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	<title>Comments on: Bring out your SIVs - before it&#8217;s too late</title>
	<atom:link href="http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/</link>
	<description>Richard Murphy on tax and corporate accountability</description>
	<pubDate>Sat, 22 Nov 2008 00:38:21 +0000</pubDate>
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		<title>By: Misaccounting was at the core of the governance failure that lead to the credit crunch &#124; called2account</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-494187</link>
		<dc:creator>Misaccounting was at the core of the governance failure that lead to the credit crunch &#124; called2account</dc:creator>
		<pubDate>Thu, 25 Sep 2008 04:52:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-494187</guid>
		<description>[...] way I have called that charade a fraud. I have specifically applied that term to the Granite structure that Northern Rock used, but in so [...]</description>
		<content:encoded><![CDATA[<p>[...] way I have called that charade a fraud. I have specifically applied that term to the Granite structure that Northern Rock used, but in so [...]</p>
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		<title>By: Roger</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-263711</link>
		<dc:creator>Roger</dc:creator>
		<pubDate>Sun, 11 Nov 2007 11:30:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-263711</guid>
		<description>Richard, 

What is factually incorrect is to state that Northern Rock was brought down by SIVs. Had you made the same point about IKB I would have agreed, but Northern Rock's position was very different. 

The differences between SIVs and securitisation vehicles like Granite are considerable and you should not confuse them. 

SIVs sit off balance sheet. I agree that this is a fiction, since the sponsoring banks usually provide liquidity guarantees which means that the risk never leaves the balance sheet of the bank. Public information on SIVs is available but you have to know where to look. 

SIVs usually hold long term assets which they fund short term. That is why they rapidly ran into liquidity problems in the crisis. 

Securitisation vehicles like Granite are different. They often sit on balance sheet with matched funding and usually are a genuine risk transfer. The SPV is required to ring fence a pool of assets against which the funding is secured. There is nothing sinister about this. 

Funding via a securitisation is cheaper than unsecured borrowing (on a like for like duration) because it is secured on a segregated pool of assets (i.e. prime mortgages for Granite), and is not exposed to the banks other riskier activities (e.g. trading). Securitisations are also used by many non-financial companies (e.g. receivables factoring is very similar). 

Northern Rock failed because it used too much short term (on balance sheet) funding. Had it used more longer term funding, including securitisations, it might still be in business today. Far from being a fraud, Northern Rock was a good old fashioned run on a bank with the bank unable to meet its liabilities (to depositors and other short term lenders) because too many of its assets were illiquid and long-term.</description>
		<content:encoded><![CDATA[<p>Richard, </p>
<p>What is factually incorrect is to state that Northern Rock was brought down by SIVs. Had you made the same point about IKB I would have agreed, but Northern Rock&#8217;s position was very different. </p>
<p>The differences between SIVs and securitisation vehicles like Granite are considerable and you should not confuse them. </p>
<p>SIVs sit off balance sheet. I agree that this is a fiction, since the sponsoring banks usually provide liquidity guarantees which means that the risk never leaves the balance sheet of the bank. Public information on SIVs is available but you have to know where to look. </p>
<p>SIVs usually hold long term assets which they fund short term. That is why they rapidly ran into liquidity problems in the crisis. </p>
<p>Securitisation vehicles like Granite are different. They often sit on balance sheet with matched funding and usually are a genuine risk transfer. The SPV is required to ring fence a pool of assets against which the funding is secured. There is nothing sinister about this. </p>
<p>Funding via a securitisation is cheaper than unsecured borrowing (on a like for like duration) because it is secured on a segregated pool of assets (i.e. prime mortgages for Granite), and is not exposed to the banks other riskier activities (e.g. trading). Securitisations are also used by many non-financial companies (e.g. receivables factoring is very similar). </p>
<p>Northern Rock failed because it used too much short term (on balance sheet) funding. Had it used more longer term funding, including securitisations, it might still be in business today. Far from being a fraud, Northern Rock was a good old fashioned run on a bank with the bank unable to meet its liabilities (to depositors and other short term lenders) because too many of its assets were illiquid and long-term.</p>
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		<title>By: Tax Research LLP</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-258291</link>
		<dc:creator>Tax Research LLP</dc:creator>
		<pubDate>Thu, 08 Nov 2007 13:15:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-258291</guid>
		<description>Let me be clear: fraud does not necessarily mean criminality. It means misrepresentation made for gain. In my opinion the Granite structure was a misrepresentation of the nature of the economic transactions that were really taking place. That can also be called a sham, which is a description of a pretence. The result was Granite secured a lower cost of financing than Northern Rock could have done. So we're back to the definition of a fraud.

