FT on Subdebt Writedowns

FT Alphaville continue to be unimpressed with the Irish government’s over-turning of the capital structure of the Irish banks: haircutting subdebt holders while protecting preference shares.

53 replies on “FT on Subdebt Writedowns”

@ FT Alphaville

who cares about sub debt? For Irish banks at least its a relic of the past. Both the current and previous governments decided that they’d protect the systemically important seniors, and use sub debt to be the sacrifical lamb. Equity wasn’t protected at the expense of sub debt, there was more than enough losses to burn through both. The Irish government tried to save everyone (depositors, seniors, sub and equity) and then had to get its hands dirty when that didn’t work. Equity has been for the most part wiped out either on a permanent basis (in AIB, Anglo, IRNW and EBS) or on a deeply diluted and mtm basis (BOI and IL&P). Sub had various opportunities to exit at 30-50%, if you’re still involved at this stage you’re either stupid, greedy or a specialist holder of it. No one’s gonna shed tears for the subbies.

These shares were issued as part of previous and inadequate cash calls by the banks, back when both they and the government were in denial about the true losses facing the system and the need to burn bondholders.

So the FT accepts that there was a need to burn bondholders at the time the preference shares were ‘bought’. But now it seems to think that the sub-debt that was saved by the preference shares, should rank before the preference shares.
We know Paddy is the brightest bulb on the stage but surely the FT doesn’t think he is that dim.

A little like asking somebody who stood between you and a nasty bullet, to hold that position for a few more years, so that you can continue to make money.

Any clever cowboy would have long since skidaddled.

@BEB
Despite our (long ago) previous discussions on creditor priority, take this as a simple question and nothing more….

If, as I understand you, you’re saying that it’s ok to upend the normal principles of creditor priorities and to burn subbies while equity remains intact – despite Alphaville’s pleadings – why would it not have been ok for the govt to invent another scheme to vary the creditor priorities earlier in the game?

@Eoin Bond
Agree no one is going to have much sympathy for the subbies but it still makes the quasi protection of equity strange.

@ Hugh

there was always two reasons to protect seniors:

1. the systemic issue.
2. the legal issue re depositors.

Secondly, preference shares were never a true “investment”, they were only created to keep the banking system capitalised whilst not wanting to nationalise it. In hindsight it was futile, but that doesn’t change the facts – the government did not ‘choose’ to invest in the preference shares, it felt it had no choice if it wanted to keep the banking system going.

Thirdly, actual equity has not been kept “intact”. It was wiped out in Anglo, INBS and EBS, it was margin-called and then diluted by 95% in AIB, and while it still nominally exists in BOI (post margin call, ie rights issue) and ILP, it will only be in a massively devalued and diluted form. Sub debt should have been wiped out given the extent of losses, but was at various times offered friendly exit routes, at losses that would have been significantly less than what equity faced. The capital structure has been messed about with, but losses have actually been, for the most part, distributed just as they should be.

@ DE

quasi is the operative word. Equity has taken fairly large scale losses. That it exists is a theoretical anomaly rather than a substantive protection.

@Eoin
“That it exists is a theoretical anomaly rather than a substantive protection.”

No it exists because the government(s) have decided that it should. Past bank recapitalization were organized in way to minimize the state’s shareholding and in the process maximizing the remaining equity holders.

We could have just gone the Anglo route nationalized in full and given the subbies a stake to retain a private share holding.

@Eoin
“Secondly, preference shares were never a true “investment”, they were only created to keep the banking system capitalised whilst not wanting to nationalise”

Isn’t this more evidence of the government attempting to protect equity?

@Eoin

“there was always two reasons to protect seniors:

1. the systemic issue.
2. the legal issue re depositors.”

Item 2 there was spin. There was a requirement not to favour one over the other in any winding up. There was absolutely no “legal issue” that would have prevented the depositors being compensated using funds that did not come from the winding up. It was a choice and it was spun as being forbidden by Irish Law.

Having done naff all for years, the argument now morphs to “but where would the funds the state uses to compensate the depositors come from?”

The government probably on advice, mislead the people in order to close off an option.

Item 1 is another argument (risk discipline is desirable), but if you look at the way the covereds issuance has gutted the seniority in bond portfolios even an objective observer would have to question the success of that market rigging strategy.

