” need to be licensed as the central bank seeks to tighten regulation of the industry, according to the local chapter of the Alternative Investment Management Association, the largest trade group for hedge funds. Hedge-fund managers are currently exempt from holding a capital-markets services license, provided they manage funds on behalf of 30 or less of what the Monetary Authority of Singapore describes as “qualified” investors. “Almost certainly there will be a move away from the current exempt regime to some form of licensing,” said Michael Coleman , chairman of AIMA’s local branch, whose members are “in dialogue” with the central bank on proposed industry reforms. “Hopefully those changes will be well thought through and won’t damage the industry, which I’m very confident they won’t.” Licensing requirements may add to costs for Singapore’s hedge-fund industry, which the local chapter of AIMA estimates oversees at least $34.9 billion, excluding assets managed by several of the large global firms. The industry has grown from near zero in 1997 to now housing 138 single-strategy hedge-fund managers that employ more than 800 professionals, according to a survey by the local chapter. The island-state’s “lighter regulatory touch” has enabled hedge-fund managers to set up business “relatively quickly,” without risking any delay in getting the necessary licenses from the regulator, according to an overview of the industry published by AIMA. Tweaking Regulations “As part of MAS’s risk-based supervisory approach, we keep in touch with the industry to get a good understanding of industry practices and challenges,” a spokeswoman at the regulator said in an e-mail. “MAS will continue to monitor market developments and global initiatives, and fine-tune our regulatory approach as appropriate.” World leaders, including the Group of 20 countries that make up most of the world’s economy, have called for stricter oversight of the pools of private capital in the wake of the global financial crisis. “To move from very light regulation to high regulation will mean some additional costs; the MAS understands those issues,” Coleman said in an interview on Oct. 16, declining to provide further details on the proposed changes. “We’re very confident that the potential cost burden will be modest and won’t damage the industry. We’re working with the MAS to try and find the right balance between rigor and expense.” Hedge-fund managers in the city-state are still subject to local rules on securities and futures trading as well as money laundering. Singapore’s Appeal Tighter regulations are unlikely to deter hedge funds from setting up shop in Singapore, said Hong Kong-based David Gray, UBS AG’s head of prime services in the region. “MAS has done a lot of work in being able to put the structures in place, they’ve been very clear about the rules,” Gray said in an interview. “For a lot of managers, it makes a lot of sense to start up in Singapore. You’ve got a talented workforce, a very commercial, reasonable regulator, and it’s an extremely stable economy.” Hedge funds should be required to register and disclose data to regulators to guard against their trading destabilizing financial markets, the International Organization of Securities Commissions said in June. Financial watchdogs worldwide should be able to demand information on funds’ risk management and have authority to work together and share data to track “globally active” funds and managers, Madrid-based IOSCO said in guidelines that seek to address gaps in oversight that contributed to the global financial crisis. Hedge funds are mostly private pools of capital whose managers participate substantially in the profits from their speculation on whether the price of assets will rise or fall. To contact the reporter on this story: Netty Ismail in Singapore nismail3@bloomberg.net .

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China Said to Plan Tightening of Bank Capital Requirements as Stocks Rally

August 20, 2009

By Bloomberg News Aug. 21 (Bloomberg) — China plans to tighten capital requirements for banks, threatening to curb the record lending that’s fueled a 60 percent rally in the nation’s stock market , three people familiar with the matter said. The China Banking Regulatory Commission sent a draft of rule changes to banks on Aug. 19 requiring them to deduct all existing holdings of subordinated and hybrid debt sold by other lenders from supplementary capital, said the people, who have seen the document. Banks have until Aug. 25 to give feedback, said the people, who declined to be identified as the matter is private. As a result, banks may need to rein in lending or sell shares to lift capital adequacy ratios to the 12 percent mandated by the regulator. Chinese stocks briefly entered a so- called bear market this week on concerns the government would stymie new loans that exceeded $1 trillion in the first half. A news department official at the regulator declined to comment by phone and didn’t immediately respond to a faxed inquiry. “This move will cut one of the most important funding sources for banks,” said Sheng Nan , an analyst at UOB Kayhian Investment Co. in Shanghai. Banks will “have to either raise more equity capital or slow down lending and other capital consuming businesses to stay afloat.” China’s banks have sold 236.7 billion yuan ($34.6 billion) of subordinated bonds so far this year, almost triple the amount issued during all of 2008. The banking regulator estimates about half of the subordinated bonds in circulation are cross-held among banks. Record Lending Those debt sales came as new loans rose to a record 7.37 trillion yuan in the first half. About 1.16 trillion yuan of loans were invested in stocks in the first five months of this year, China Business News reported on June 29, citing Wei Jianing, a deputy director at the Development and Research Center under the State Council, China’s cabinet. “I’m worried about a correction in a market that has been driven by cheap money,” Devan Kaloo , who oversees $11.5 billion as head of global emerging markets at Aberdeen Asset Management Ltd., said Aug. 19. China’s benchmark Shanghai Composite Index almost doubled during the first seven months of this year through Aug. 4, after falling 65 percent in 2008. Since reaching this year’s high on Aug. 4, it’s plummeted 15 percent. The index on Aug. 19 briefly fell 20 percent from this year’s high, the threshold for a bear market, before ending the day down 19.8 percent. The gauge rebounded yesterday, rising 4.5 percent. Credit Concerns The weighted average capital adequacy ratio of 205 commercial Chinese banks at the end of 2008 was 12 percent, up 3.7 percentage points from a year earlier, according to the industry’s annual report. The weighting was strongly affected by the nation’s five-largest banks, which account for 52 percent of assets in the industry. The banking regulator has indicated it’s concerned about excessive credit creation. Last month, the commission ordered lenders to raise reserves against non-performing loans, to ensure loans for fixed asset investments go to projects that support the real economy and announced plans to tighten rules on working capital loans. Banks are allowed to count subordinated bonds they sell as supplementary or lower-Tier 2 capital. In the event of bankruptcy, holders of subordinated notes receive payment only after other debt claims are paid in full. The regulator’s rule change requires banks to subtract all existing holdings of subordinate bonds issued by other lenders from their own subordinated bonds being counted as supplementary capital. Hybrid Bonds In addition, the new rules also limit the amount of subordinated or hybrid bonds banks can hold, the people said. A bank’s holding of subordinated and hybrid bonds issued by a single bank can’t exceed 15 percent of its core capital, the people said. Holdings of all subordinate and hybrid bonds issued by banks can’t exceed 20 percent of core capital. The regulator has called on small publicly traded banks to have a minimum capital adequacy ratio of 12 percent by year’s end, up from the current 10 percent. The ratio, a measure of how much in losses a bank can absorb, is calculated by dividing capital by risk-weighted assets. A bank’s risk-weighted assets are comprised partly of loans. After deducting subordinated bonds issued by other banks, lenders must either raise core capital or reduce their loans to meet the capital adequacy ratio requirements. “It’ll be hard for commercial banks to sell subordinate bonds because much of the debt is sold to their counterparts,” said Xu Xiaoqing , a bond analyst at China International Capital Corp. in Beijing. “This rule would tighten lending by commercial banks, especially small and medium sized banks that have relatively less capital.” For Related News and Information: Top financial stories: FTOP Stories on China Banks: TNI CHINA BNK Comparison with peers: 1398 HK PPC

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