Tuesday, November 24, 2009

SCMP:Objections to new rules on minibonds look flimsy

23 November 2009
Hong Kong's banks are preparing to fight back against new regulations proposed following the Lehman minibond fiasco.

But although the forces at their disposal are impressive, their tactical position looks weak.

Towards the end of September, the Securities and Futures Commission published its proposals for stricter rules to govern the sale of unlisted structured products to the investing public. Interested parties have until the end of next month to comment.

Most of the proposed rule changes look eminently sensible. For example, the SFC wants to tighten up advertising standards. It wants to ban banks from offering "free gifts" to their customers as inducements to invest. And it plans to force banks to let buyers know if the value of their investment subsequently plunges because of adverse market conditions.

That all sounds reasonable enough, as does the SFC's suggestion that banks should check to see if their customers understand the products they are buying.

But two of the SFC's proposals in particular have raised hackles among Hong Kong's smaller banks: that they should be required to disclose exactly how much commission they stand to earn from the sale of each product, and that they should grant customers a minimum "cooling off" period after buying an investment in which they can change their minds.

Although it is still early days for the consultation period, Hong Kong's banks are already pushing back against the proposed rule changes, complaining that they are unfair, overly complicated and too expensive to implement.

Resistance to commission disclosure is coming from three angles. First, some banks are complaining that full disclosure would enable investors to shop around for the best deal. That, they fear, could lead to unhealthy competition, with banks attempting to undercut each other in order to win business, which they say would erode profits and undermine the stability of the banking system.

The second argument against disclosure is that it would unfairly tilt the investment playing field against banks and in favour of insurance companies, which are under no such obligation to come clean about their own commissions.

The final objection to commission disclosure is that it is simply too difficult. Where banks both structure and sell investment products, the banks claim it is impossible to separate income attributable to the structuring process from value added by the sales force. As a result, they say, they can't disclose their earnings from product sales.

Similarly, the banking sector is raising two major objections to the proposal for a cooling-off period, which is designed to protect impressionable investors against high-pressure sales techniques.

First the banks say the proposal would introduce a perilous element of moral hazard into investment decisions by allowing customers to back out of purchases if the market moves against them or if they decide they can get a better offer elsewhere.

Second, the banks argue that if they buy structured products back from their clients, they will be forced to unwind their hedges in the underlying instruments, which in illiquid markets is likely to be both a lengthy and prohibitively expensive process.

On examination, these objections look unconvincing. On commission disclosure, it is ludicrous to argue that improved transparency could cause unhealthy competition. Heightened competition would only benefit the customer, which is a very healthy thing.

Similarly, complaints that requiring banks to disclose their fees and commissions would unfairly penalise them relative to insurance companies don't stand up. Insurers will face the same requirement under the government's new regulator for the sector.

And contrary to what the banks say, deciding what proportion of income is attributable to origination and what to sales is straightforward. Banks should already do it internally on their departmental profit and loss accounts. If they don't, it is simple enough to determine, based on the commissions paid to third-party distributors.

Objections to the proposed cooling-off period look equally flimsy. If they want to back out, investors will have to pay an administration fee, so there will be little question of moral hazard. And complaints about the difficulty of unwinding hedges are nonsense.

Any cooling-off period is only going to be a matter of days, so it is highly unlikely the banks would actually invest the money raised from a structured product offer until the cooling-off window had closed.

In reality, the banks are opposed to greater transparency because it would reveal internal conflicts of interest.

If a bank salesman were pushing one investment product particularly aggressively compared with another, customers would only have to check which one would pay the more lucrative commission rate to find out whether the salesman was acting in their interest or solely in his own.

And the banks object to the cooling-off period idea simply because they are afraid that on sober reflection without a salesman breathing down their neck, customers may change their minds about buying structured products like minibonds and demand their money back. That would force the banks to surrender their commission income, something they are extremely reluctant to do.

As a result, the banks are preparing to fight back, mobilising their forces to resist the proposed rule changes. Whether they succeed or not will say a great deal about the state of investor protection in Hong Kong.


Over reliance on ratings

Over reliance on rating is a major cause of the financial meldown.

Tax burden around the world

Read this article.

Denmark 48.3%
Sweden 47.1%
Belgium 44.3%
Italy 43.2%
France 43.1%

UK 35.7%
Japan 28.3%
USA 26.9%

Singapore - not listed, but way below 20% (not counting ARF, COE, ERP and costly HDB flats).

Level the playing field

Life is difficult for young people. Jobs are hard to find and wages are low. The cost of living is high, especially the cost of housing. If they have studied in university, they have to repay a hefty study loan.

If they come from a poor family, they start life with $0. If they have to borrow, they pay a high interest rate, that goes towards the large profit of the banks. Those who come from wealthy families do not have to face this burden, as they can get the starting funds from their parents.

I have been toying with the idea of giving every young person a good start in life. Each person should be allowed to get access to credit, up to a certain limit, from the state at a low rate of interest, say 2.5% per annum. The credit should be for specific purposes, such as to meet living expenses during unemployment, unexpected medical bills, marriage or childbirth expenses. This limit can be set at one or two years of the average annual earnings.

The access to this credit will avoid the need for people to borrow money from loan sharks and pay exorbitant interest. Borrowing from the banks at 2% per month is not cheap either. Someone said that it is loan sharking by another name.

There are risks of abuse, but they can be managed and prevented. The benefits can outweigh the risks. Such a credit facility should only be given to citizens. This will give a level playing field to the people from poor families.

Tan Kin Lian

Survey: EPL matches on Pay TV

What are your plans to watch EPL matches on Pay TV next year? Participate in this survey.

Here are the survey results.

Quality of service

Someone sent to me a letter written by a 86 year woman complaining about the impersonal treatment provided by her bank. The sender asked for my comments.

I visited London, Paris and Canterbury recently and observed that the quality of service is generally better than Singapore. The situation is rather bad in Singapore due to the following:

a) Strong emphasis on keeping cost low, leading to overworked and highly stressed staff
b) Employment of foreign workers who are not familiar with the local setting
c) Low wages leading to high turnover and lack of accumulated experience
d) Complaints by customers are generally ignored

This observation applies to the business sectors and to the public service. There are some examples of excellent service in Singapore, but they tend to be occasional rather than systemic.

I dislike the automated system adopted in most large organisations in Singapore. They waste a lot of time for customers and makes it difficult for the customer to speak to a person. It does not reduce the cost for the organisation, as most customers need to speak to a person anyway, rather than get the reply from the pre-programmed automated responses. The people who designed these automated systems do not think about the needs of the customers. They only want to introduce expensive technology to "look good".

The quality of service can only improve if there is general respect for the customer or the public. Sadly, this lack of respect is quite systemic in Singapore, due to the elitist culture promoted by our leaders.

Tan Kin Lian