Financial Regulatory Forum

SNAP ANALYSIS-Swiss give fresh momentum to contingent bonds

RTXSLHY_CompBy Jane Merriman

LONDON, Oct 4 (Reuters) – Contingent capital got a boost on Monday as Swiss regulators said these bonds, which convert to equity when banks are in trouble, could help bolster the capital base of Credit Suisse and UBS.

The Swiss initiative marks a step forward for the asset class, which has failed to find a big fan base among investors since UK bank Lloyds and Dutch-based Rabobank issued contingent-style bonds in November 2009 and March this year.

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from Reuters Investigates:

Morbid money-spinners

If the life settlements market seems ghoulish, here’s a British scandal which isn’t doing the image of the business any favours. It’s one of the worst the country’s seen.

Around 30,000 mainly elderly investors in the UK put their money into a company called Keydata, hoping to make a little extra cash to fund their own retirement with the promise of a healthy return.

What they were buying sounded kosher, even if it did depend on how fast their wealthy American counterparts were dying. Of course, the investors may not have known that.

FACTBOX-How the EU plans to shake up financial services

Sept 27 (Reuters) – European Union central bankers, lawmakers and ministers meet in Brussels this week for the annual Eurofi symposium to discuss the bloc’s financial reform plans.

Representatives of European Union states and the European Parliament also meet separately on Monday in a further bid to agree new rules to regulate managers of hedge funds and private equity groups. (more…)

OPINION-The heavy lift of harmonization-CFTC’s Chilton

–The author is Bart Chilton, a commissioner at the U.S. Commodity Futures Trading Commission. The opinions represent the view of the author and not that of Reuters.

By Bart Chilton

Now that the U.S. has approved the largest financial regulatory reform ever undertaken, it’s time for other nations to join in to ensure more efficient, effective market systems. Here is what we know: free markets without sufficient sideboards led to the global economic collapse.

Banks moved away from traditional lending and into exotic mortgages and foolhardy bets — like naked credit default swaps — and ultimately the American taxpayer was left with the bill for bailing out large institutions previously thought of as too big to fail.

Swapping the rules: derivatives concern SEC, CFTC and the market (Westlaw Business)

Gary Gensler, chairman of the U.S. Commodity Futures Trading Commission, gestures as he testifies before the Financial Crisis Inquiry Commission hearing on the Role of Derivatives in the Financial Crisis on Capitol Hill in Washington July 1, 2010. REUTERS/Yuri Gripas (UNITED STATES - Tags: POLITICS BUSINESS)

Gary Gensler, chairman of the U.S. Commodity Futures Trading Commission.

(Westlaw Business) - Swap markets and players were a main focus of Dodd-Frank, yet the SEC and CFTC were left to work out the details. The market, from Ropes & Gray to the Reinsurance Association of America, has provided these regulators with public comment and disclosure commentary. Now that the public comment period has drawn to a close, one thing is clear: issues from “security-based swap” to “swap participant” are certain to have big impact on a broad array of companies, both in financial services and beyond.

Enacted on July 21, 2010, Dodd-Frank incorporated a 360-day-window for the Act’s wrinkles to be smoothed out before implementation. One of the first casualties has been the CFTC’s rejection of discretionary Grandfather relief the Act allows the Commission to provide. Some 300 days remain in which all Dodd-Frank’s administrative detail work must be concluded. According to CFTC Chairman Gary Gensler, 30 teams have been dedicated to address the key policy and drafting issues of the new law. The working definitions of affecting the entire derivatives industry now rest in the hands of the SEC and CFTC.

Title VII of the Act, subtitled Wall Street Transparency and Accountability, defines terms as part of a complex scheme to regulate swap markets and security-based swap markets. The law looks to curtail the kinds of highly leveraged derivatives trades that have the potential to wreck the U.S. economy (again). Even more acutely, the act seeks to prevent Federally regulated institutions from (more) taxpayer bailouts. Market experts, however, have expressed concern that without narrow tailoring, these changes could not only increase compliance costs and margin requirements, but erect barriers to entry and foreclose the use of important risk management tools.