@ DE

i dont think they were trying to “protect equity” as much as “prevent nationalisation”. There is a stigma involved with the latter.

@ Grumpy

i’m pretty sure you could only have enforced that element of losses on seniors via a liquidation, rather than the direction orders being used against subbies. I’m also pretty sure no one anywhere in either the Irish government or the ECB or the EU or the IMF is particularly keen on going down the liquidation route.

IMHO the real problem is the drip drip nature of this. It’s been discussed for months and all of the inherent contradictions of burning one set of creditors while protecting more junior ones in the capital structure have been allowed to fester. Already the last sentence in Alphaville hints at senior debt restructuring, opening the door to more doubt and confusion.

Burning any bondholder is a reasonably big step, not because of the numbers involved, but because of the signals it sends to markets and potential negotiation counterparties. I hope our government have some follow ups to offset the potential negative consequences of this decision.

I hope I don’t sound critical BTW. I just believe that bold action and coordinated plans of action are considered now, before this situation is out of control and, given what is happening in Greece, it appears we are very close to a tipping point.

@ EB

“i dont think they were trying to “protect equity” as much as “prevent nationalisation”. There is a stigma involved with the latter.”

Interesting. Where on our list of current problems do you think you would place the stigma of a largely nationalised banking system?

Any thoughts these days on whether these nationalisation-avoidance-based policies were a mistake?

The guarantee of September 2008 and decisions flowing from it placed private bank bondholders in a queue to which they did not previously belong. Sovereign bondholders have been disadvantaged severely as a result. This is the real up-ending of creditor preference and the one that has done the lasting damage.

What happens to remaining subbies is a detail. It would clearly have simplified matters greatly if all bank equity had been wiped early on and there had been no government preference shares to jump the queue. If the Irish banks had been normal listed companies, would the stock exchange not have de-listed them long since, to avoid false markets in both equity and debt?

I think we’re getting to the stage where we’ll have to leave the events of late 2008 to the economic historians. But, in any event, whatever about Mr. Bond’s stigma fear, ‘nationalisation-avoidance-based’ policies were perhaps a useful ploy to force the banks to ‘fess-up’. Instead we got a huddling in denial until March of this year. Alphaville is correct in principle, but the outrage seems a bit confected. The real target should be the unforgiveable delay in tackling the banks’ insolvency. If this ‘going through a process of ‘partial’ liquidation and seeking to avoid the logical end-point by re-ordering creditor ranking’ had occurred in the last quarter of 2008, nobody would have batted an eye-lid. Doing it now, while most other EU non-peripheral banks are able to raise capital and funding in the normal way, is bound to raise some eyebrows – and might even have a knock-on effect on these banks’ funding activities.

@ Mr Bond

Slightly off point.

It looks as if senior guaranteed and unguaranteed bondholders in Irish banks, which have failed, have and will get their investments back whole.

I was wondering if, in the bond market itself, there is a resentment from bond buyers who made better decisions (say by playing safe, or spotting better opportunities), who now see that their solid portfolios have been outperformed by bond-buyers who should have taken a hit?

Are there voices within the bond market arguing that investments that go bad should make a loss, or what’s the point of being good at your job?

(Unless you make a complex Paul Quigley-esque argument, that bondholders in Irish banks have done an amazing job in getting the state to cough up and deserve what they get).

@Colm McCarthy
Read the denationalisation of Money by Hayek.

This debacle follows a long tradition of powerful actors using the guts of a acedemic paper as a weapon to be used in their interests.

“Opposition to new system from established bankers

This necessity of all banks to develop wholly new practices
will undoubtedly be the cause of strong opposition to the
abolition of the government monopoly. It is unlikely that most
of the older bankers, brought up in the prevailing routine of
banking, will be capable of coping with those problems. I am
certain that many of the present leaders of the profession will
not be able to conceive how it could possibly work and therefore
will describe the whole system as impracticable and impossible.

Especially in countries where competition among banks
has for generations been restricted by cartel arrangements,
usually tolerated and even encouraged by governments, the
older generation of bankers would probably be completely
unable even to imagine how the new system would operate and
therefore be practically unanimous in rejecting it. But this
foreseeable opposition of the established practitioners ought not
to deter us. I am also convinced that if a new generation of
young bankers were given the opportunity they would rapidly
develop techniques to make the new forms of banking not only
safe and profitable but also much more beneficial to the whole
community than the existing one.”

