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RBNZ sets out to ensure shareholders and creditors absorb cost of any bank failure not taxpayers

Posted in News

By Gareth Vaughan

The country's smallest trading banks TSB Bank and SBS Bank, plus Building Society Holdings and PSIS should they achieve their ambition of becoming banks, will have to meet the costs of implementing the Reserve Bank's blueprint for dealing with bank failures, alongside the big banks.

The central bank's consultation paper on Pre-positioning for Open Bank Resolution (OBR) suggests all locally incorporated banks with retail funding of more than NZ$1 billion be required to pre-position. That includes what the Reserve Bank defines as systemically important banks which are those whose New Zealand liabilities - net of amounts due to related parties - exceed NZ$15 billion such as ANZ, ASB, BNZ and Westpac, plus state owned Kiwibank, TSB and SBS given all three have retail funding of more than NZ$1 billion each.

And should Building Society Holdings - the combined Marac Finance, CBS Canterbury and Southern Cross Building Society and co-operative PSIS secure their sought after banking licences from the Reserve Bank, they too would be required to partake in OBR pre-positioning given they both also have retail deposits of more than NZ$1 billion.

Other financial institutions that don't have retail funding of more than NZ$1 billion can decide to be OBR-capable despite the absence of a regulatory requirement to be, the Reserve Bank says. Open bank resolution plans are often called 'living wills' overseas.

An open bank resolution is an option whereby the bank is open for business on the next business day after its temporary closure following an insolvency event or an event that triggered putting it under statutory management, and is able to provide customers with full or partial access to their accounts and other bank services.

The key feature of the OBR is that creditors are able to access a portion of their funds immediately after the bank fails and is placed in statutory management. The bank can then quickly reopen with the unfrozen or accessible portion of funds guaranteed by government to avert a further run by creditors. Additional funds can be unfrozen at later dates as the final losses are determined.

The Reserve Bank says the OBR policy is intended to act as a resolution tool that dumps the cost of bank failure primarily onto a bank's shareholders and creditors rather than taxpayers, thus minimising moral hazard and providing a continuity of core banking services. The policy, previously known as Bank Creditor Recapitalisation, was developed after a review of the central bank's crisis management policies and instruments following the 1997 Asian financial crisis.

The Reserve Bank says its outsourcing, local incorporation and governance policies were all designed to facilitate the implementation of OBR. Now, the pre-positioning of banks' internal systems represents the next stage in the process.

"While OBR is simple in concept, it is not trivial to execute in a technical sense," the central bank's consultation paper says. "The Reserve Bank is conscious of the cost of installing and maintaining the necessary systems and procedures that would make the choice of OBR in a crisis situation a practical option. Thus, the Bank focuses on a core set of outcomes as a minimum requirement."

What the banks need to 'pre-position'

It says pre-positioning is necessary for OBR to be a practical option. Its broad expectations from OBR pre-positioning are for banks to have systems and processes in place, that in the event of failure, would enable the following to be carried out:

• freeze accounts and process pending payments;

• prevent customers’ access to their accounts;

• determine customers’ account balances, on a per account basis, according to specified rules and as of a cut-off time;

• apply haircut as directed by the statutory manager, with the de minimis option (see more on this below) if required, within a time frame of 24 hours or less;

• apply guarantees as directed by the Statutory Manager;

• resume customers’ access to their transaction and other accounts (including debit and credit cards, and accounts in overdraft) the day following closure; and

• reinstate access by the customer to part or all of their frozen balance, as directed.

The Reserve Bank says it expects banks to be fully pre-positioned by late 2012. It has set a deadline of June 30 for responses to its consultation paper and will then expect detailed implementation plans from banks by September 30.

Moody's warning & haircuts for creditors and depositors

International credit rating agency Moody's Investors Service warned last week the Reserve Bank's pre-positioning push could heap more pressure on the all ready under review Aa2 long-term bank deposit ratings it has on ANZ New Zealand, ASB Bank, Bank of New Zealand (BNZ), and Westpac New Zealand.

Meanwhile, the central bank says the key to the OBR policy is to impose a haircut on all unsecured liabilities but pre-positioning is needed for only the most time critical liabilities - such as transaction, savings and other retail accounts like term deposits and small business accounts - to allow the bank to be re-opened quickly.

