I’m told one member of the audience at yesterday’s meeting where Adair Turner spoke about the need to transform the accounting of banks asked:

whether a failed standard setter should be able to fail, given free market principles..?

A panellist from the right wing American Enterprise Institute said "good question" and:

it hasn’t failed financially but it has failed intellectually, so it should be allowed to fail.

and added:

It shows the problem of one uniform model when it is the wrong one

which rather reminds me of Voltaire who said:

It is dangerous to be right in matters where established men are wrong.

Not spoken in jest, I suspect.

 

Earlier this week I had an article on Forbes about the absurdity of bad debt less provisioning for banks under the rules of International Financial Reporting Standards established by the International Accounting Standards Board. I summarised all the arguments there: I won’t repeat them.

Yesterday Adair Tuner – Lord Turner, chair of the Financial services Authority – joined in the attack in a speech at the Institute of Chartered Accountants in England and Wales. The speech is here. It is, I admit, pretty technical. It’s also (rather refreshingly) highly competent. he asked the question:

So are banks different in ways relevant to accounting standards? In what ways, and what should we do about it?

His answer was they are, of course. As he noted:

Two aspects of bank accounting in particular could be relevant to the macro-prudential and macroeconomic concerns which make banks different.

  • First, the treatment of loan losses within the banking book, the way in which we capture, or fail to capture, present or future potential loan losses arising from credit default.
  • Second, the valuation approach in the trading book (and other items which are marked to market), the recognition of unrealised gains or losses in general, but in particular in more illiquid securities.

In both these areas, there is a strong case that the present accounting treatment contributes to the problem of procyclicality.

To out it another way, mark to market accounting rules when used by banks helped create the current crisis for the reasons I noted in Forbes. Or as he puts it:

On the banking book side, the current IASB accounting treatment requires banks to recognise the implications for potential loan losses of events which have already occurred, such as failures to make interest or principal payments; but also requires them only to recognise such known events, not to anticipate possible or probable future events. This necessarily implies that loan loss provisions will vary dramatically through the economic cycle, and means that in good years income will be declared which does not reflect the average future loan losses likely to arise from loans being put on the books.

As a result, this accounting treatment can contribute to a cycle of self-reinforcing responses which tends to exacerbate the volatility of credit extension and of the economic cycle, both on the way up and the way down.

At long last! Someone has said it. Actually, he said more than that. As he pointed out:

For the fundamental problem we face is that there are no definitive ‚Äòfacts’ about value – but that value in financial markets is contingent on specific circumstances and on the action of all other participants. For an individual bank selling slices of its individual portfolio in conditions where the actions of other banks can be considered as independent, mark-to-market accounting provides meaningful facts and a useful management discipline. But if all banks simultaneously try to sell all or a significant proportion of their assets, the facts become quite different.

Or to put it another way – those who built accounting rules on the basis of the efficient market hypothesis get those rules very, very wrong.

So he argues for a new form of accounting for bank losses:

Faced with that trade off between divergent aims, the FSA’s ideal preference would be to provide not one but two separate lines of account information on loan loss provisions.

  • The existing line, based as now, on the facts of already incurred credit impairment events.
  • And a separate line, based either on a formula, as in Spain, or on the judgements of management, challenged by regulators, and with the details, basis and rationale for that judgement extensively disclosed.

Which is am pretty damning indictment of what has gone before.

It’s also a damning indictment of the International Accounting Standards Board’s claim that the only people with interest in accounts are providers of capital. he is saying there is reason to provide data for many more reasons than that, and if that is all that is done disaster can follow – as it has.

Not a good day for the IASB. Or banks

But a good day for accountancy, maybe.

 

From the Guardian:

An era of high rolling at the Wall Street casino will shortly come to an end if Barack Obama gets his way. The US president has delivered his biggest broadside yet against the financial industry’s excesses and is proposing the strictest restrictions on banks’ activities for seven decades.