SCENARIOS-ECB options to deal with liquidity-addicted banks

FRANKFURT, Sept 20 (Reuters) – European Central Bank policymakers are mulling ways to tackle the problem of lenders addicted to central bank liquidity, which is complicating its exit from extraordinary crisis lending measures.

Below are some of the options the ECB could consider to wean banks off the cheap and abundant funding which is pinning market interest rates for maturities of up to four months below the central bank’s benchmark interest rate.

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ANALYSIS-Warren carries clout in US financial consumer job

15:42 17Sep10 -UPDATE 1-ANALYSIS-Warren to wield clout in US consumer job * Harvard law professor has rapport with Obama, aides * Warren will shape consumer agency, advocate for it * Some see advisory role as “half-measure” * To be “instrumental” in picking agency director (Updates with announcement, White House comments) By Caren Bohan and Dave Clarke WASHINGTON, Sept 17 (Reuters) – From an exclusive perch close to the seat of power, Wall Street nemesis Elizabeth Warren will have plenty of autonomy as well as President Barack Obama’s ear. The Harvard law professor, whose grandmother drove a wagon in the Oklahoma land rush, is a folk hero for consumer groups and the bane of Wall Street. She will build from scratch a new government agency to crack down on abusive practices in financial products like mortgages and credit cards. Warren has known Obama since his student days at Harvard and will be designated “assistant to the president” — a coveted title most often reserved for the closest White House aides. Named on Friday as a special adviser leading the creation of the Consumer Financial Protection Bureau, she will juggle reporting to two of the most powerful figures in Washington — Obama and Treasury Secretary Timothy Geithner. Warren’s relationship with Geithner has occasionally been a bit rocky, although both now say they get along just fine. The folksy, plainspoken Midwesterner and the smart, New York-born financial guru clashed when Warren ran the U.S. government watchdog agency overseeing the $700 billion financial bailout program. Both Warren and Geithner appeared with Obama at the Rose Garden announcement of her new job, but neither spoke. The advisory role allows Obama to avoid a nasty battle for Warren’s Senate confirmation that would have been triggered by a formal nomination as director of the consumer agency but would put her at the helm of an independent agency. “This is a capitulation of sorts,” said Terry O’Neill, president of the National Organization for Women. But she said she believed Warren would ultimately wield influence in the “old boys’ club” that is the administration’s economic team. SPLITTING THE BABY Warren will work from two offices — one at Treasury and another in a building a few blocks from the White House where the consumer agency will initially be housed. Most assistants to the president have space in the West Wing and power is often measured by their physical proximity to the Oval Office. The White House feared Warren would have been sidelined during a lengthy nomination fight in which she would have been expected to keep a low profile and would have been much more constrained in the duties she could take up. Wall Street fears Warren would use her role to push for policies that would hurt profits on products like credit cards and stifle their competitiveness. Obama’s Solomon-like decision to split the baby raised questions about whether it was a half measure that would limit Warren’s power as she works to get the bureau up and running. “If Warren is given real power, this is great news,” said Becky Bond of the liberal group CREDO. “If she is not given the power to make change and hold Wall Street and abusive banks accountable, this maneuver is nothing more than inside-the-Beltway cleverness.” Business groups and some senators considered the bypass of the confirmation process as signaling a lack of transparency that would undermine the new consumer agency. It was Warren who first proposed the consumer agency and helped the administration push for its inclusion in the sweeping financial reform bill that passed in July. Warren, 61, has spent decades championing the rights of middle-class families and detailed their struggles in a best-selling book called “The Two-Income Trap.” The janitor’s daughter from Oklahoma, whose father was a victim of a crooked business partner, has been called by Obama a “dear friend,” and her views on issues like predatory lending have long gelled with his. REAL AUTHORITY? Few who know Warren doubt she would have insisted on a position with real authority. “My working assumption is that Elizabeth Warren, having known her for many, many years, would not accept a position where she does not have the authority she needs to make things happen,” said Maureen Thompson of the consumer group Americans for Financial Reform. “She is not a shrinking violet,” Thompson said. Warren’s job has been compared to previous advisory roles, such as the “pay czar” job held by Kenneth Feinberg to examine executive compensation at bailed-out banks and Steve Rattner’s appointment as “car czar” leading the auto industry rescue. A provision in the financial reform law that directs the Treasury Department to get the consumer agency up and running allowed Obama to name Warren to the advisory role. Warren will be “instrumental” in picking the consumer agency’s director, White House spokesman Robert Gibbs said, but he would not say if she would be considered as a candidate. Obama’s decision sparked a debate among banking lawyers over potential legal constraints on Warren’s authority. Some said the law limits Treasury’s role to overseeing the integration of employees from various federal agencies into the new shop and would not include the ability to write new regulations. Others say that is too limited an interpretation. Former Bush administration official Tony Fratto said it would have been virtually impossible to confirm Warren ahead of the November congressional elections and even harder to do so afterward, with Republicans likely to make gains in the Senate. But White House officials rejected any notion that Obama blinked from a fight. “A confirmation battle could be 7, 8, 10, 12 months long,” one senior official said. “In that period of time, she wouldn’t only have no power to do anything, she wouldn’t have any role in the decision-making in standing up the agency. She wouldn’t be able to speak publicly about the agency.” “This is a far better option because she will play a central role in getting the agency going at a pivotal time,” the official said. (Reporting by Caren Bohan and Dave Clarke; Editing by Leslie Adler and Tim Dobbyn) ((caren.bohan@thomsonreuters.com; +1 202 898 8300; Reuters Messaging: caren.bohan.reuters.com@reuters.net)) Keywords: OBAMA/WARREN CLOUT Friday, 17 September 2010 15:42:45RTRS [nN17183939] {C}ENDS