Setting the size of the haircut would mean a quick assessment was made of the current value of a bank's assets, plus setting an allowance for prospective losses and other expenses. A substantial buffer would be added, the Reserve Bank says, due to uncertainty about the value of the failed bank's assets.

The haircut could be based on what the central bank refers to as the de minimis threshold, which would be a set value of retail depositors' funds. Only deposits above this value would be subject to the haircut. Any threshold value would be established by the government. The haircut could also be expressed as a percentage of each account in positive balance at the failed bank, rather than as an absolute amount. Creditors would potentially bear full loss up to the haircut value.

The central bank's consultation on pre-positioning for OBR comes after Finance Minister Bill English said on March 11 the government was considering options for maintaining confidence in the financial system when the extended Crown retail deposit guarantee scheme expires at the end of 2011. Protecting just NZ$2 billion of the NZ$210 billion New Zealanders have on deposit, the extended guarantee scheme won't be pushed out further. The only companies party to it are Building Society Holdings, Fisher & Paykel Finance, the Wairarapa Building Society, and PGG Wrightson Finance.

The Government is considering a number of permanent options to manage any future financial market difficulties, English added. These options include OBR.

“This option has been available to the Reserve Bank for a number of years," said English. "This next stage is about engaging with the banks to ensure it could be implemented effectively if required."

Treasury is working on the appropriate form for any government guarantees required to support the on-going operations or any institution subject to the OBR policy.

Lesson from the GFC

Meanwhile, the Reserve Bank points out one of the key lessons from the global financial crisis is the potentially enormous costs associated with supporting troubled banks.

"Some governments that chose to guarantee their banking system's liabilities are now faced with a sizeable public debt burden. The alternative is to make bank shareholders and creditors shoulder the losses of a failing bank whilst ensuring that the payments system continues to function."

"A solution is sought that solves the urgent liquidity problems associated with a bank failure, but does not force all of the losses to be borne by the government."

* This article was first published in our email for paid subscribers this morning. See here for more details and to subscribe.

We welcome your help to improve our coverage of this issue. Any examples or experiences to relate? Any links to other news, data or research to shed more light on this? Any insight or views on what might happen next or what should happen next? Any errors to correct?

We welcome your comments below. If you are not already registered, please register to comment in the box on the right or click on the "'Register" link at the bottom of the comments. Remember we welcome robust, respectful and insightful debate. We don't welcome abusive or defamatory comments and will de-register those repeatedly making these comments.

22 Comments

Great so instead of losing

Great so instead of losing 100% of my deposit in a bank failure, I only lose the 90%. Is that supposed to make us feel better?

The Reserve Bank says the OBR policy is intended to act as a resolution tool that dumps the cost of bank failure primarily onto a bank's shareholders and creditors rather than taxpayers.

As someone pointed out last time this was discussed, anyone with a deposit is a creditor.

Meanwhile, the central bank says the key to the OBR policy is to impose a haircut on all unsecured liabilities

Perhaps a naive question Gareth, but what liabilities does a bank have that are secured? That will let us retail depositors know how far down the food chain we are. 

It looks to me like this is heading toward allowing everyone to lose their savings, but allow the banks to continue for transactions. This I guess will allow people to continue to get wages or salary paid, and for their mortgage payments still to be honoured.

 

It gets even better when

It gets even better when banks can dump their mortgages as "mortgage backed securities" so the banks don't get burdened with the problem when the housing market goes fut...

Wow scarfie you really know

Wow scarfie you really know how to call it...  I think just about everyone would prefer to get 90% if 100% is unavailable...  maybe you bank and the bank of mattress perhaps?

Yes, all depositors are unsecured creditors unless the depositors have specific secured rights...

The purpose of the policy is to allow a bank to continue to trade, which will give it a much better chance of surviving as opposed to calling in the receivers and in effect shutting it down.

A bank failure is a terrible thing; but at least this policy is a step in trying to ensure that depositors are protected as much as possible.

 

 

Maybe I didn't make my point

Maybe I didn't make my point very well. I wasn't talking about keeping 90%, but losing 90% instead of 100%. Fractional reserve banking is the issue with every dollar deposted loaned out 9 times. 