That is my honestly held opinion - based upon objective evidence. Please tell me what is wrong with that? More than that, tell me what is factually wrong with the suggestion made.</description>
		<content:encoded><![CDATA[<p>Let me be clear: fraud does not necessarily mean criminality. It means misrepresentation made for gain. In my opinion the Granite structure was a misrepresentation of the nature of the economic transactions that were really taking place. That can also be called a sham, which is a description of a pretence. The result was Granite secured a lower cost of financing than Northern Rock could have done. So we&#8217;re back to the definition of a fraud.</p>
<p>That is my honestly held opinion - based upon objective evidence. Please tell me what is wrong with that? More than that, tell me what is factually wrong with the suggestion made.</p>
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		<title>By: alastair</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-258273</link>
		<dc:creator>alastair</dc:creator>
		<pubDate>Thu, 08 Nov 2007 13:03:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-258273</guid>
		<description>"And let’s be clear. This fraud did allow Northern Rock to issue debt in a prejudicial way. Granite had a AAA rating, Northern Rock had a much lower status. So the SPV dumped a known problem in Northern Rock onto the market, and all through use of a sham."

You should take more care Richard - publishing untruths like these can have unfortunate consequences.</description>
		<content:encoded><![CDATA[<p>&#8220;And let’s be clear. This fraud did allow Northern Rock to issue debt in a prejudicial way. Granite had a AAA rating, Northern Rock had a much lower status. So the SPV dumped a known problem in Northern Rock onto the market, and all through use of a sham.&#8221;</p>
<p>You should take more care Richard - publishing untruths like these can have unfortunate consequences.</p>
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		<title>By: Tax Research LLP</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-258001</link>
		<dc:creator>Tax Research LLP</dc:creator>
		<pubDate>Thu, 08 Nov 2007 09:35:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-258001</guid>
		<description>Alasatair

My problem is simple - the Northern Rock SPVs and all SIVs are works of fiction. It so happened that Northern Rock kept its SPVs on balance sheet. Others are off balance sheet, but the structure of both are similar. The structure is designd to suggest the SIV is beyond the control of the companies promoting them, which is not true. They claim to be owned by trusts with charitable intent - which are always a sham. 

My concern is simple - because these structues are a sham they create an acceptance of a lack of accountability and transparency, which is what they are promoted for. As such they undermine the credibility of the whole reporting process of financial institutions that use them and promote the whole idea that deceit and non-disclosure is acceptbale.

It is not.

My suggestion that those who think these structures acceptable were out of touch with reality is that amongst the non financial community the idea that people can pretend that structures owned by sham trusts do not need to account for what they do and can disappear from view is seen as fraudulent. But in the City it is seen as normal.

Down here in the Fens we agree with the idea that this is fraud. It is.

And let's be clear. This fraud did allow Northern Rock to issue debt in a prejudicial way. Granite had a AAA rating, Northern Rock had a much lower status. So the SPV dumped a known problem in Northern Rock onto the market, and all through use of a sham.

And society is now paying the cost.

How can you justify them in that case?

Richard</description>
		<content:encoded><![CDATA[<p>Alasatair</p>
<p>My problem is simple - the Northern Rock SPVs and all SIVs are works of fiction. It so happened that Northern Rock kept its SPVs on balance sheet. Others are off balance sheet, but the structure of both are similar. The structure is designd to suggest the SIV is beyond the control of the companies promoting them, which is not true. They claim to be owned by trusts with charitable intent - which are always a sham. </p>
<p>My concern is simple - because these structues are a sham they create an acceptance of a lack of accountability and transparency, which is what they are promoted for. As such they undermine the credibility of the whole reporting process of financial institutions that use them and promote the whole idea that deceit and non-disclosure is acceptbale.</p>
<p>It is not.</p>
<p>My suggestion that those who think these structures acceptable were out of touch with reality is that amongst the non financial community the idea that people can pretend that structures owned by sham trusts do not need to account for what they do and can disappear from view is seen as fraudulent. But in the City it is seen as normal.</p>
<p>Down here in the Fens we agree with the idea that this is fraud. It is.</p>
<p>And let&#8217;s be clear. This fraud did allow Northern Rock to issue debt in a prejudicial way. Granite had a AAA rating, Northern Rock had a much lower status. So the SPV dumped a known problem in Northern Rock onto the market, and all through use of a sham.</p>
<p>And society is now paying the cost.</p>
<p>How can you justify them in that case?</p>
<p>Richard</p>
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		<title>By: alastair</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-256755</link>
		<dc:creator>alastair</dc:creator>
		<pubDate>Wed, 07 Nov 2007 16:59:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-256755</guid>
		<description>OK Richard, but Roger is quite right - securitisation is common in the banking world - if you think there is something wrong with it then please do tell.  The off or on balance sheet argument is actually a red herring, to which confusion IFRS has added as it seeks to change the rules.  The Granite thing muddies the waters even more, but had nothing to do with Northern Rock's problems.  Bad management decisions and the timing of the credit crunch screwed up their liquidity, and it sounds like a regulatory cock up screwed up their rescue, and both things together, combined with the madnesss of crowds, caused the run on the bank.  The only link with SIVs is that the timing of the credit crunch scupperred their next securitisation.  In what way is this disconnected from reality?