By Caren Bohan and Dave Clarke

WASHINGTON, Sept 17 (Reuters) – From an exclusive perch close to the seat of power, Wall Street nemesis Elizabeth Warren will have plenty of autonomy as well as President Barack Obama’s ear.

The Harvard law professor, whose grandmother drove a wagon in the Oklahoma land rush, is a folk hero for consumer groups and the bane of Wall Street. She will build from scratch a new government agency to crack down on abusive practices in financial products like mortgages and credit cards.

ANALYSIS-EU, U.S. supervisors face derivatives test

By Huw Jones

LONDON, Sept 15 (Reuters) – Differences between new European Union and U.S. rules to crackdown on derivatives will be a key test of how well transatlantic regulators can coordinate to iron out loopholes banks may be tempted to exploit.

The United States has already approved a law to tighten supervision of the $615 trillion off-exchange derivatives markets and the EU published its own draft law on Wednesday.

Both implement pledges the EU and United States made as members of the Group of 20 countries (G20) to require central clearing of as many contracts as possible, reporting of trades to repositories and where appropriate, trading on an exchange.

COLUMN-Cocoa’s rise and fall puts spotlight on FSA: John Kemp

– John Kemp is a Reuters market analyst. The views expressed are his own –

By John Kemp

LONDON, Sept 15 (Reuters) – Cocoa’s stunning rally and equally spectacular bust over the last five months provides compelling evidence that large positions, especially in contracts close to delivery, influence futures prices, and that regulators should develop effective position limits to ensure market prices reflect supply-demand fundamentals and not the impact of dominant positions.

Britain’s Financial Services Authority (FSA), which regulates commodity markets, continues to insist there is no evidence large positions, either singly or collectively, influence futures prices, most recently in a position paper published in December 2009 (http://www.fsa.gov.uk/pubs/other/reform_otc_derivatives.pdf).

Basel’s Bark May Be Slow to Bite

BASEL-BANKSBy Erik Krusch

(Westlaw Business) – Between bank capital raises and media coverage, the Basel III era may be upon us. After months of anticipation, and more than a little dread on the part of banks, it is true that the Basel Committee on Banking Supervision (Basel Committee) has finalized the Basel III bank capital ratios and other measures. But not so fast. With history as guide, it’s apparent that there is a real gap between Basel-driven standards and actual implementation.

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