The advantage of the Euro is that it has at least disturbed the monopoly of corrupt bankers under the protection of the sovergin – however bankers with a closer relationship with the new Quasi / corporate CB have simply skimmed the cream.
I was struck yesterday when a financial journalist stated that he did not know the postion and safety of post office bonds – we now really have competing currencies withen the euro area – if you consider bonds are money.
Given the fact that Goverment money is limited to 3% /60% deficit at least until private money is threatened – it seems that sovereigns will be eaten alive as local elites move from their formal parasitical relationship with the state towards the new completly supranational CB.

@Eoin
“i dont think they were trying to “protect equity” as much as “prevent nationalisation”. There is a stigma involved with the latter.”
*titter* No stigma in having a banking system in a persistent vegetative state with a zombie sovereign attached?

The FT’s Lex today has a slightly different take from the Alphaville piece. No sympathy for subbies here and as to unguaranteed seniors: ‘It might be their turn next’.

@ Hogan/Karl

would nationalisation have actually solved anything? Doesn’t appear to have done much with Anglo even though we got our feet behind the head desk 3 months after the guarantee. Relatively sure i also didn’t suggest that non-nationalisation has left us any better off, simply that it was a rational plan which the previous government hoped would work, so titter away all you like.

@ Gavin

mixed feelings. Most feel that senior debt being protected was a fundamentally important step to regain confidence and stability in the financial markets post-Lehman, but that it should never have been pursued to the extent that it imperiled a previously safe sovereign. So, subsidy yes, default-transference no. And while some senior debt holders were undoubtedly lucky, others bought in on the original collapse on the basis that no advanced economy would ever let their banking sector go bust. Iceland aside, they have been proven correct, and to the victors go the spoils.

@Colm, we live in hope. I wonder whether we will see some token gesture there, at a stage when the amounts of money involved are so small that it will make absolutely no difference?

@Bond Eoin Bond

Bit of thread: Are Irish industrials (real economy) able to access bond market at the mo?

@ DoD

yep. Lot of US pension funds investing via whats called US Private Placement (USPP) market. These aren’t listed bonds, but are a fairly similar device for corporates that aren’t quite big enough to issue a proper bond.

“i dont think they were trying to “protect equity” as much as “prevent nationalisation”.

It is like the Maginot line and the nature of unintended consequences . As Colm Mc says the holders of sovs have been most badly hit but this extends to any Irish corporate trying to raise money on the markets. Everything has been contaminated.

If it was a play it could be a comedy about a man running affairs with 15 different women and promising the world to each and then his wife finds out.

Think about this. Sooner or later you go back to traditional long only buyers of Irish sov bonds. They are going to learn the lesson of Irish history and price them on the basis that erm, the last time they bought them they bought bonds that were in effect junior to unsecured senior corporate bonds issued by banks.

So should they yield less than unsecured bank debt or more at issue?

Has the cost of that been factored into the state’s estimates of the costs of its bank strategy, and taken into account in the “trade-offs”?

Apart from tax strategies and accounting policies, why would a future investor buy gilts in preference to senior bank debt?

@Bond Eoin Bond – I assume you accept that Senior bank bonds are now a competing money withen the Eurozone – much like Goverment bonds of old once a CB guarantees this paper – it becomes money.
Strange how a commercial bank liability can morph into a supranational rent isn’t it.
The ECB is now using Bank bonds to control inflation , much like tradional CBs use Goverment bonds.
Therefore mortgage payments are no longer paid to a private company in many ways but through a Governmental agency , although be it a international/ corporate one.
Truly shocking and yet Kevin O’ Rourke waits in Hope – hope for what?
Full blown Fascism !!!

@ Grumpy

you somewhat assume that we’ll have an independent indigenous banking sector going forward. I’m less sure of that. There is also resolution legislation in place now, if someone was actually willing to use it. The lack of such pre-crisis was one of the reasons that made it so difficult to enforce losses on even sub-debt up until recently.

@grumpy

We simply need to figure out how to dump €50 billion or so of vichy-banking system debt on the ECB before ESM cuts genuine sovereign bonds – pay back time for saving the ‘financial class’ in the core – and let the ECB ‘socialize it on the EZ banking system’ itself, not on the EU serfs. Simple! Otherwise a ward of ESM for a decade or so and a local wasteland.