Key to his agenda is a new regulation dubbed the "Volcker rule", the pet project of Paul Volcker, the Federal Reserve boss of the 1980s. Volcker, known as "the tall man" in reference to his 6ft 7in height, is now an economic adviser to the White House. This rule forbids any bank holding deposits guaranteed by the government from operating hedge funds, private equity funds or from trading on its own book.

Alongside this, Obama is proposing an overall limit on the size of any individual bank – although the White House gave no details of this and it was immediately condemned as a "vague" headling-grabbing aspiration.

Those of us who have been calling for massive reform for a long time are entitled to say better late than never.

We’re entitled to be annoyed that there is still not going to be a revival of the Glass Steagall Act

But as my Green New Deal colleague Larry Elliott says today:

It has taken a year but Barack Obama has finally got it. Wall Street is to be cut down to size. The White House will take on big finance’s army of lobbyists. Banks stuffed full of US taxpayer dollars will be prevented from putting the economy at risk through reckless gambles.

So, make no mistake, this was a big moment. The argument every timid policy maker in Britain makes when confronted with the need for reform of the City is that there is no point in doing anything unless the Americans are on board.

Now, after what has clearly been a bloody internal battle within the Obama administration, they are. Everything that Obama said about Wall Street could have been said by Gordon Brown about the City. London needs an even stronger dose of the same medicine. Tim Geithner, the US Treasury secretary, who has been warning the president against taking too tough a line with Wall Street, looked a very unhappy man at yesterday’s press conference as the president effectively said he had been getting duff advice.

Instead, clobbered by falling opinion poll ratings and the loss of the Massachusetts Senate seat, Obama has turned to the veteran Paul Volcker, who has been calling for the same sort of tough action against the banks that was taken by Franklin Roosevelt with the 1933 Glass Steagall Act.

Make no mistake – the fight has only just begun. Bu as Larry also notes:

Obama appears to relish the challenge, noting that he would not allow Wall Street lobbyists to block "commonsense" reforms that would protect the economy and the American people from a repeat of the financial collapse of the past two and a half years. "So if these folks want a fight, it’s a fight I’m ready to have."

There’s no doubt Wall Street did not expect this. Nor London either, to where the contagion will rapidly spread, I suspect, to our benefit on this occasion.

Be sure this will be the making or breaking of Obama. And pretty much the rest of us as well.

 

Goldman Sachs slashes bonuses for top staff as it posts £8.3billion profits | Mail Online.

Goldman Sachs is to slash the size of the bonuses awarded to its top British bankers by hundreds of thousands of pounds, it emerged today.

This means that its 32,500 staff – more than 5,000 of them in London – will get an average $500,000 (£309,000) even after bonuses are trimmed.

TUC general secretary Brendan Barber said: ‘Goldman Sachs wants us to believe its bonuses are modest. But the truth is we have set up an international welfare state for super-rich bankers.”

Well said Brendan.

Note: I advise the TUC, but not on this issue

Jan 212010
 

Global Financial Integrity (GFI) launched its "G20 Transparency" campaign today, an international grassroots sign-on drive to collect 100,000 signatures on a petition calling for greater transparency in the global financial system.  The petition will be delivered to Canadian Prime Minister Stephen Harper prior to the G20 meeting in Toronto at the end of June.

The campaign kicked off with the debut of www.G20transparency.com, a Web site devoted to the campaign where supporters may read and sign the petition, which will be available in Arabic, Chinese, French, Russian and Spanish.  The Web site will also allow supporters to share the petition with others via peer-to-peer and social networking tools.

The petition states:

Research shows that each year $1 trillion in illicit money flows out of developing countries – roughly ten times the amount of official aid money that is received.  The World Bank and others have cited these estimates repeatedly.  Illicit money flows are facilitated by an opaque financial system comprised of tax havens and secrecy jurisdictions.  Illicit capital outflows greatly exacerbate poverty and lead to the deaths of millions of people.  Illicit financial flows constitute a human rights problem of huge proportions.

