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Basel Framework: March 2010
Basel Framework: March 2010
March 2010
NY2 668775
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Overview
On December 17, 2009, the BCBS announced far-reaching proposals for comment. The comment period is open until April 16, 2010. The new Basel framework (referred to as Basel III) responds to the comments and statements of the G20, as well as of policymakers and commentators, and their collective assessments regarding loopholes or weaknesses that may have contributed to the financial crisis.
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Background
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Recent events
Financial institution capital structures are still a work in progress The events which put stress on financial institution capital are well known
Bankruptcies: Lehman Brothers Forced Sales: Bear Stearns, Merrill Lynch Effective nationalism (AIG, FNMA, Freddie Mac) Significant Government Support/Equity Ownership Bank of America, Citigroup Goldman, JP Morgan, Morgan Stanley etc.
To date, financial institutions and regulators have reacted in a variety of ways: raising new and different types of capital, proposing still more new types of capital and legislative initiatives
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Brief history
Early 19th CenturyUnregulated wildcat banks carried upwards of 40% capital to meet withdrawals of circulating notes National Bank Act, Federal Reserve Act and Federal Deposit Insurance Act ultimately led to capital ratios of 5% to 8% 1981First regulatory numerical ratios of 5% to 6%not risk weighted 1983International Lending Supervision Act required regulatory capital ratios
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Basel II
Numerator is the same Denominator
Risk weights change Standardized approach Internal ratings-based approach for qualifying banks Model driven
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Enhancement of risk coverage through enhanced capital requirements for counterparty credit risk
Enhanced risk coverage will address issues that arise in connection with the use of derivatives, repos, and securities financing arrangements
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Hybrid Capital
The Basel III framework would (as noted) limit the types of hybrid instruments that would qualify as Tier 1 Capital.
Consistent with many of the ongoing CEBS proposals relating to hybrid Tier 1 eligibility criteria Responsive to the view that hybrid instruments did not provide sufficient loss absorbency during periods of financial stress Rating agencies also are re-evaluating hybrid securities
The current hybrid market may be affected by the uncertainty arising from Basel III proposals
S&P, for example, has stated that it will use Basel date (Dec 17, 2009) as demarcation line for grandfathering of hybrid ratings
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Contingent Capital
Basel III recommends that additional studies be undertaken that focus on contingent capital instruments In Europe, there are fewer tax impediments associated with the issuance of contingent capital instruments than in the United States, where additional discussion and analysis needs to be undertaken BCBS scheduled to discuss specific proposals at its July 2010 meeting
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Transparency
The framework will require disclosure of detailed capital information, including a reconciliation of all regulatory capital elements with the issuers audited financial statements. The framework also would require separate disclosure of all regulatory adjustments.
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Leverage ratio
The proposals focus on use of a leverage ratio as a supplementary measure to the Basel risk based capital framework. The ratio would require a minimum level of capital relative to total assets. The leverage ratio is intended to limit the overall leverage levels so that there is no non-risk based backstop based on gross exposure. Capital Measure: numerator of the leverage ratio (capital) would consist of only high quality capital that is generally consistent with the revised definition of Tier 1 capital set forth in the proposal. Total Exposure Measure: generally, the proposal indicates that the denominator of the leverage ratio (the total exposures) would be determined in accordance with applicable accounting rules.
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Liquidity Proposals
The liquidity proposals incorporate three principal elements
A liquidity coverage ratio A net stable funding ratio Monitoring tools
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Monitoring tools
The proposals discuss several monitoring tools that are intended to improve assessments of liquidity risk. The metrics address:
Contractual maturity mismatch; Funding concentration; Available unencumbered assets; and Market-related monitoring tools
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Timing
Consultation until April 16, 2010 Comprehensive impact assessment during the first half of 2010 Fully calibrated standards by the end of 2010 Implementation expected by the end of 2012
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Expected Outcomes
Will likely require banks to raise more capital
May be accomplished through asset sales May be accomplished through capital-raising fewer instruments will qualify as good Tier 1
Will likely increase the cost of capital for banks May affect economic growth May constrain dividend payments The deduction for deferred tax assets is unexpected The additional charges for various counterparty credit risks, when considered together with other pending regulatory changes relating to derivatives, will have the effect of increasing funding costs and reducing leverage
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