Nothing to stop us starting today with Anglo/INBS – give 2_of_7 a moment’s notice. And the Greeks a break … and Lorenzo a financial seizure … might as well put Axel in the IMF as well while we are at it and win a few more friends in Washington (-;

@all

Speaking of IMF, in a purely personal European citizen-serf capacity, I decline to support Christine Lagarde for the position of head of the IMF.

@Colm McCarthy

“..If the Irish banks had been normal listed companies, would the stock exchange not have de-listed them long since, to avoid false markets in both equity and debt?..”

It must be remembered that the prevention on shorting of Irish bank shares was instigated 19th Sept 2008 following moves in the US and elsewhere. If memory servers this came following a review from the Regulators office after the Lehman’s collapse and saw Anglo’s share price rise c125% on the announcement.

One could argue that a false market has actually existed in the banks equity before the 29th Sept 2008 guarantee. If the market had been allowed to function normally no doubt the equity values would have been wiped possibly before 29th Sept but as ever Govt (through the ‘independent’ Regulators office) saw fit to obstruct the normal market functions and as a consequence this has no doubt ensured that the subsequent events were never likely to have been correctly analysed.

I have my doubts that the Stock Exchange would have moved to delist the banks in any event – rightly or wrongly – but the fact that the equity valuations were being artificially inflated for a number of days prior to the Guarantee gave all stakeholders a bum steer on the night of 29th Sept 2008. This surely elevates the notion of ‘unintended consequences’ to a new high.

@ David O’Donnell

“We simply need to figure out how to dump €50 billion or so of vichy-banking system debt on the ECB before ESM cuts genuine sovereign bonds – pay back time for saving the ‘financial class’ in the core.”

Yes, or once the ESM is in place, the ECB could get out its mighty +50 vorpal pen, and cut off that chunk of debt off at a single stroke, thus ensuring that all EZ taxpayers have been treated equally through the crisis.

@Colm McCarthy

The FT’s Lex today has a slightly different take from the Alphaville piece. No sympathy for subbies here and as to unguaranteed seniors: ‘It might be their turn next’.

Good.

And now would be a good time to do it. Madame Legarde would be in a difficult position to come out all guns blazing in favour of bondholders and that would leave the ECB with only one not completely convinced supporter (Germany).

@DoD

Christine is a corporate lawyer who doesn’t know much about economics.
She could be in FF.

@ Joseph/Colm

whats funny, aside from the internal FT disagreement over subdebt treatment, is that neither of them seem to ‘get’ whats going on with the Irish banks. Lex reckons that seniors could be haircut without even a passing acknowledgement of either (a) subbies getting a non-zero return and (b) the ECB quid pro quo on funding/liquidity being now concretley enshrined, while Alphaville reckons that prefs are real investments and that subbies have been hard done by despite the clear insolvent nature of the banks without the State involvement. It’s odd that a paper of the FT’s stature seems to miss most of the actual realities of the Irish situation.

How come that when any of the Rating Agencies come out with a negative view on Ireland the Posters on this site are falling over each other to join the chorus but when any Rating Agency issues one with any postive slant on Ireland not a blip from the same Posters. Note the positive sounds from Frank Gill of S&P yesterday.

@seafóid

Yes – have checked out her CV – and she has a bit of local ‘form’. IF she is appointed might I humbly suggest a cut of 0.5% on our corporate tax rate to coincide with her appointment.
p.s. she certainly was in Brian Lenihan’s … er … back pocket! and ours!

@Gavin

Is feidir leo! (-;

@ Seafoid/DoD

she actually headed up the law firm that the Ton Hanks film Philadelphia was based on, and which had unfortunate media exposure in recent years after a senior partner tried to force his secretary to pay him £4 for the tomato-ketchup-spill-induced dry cleaning bill…

@eoin,

That argument doesn’t just apply to Ireland.

@Yields

You are right in principle,. but what about the illegal Anglo share price scheme. Didn’t that serve to dupe the government bigtime? Why was the regulator only interested in making things difficult for people who thought Anglo shares were too expensive?

Its another example of market manipulation to suit vested interests with access to the levers of power – at the cost of everyone else.