The world’s largest economies – the G20 nations – will meet in Toronto on June 26-27, 2010.  They have an unprecedented opportunity to institute changes that will create a transparent global financial system that is open, accountable, fair and beneficial for all.

GFI director Raymond Baker said:

We intend to send a clear and resounding message that the world wants G20 leadership to recognize that human rights and international financial integrity are intimately linked. 

Where poverty is pervasive, civil, political, and economic rights often go unrealized. Today, large outflows of illicit money – many times larger than all development assistance – greatly aggravate poverty and oppression in many developing countries.

Please do sign the petition.

 

From here – go and enjoy more.

 

There’s a lovely page on the States of Jersey Treasury Department website that says with regard to its new law allowing the establishment of foundations:

Foundations (Jersey) Law 200-

Advice for Jersey residents considering registering a ‘Foundation’

It is advisable that, if a Jersey resident is considering registering a Foundation or has any interest in a Foundation he or she should provide the Income Tax Office with full details as to the reason(s) for doing so and the purpose of the Foundation and seek pre-clearance from the Comptroller before going ahead.

Failure to do so will lead the Comptroller to take the view that creating a Foundation has as one of the purposes, or the main purpose, the avoidance of Jersey tax.

The Comptroller will counteract such avoidance under the provisions of Article 134A of the Income Tax (Jersey) Law 1961.

Comptroller of Taxes

12 December 2009

So now we have incontrovertible proof: Jersey has deliberately created a structure for the use of those not resident in its jurisdiction which it knows has the sole or main purpose of tax avoidance (at best) which they consider best tackled by use of a General Anti-Avoidance Principle (for that is what their section 134A is).

If you wanted proof that everything I and others have said here over many years is true – here it is.

This proves Jersey is, without doubt, a secrecy jurisdiction. Secrecy jurisdictions are places that intentionally create regulation for the primary benefit and use of those not resident in their geographical domain. That regulation is designed to undermine the legislation or regulation of another jurisdiction. To facilitate its use secrecy jurisdictions also create a deliberate, legally backed veil of secrecy that ensures that those from outside the jurisdiction making use of its regulation cannot be identified to be doing so.

How can any place claim to be internationally cooperative or compliant on tax when this is what they knowingly, deliberately and wilfully do?

Note the phrase 200- simply means the final date on which the law is to be approved by the UK’s Privy Council on behalf of the Queen has yet to be advised.

About time

 Banking  Comments Off
Jan 212010
 

FT.com / Companies / Banks – Obama to put limits on bank trading.

Obama’s getting it, at last:

President Barack Obama is set to toughen his approach to Wall Street regulation on Thursday, announcing limits on the size of proprietary trading operations .

“A couple of months ago the president began discussing with his economic team the need to include in financial reform more specific and stronger provisions to limit the size and scope of financial institutions to cut down on excessive risk taking,” said an administration official on Wednesday.

“The proposal will include size and complexity limits specifically on proprietary trading and the White House will work closely with [the House of Representatives] and Senate to work this into legislation moving on the Hill.”

The announcement is likely to stop short of the return to a forced separation between riskier investment banking and the utility functions of retail and commercial banking that was enshrined in the Glass-Steagall Act.

(Sorry, long quote, public interest defence)

It was time Obama acted.

It’s shame he had to lose a seat in the Senate before doing so.

And even now a failure to restore Glass-Stegall is a mistake.

But the need to stop ‘socially useless’ banking whose sole purpose is to steal funds from the rest of us – by siphoning off our pension funds, savings and tax revenues – is vital.

So better late than never.

And now the same in the UK please.

 

FT.com / Financials – UK chief executives’ pay hit by cost cuts.

The FT has reported:

The base salaries of chief executives of the UK’s largest companies rose more slowly than average pay last year for the first time in a decade as tougher economic conditions forced boardroom restraint, a study by PwC has revealed.

One in six chief executives of FTSE 100 and FTSE 250 companies also received no bonus in a sign that boards are linking executive pay more closely to performance.

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