BTW I think you will find that it is lawyers who exhibit arrogance!</description>
		<content:encoded><![CDATA[<p>OK Richard, but Roger is quite right - securitisation is common in the banking world - if you think there is something wrong with it then please do tell.  The off or on balance sheet argument is actually a red herring, to which confusion IFRS has added as it seeks to change the rules.  The Granite thing muddies the waters even more, but had nothing to do with Northern Rock&#8217;s problems.  Bad management decisions and the timing of the credit crunch screwed up their liquidity, and it sounds like a regulatory cock up screwed up their rescue, and both things together, combined with the madnesss of crowds, caused the run on the bank.  The only link with SIVs is that the timing of the credit crunch scupperred their next securitisation.  In what way is this disconnected from reality?</p>
<p>BTW I think you will find that it is lawyers who exhibit arrogance!</p>
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		<title>By: Tax Research LLP</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-256709</link>
		<dc:creator>Tax Research LLP</dc:creator>
		<pubDate>Wed, 07 Nov 2007 16:19:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-256709</guid>
		<description>I will post a reminder here to some who have sought to post here.

Anyone using this site is welcome to disagree with me - but if your comment is personal or abusive it will be deleted before being posted.

If you can't argue with facts, please do not bother to argue.</description>
		<content:encoded><![CDATA[<p>I will post a reminder here to some who have sought to post here.</p>
<p>Anyone using this site is welcome to disagree with me - but if your comment is personal or abusive it will be deleted before being posted.</p>
<p>If you can&#8217;t argue with facts, please do not bother to argue.</p>
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		<title>By: Tax Research LLP</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-256682</link>
		<dc:creator>Tax Research LLP</dc:creator>
		<pubDate>Wed, 07 Nov 2007 15:59:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-256682</guid>
		<description>Alastair

You bet I've agreed I'm wrong - often. Only a fool thinks he's right all the time.

But, equally I don't concede to keep people happy, especially when no evidence is offered to make me change my mind

Richard</description>
		<content:encoded><![CDATA[<p>Alastair</p>
<p>You bet I&#8217;ve agreed I&#8217;m wrong - often. Only a fool thinks he&#8217;s right all the time.</p>
<p>But, equally I don&#8217;t concede to keep people happy, especially when no evidence is offered to make me change my mind</p>
<p>Richard</p>
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		<title>By: alastair</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-256401</link>
		<dc:creator>alastair</dc:creator>
		<pubDate>Wed, 07 Nov 2007 11:48:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-256401</guid>
		<description>Richard, have you ever acknowledged that other people have a valid point of view?

re off balance sheet vehicles, you make an interesting point - perhaps you should have a conversation with a certain Gordon Brown about this - as he seems to love off balance sheet!</description>
		<content:encoded><![CDATA[<p>Richard, have you ever acknowledged that other people have a valid point of view?</p>
<p>re off balance sheet vehicles, you make an interesting point - perhaps you should have a conversation with a certain Gordon Brown about this - as he seems to love off balance sheet!</p>
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		<title>By: Tax Research LLP</title>
		<link>http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-255446</link>
		<dc:creator>Tax Research LLP</dc:creator>
		<pubDate>Tue, 06 Nov 2007 18:00:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxresearch.org.uk/Blog/2007/11/05/bring-out-your-sivs-before-its-too-late/#comment-255446</guid>
		<description>Roger

All you succeed in proving is a) the arrogance of bankers and b) how far you are removed from reality. 

Richard</description>
		<content:encoded><![CDATA[<p>Roger</p>
<p>All you succeed in proving is a) the arrogance of bankers and b) how far you are removed from reality. </p>
<p>Richard</p>
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