Unless a message is sent out about this you can follow Eoin’s lead. It is guaranteed to be repeated – and you might be able to profit by aligning yourself with the market rigging tendency.

@grumpy

You are correct re the share scheme – however insofar as it was shares being bought at a price on the market its very difficult to argue that the price was right or wrong – who really knew what they were worth at that time ? – hindsight is fantastic in circumstances such as these.

The bigger issue regarding the scheme, it seems to me, is that the loan losses, because of the crazy loan agreements, are now being covered by the citizens.

I can remember all the Irish banks gladly lending money to normal Joe’s to invest in the Eircom floatation. The fact that the share price went wallop shortly afterwards didn’t cause too many to cry foul in relation to the loan losses suffered. Why? Because the ownership of the losses on such loans (and I know there were many) vested with the shareholders of the banks at the time – not the citizens. So its the owership of the losses rather than the underlying practice which I believe is causing the current outcry. Not suggesting that the practice is in any way acceptable but it happened before albeit on a significantly smaller scale.

The key difference with regards to the shorting prevention and the above was the fact that certain types of transactions were not allowed to occur i.e. the price could only ever be artifical following this intervention under the scheme we’ll never know.

Following on from Colm Mc and Paul Hunt, the key question is still what to do next, and to which creditors…

This isn’t a complete list, but it’d be at least interesting to discuss what we thought should happen now to the different creditors….again, not in 2008, but now.

1. Equity (normal equity)
2. Govt Equity
3. Unsecured sub debt
4. Unsecured unguaranteed senior debt
4a. type 4, already paid
5. Secured unguaranteed senior debt
5a. type 5, already paid
6. Guaranteed senior debt
6.a type 6, already paid
7. ECB
8. ICB
9. Depositors
10. Sovereign bondholders

I haven’t tried to sum all the numbers, nor do I have the legal background to know if this would be practical, but my thoughts would be like this…more or less. (this would all have to be done at an EU level)

1. Wiped out completely. 2. Dunno, to be honest. 3. wiped out completely

4. Paid out in proportion in a pseudo liquidation 4a. Levied to recover monies already paid that should not have been paid. 5. as 4 5a. as 4a

6. Paid out, but with some reduction mechanism, e.g. paid over 15 years with no interest. 6a. levied to equalise with type 6.
7. Something like 6.
8. ICB. Dunno.
9. Guaranteed up to 100k. Losses prorata above that. Levy to recover monies already paid above 100k.
10. Paid in full.

Now, I’ve speculated on things like this before and people have said that it’s not possible, but I’m repeating it so that my “cards are on the table”. Rather than continuing to speculate on what we should have done – something I’m guilty of myself – let’s at least speculate on what we could do next.

One other thing. In all the above, I am also of the belief that we’d have to move quickly towards a primary balance and not to dither.

@Eoin
“would nationalisation have actually solved anything?”
Eh, you may forget that I argued that nationalisation would put us in exactly the position we now appear to be in – liable for all the debts of the banks. The current position is worse in that we do not stand to benefit from any of the advantages of full ownership.

Your response to grumpy:
“you somewhat assume that we’ll have an independent indigenous banking sector going forward.”
is coming closer to my position as it has been since October 2008 – liquidate the banks. Take what losses are required, impose some and pony up for some, and move on.

Re Christine Lagarde

The FT did a piece on her on Saturday and in response to the point that she doesn’t have an economics background she said she is good at bringing people together. Charlie McCreevy would have been similar .

http://www.ft.com/cms/s/0/92b27f72-8890-11e0-afe1-00144feabdc0.html#ixzz1O2Pg512w

“The Economist this week also came out firmly against her nomination, accusing her of defending the indefensible as one of the architects of a clearly inadequate eurozone response to its debt crises. Sitting in her avant-garde office, Ms Lagarde calmly rebuts the criticism. “From what I know of the job, I think I can do it. One of the qualities that people recognise in me is my ability to reach out, to try to build a consensus, to bring people to the common interest while still being a very firm and no nonsense person.”

Martin Wolf is not impressed.

@Hugh Sheehy

Re you list: If it is meant to have a preferentail order you will need to revisit it.
In my humble opinion depositors are not at all as elevated as you think. Even the €100,000 would only come courtesy of a willing and capable State consequent to bankrupt banks.

What to do.

1. The first and most immediate issue should be to place depositors above all other parties including ECB/ICB. It should have been done three years ago, around the time Bertie was doing his lap of honour.

The ECB can hardly object to it. If the ECB did object it would make for the biggest bank run the world has even seen.

2. Ignore the ratings agencies. They only give us a exam result that we know we deserve.

3. Live within the means of teh citizens of the country.

It is simple when you think about it.

@ Gavin Costick

‘Are there voices within the bond market arguing that investments that go bad should make a loss, or what’s the point of being good at your job?

(Unless you make a complex Paul Quigley-esque argument, that bondholders in Irish banks have done an amazing job in getting the state to cough up and deserve what they get)’

Yes, but only if if one takes an entirely asocial and amoral view of ‘success’. The ‘winning’ investors are those who have correctly read the game, and at all the relevant levels. It’s not just a question of understanding markets, it also includes an awareness that market approaches will be abandoned, on grounds of expediency, from time to time. This is a similar concept to ‘reasons of state’, aka expediency.

The late Pierre Bourdieu is one of my favoruite sociologists. One of the ways that dominant groups operate, is that they continually alter the rules of the game. As he puts it, they ‘maintain their position by continually changing their stance’.

@ Paul quigley

“One of the ways that dominant groups operate, is that they continually alter the rules of the game. As he puts it, they ‘maintain their position by continually changing their stance’.”

Wall St is going to be underwater by the end of the century.

“the most compelling reason for reforming our system is that the system is in no one’s interest. It is a suicide machine.”

— Ronald Wright (A Short History of Progress)

@Paul Quigley

Pierre Bordieu must have been a perceptive individual.

The new liberals suddenly thought bail-outs were a great idea.
The great financial wizards despite mega billion losses suddenly became essential to the functioning of the real economy. McCreevy, ‘architect of the Irish miracle’ per the US State dept, is now a bank board member. The old communists within six months of the Berlin Wall going down had morphed into free liberal capitalists.

There was however one dominant theme. Self interest.

The tradegy is that we seem to accept the ideas promulgated by the dominant groups without even a modicum of serious questioning.

@ Paul Quigley

A very useful reply and in conjunction with Eoin Bond’s “and while some senior debt holders were undoubtedly lucky, others bought in on the original collapse on the basis that no advanced economy would ever let their banking sector go bust.”, gave food for thought on my morning stroll in from sunny Phibsboro.

Briefly.

(1) It may be that winners and losers are being created on quite large scales, who think that their winning and losing is a result of their own actions (confirmation bias), but are actually largely the accidental by-products of other groups winning and losing on higher scales.

(2) It might be worth articulating what a ‘winning’ scenario is for Ireland, the citizens of the Euro-zone, and the wider world. I don’t hear to much ‘vision’ in our current direction of travel. If all the world is a game then we need to know what a good result is.

(3) In return for your Pierre Bourdieu, may I offer you my favourite French thinker, the medievalist Georges Duby. He has a particularly fine short work on the life of William Marshall, who is known in these parts as the man who married Isabel, daughter of Strongbow and Aoife. He is particularly good on the social roots of Romance and Chivalry, in a way that seems similar to the thinking of Bourdieu.

@ Gavin

Thanks for that most interesting ref. Norbert Elias’s ‘The Civilising Process’ is probably germane.

I would perhaps reframe your question as ‘What is the purpose of our state ?’ That takes us into the whole history of state formation, on which Bourdieu had a lot to say. I suppose we are talking about power and ‘social magic’. Machiavelli was ahead of his time.

I don’t see, for example, how anyone can hope to understand the social function of central banking without referring to Weber’s work on bureaucracy. As the DoC knows well, there are all sorts of priesthoods, but they all behave in pretty similar ways

I think that MMT theorists are beginning to bridge the gap between economics and sociology. While I don’t want to go back to Paris 1968, discipliinary boundaries are real obstacle to strategic thinking. Steve Randy Waldman’s blog ‘Interfluidity’ has some high quality leads.

@Joseph Ryan
I suppose the list is in roughly my perceived order of “seniority”, but it’s not necessary to have it that way.

My only intention was to make a list and solicit recommendations per specific type of creditor. We seem to have many many long discussions but with a fairly low ratio of specificity per word.

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