If it was gold backed the banks wouldn't have a problem would they, so why carry on playing this silly games and get back to it.

Do not fear! The 90% that

Do not fear! The 90% that goes "missing" (more like stolen) can easily be replaced by the taxes deducted from your wages! Otherwise know as the retail deposit guarantee scheme! Scroll down to 2.13 for all the info!!

Check out the Postbank

Check out the Postbank website, they guarantee all their deposits which in effect means your money is backed by the assets of the New Zealand Post Office. For now at least anyway, I would imagine they could change that policy very quickly should the circumstances arise.

Scarfie, You give me hope

Scarfie,

You give me hope that we wont be run over like a speed bump by this predatory aggressive financial invasion.

Lets get this right. We the non-insiders bust our arse working to be allocated some of the private debt with interest attached that our parliament condones to circulate as our money supply. We put it in a bank for safe keeping until we might need or choose to carry out a trade transaction oneday. What we accumulate is called equity.

However we dont know that the banks have the power to keep issuing created credit with interest attached that is insolvent by design and leads to repayment crisis by mathematical certainty.

The private owners and orchestrators of this system of false pretence pay themselves massive remuneration whilst they are loading the system up with unsustainable credit origination, sell most of their shares to crystalise their profits before they know its about hit crisis.

Now they are saying if they are not allowed to insert another drip into another vein of the tax system they are now going to call a bank holiday and open their doors the next day after they have decided how much of the non-insiders equity they are going to delete off their computer accounts.

Seriously, please tell me we are just not that bloody vulnerable to having the piss taken are we?

We have a phoney parliament fill of phoney parties carrying out a phoney war fighting over every other pathetic thing than the one core most impacting area of monetary, banking and credit systems that unless changes nothing else can! All being covered by a phoney media fourth estate!

They all need to read the entire document I have compiled below;

http://publiccreditorbust.blog.com/2011/03/27/the-most-needed-document-in-racial-religious-and-political-understanding/ 

(Iain Parker – The above is an historical account of the dishonnest monetary, banking and credit system we have suffered. It contains past successful solutions used to combat private originated created credit issued with interest attached ponzi pyramid scams. Below is the most comprehensive solution I have yet seen taking into account modern advancements.)

Moving Forward with Practical Reform – from Positive Money

By Ben Dyson, on 14 December 10

Positive Money is a growing campaign for ‘Honest Money’, although I suspect that some readers on this blog may challenge our definition of honest money. I wanted to outline our position, and show why we’re taking a particular route towards reforming the money system.

We make a separation between the academic debate – which could go on indefinitely, with no chance of a consensus – and the politically feasible steps that could make a real improvement to the existing system. The academic debate is good, as it helps to refine our arguments and figure out how money should work in an ideal world. But if we wait to come to a consensus before moving forward with practical steps to reform the system, then we might find that Rome has already burnt to the ground while we’ve been locked in the debating chamber!

The economic situation is deteriorating, and we need to find the fastest way of stopping the entire system collapsing. While many proposals from the Austrian school would have been a better foundation for the economy over the last couple of centuries, some of them are politically impossible to reach from this starting point, so we have to look at what is politically possible and move towards that as quickly as possible. We’ve outlined our own proposals at the end of this article.

Nationalised vs Denationalised Currencies

The mindset of ‘managing’ the economy is so ingrained that quite simply, there is no possibility of any government in the next decade choosing to give up its power over the country’s currency. No chance, regardless of how strong an academic argument is put forward. Without a pretty advanced understanding of money, the proposal for denationalisation, when filtered through the press, will sound like “Let’s abolish pound sterling and give the banks that caused the crisis a license to print money”. You and I know that this is inaccurate, but it is the way that the proposal will be interpreted.

This means we’re looking at a state-issued currency for the foreseeable future.

Full Reserves versus Free Banking

The free banking argument suggests that we should allow banks to engage in fractional reserve banking, but let them live and die by the sword. This means that they could promise instant access to demand deposits (as they do now) even though they can only repay a fraction of those depositors at the same time. Deposit insurance would be removed, and any bank that was subject to a run and became insolvent would be allowed to fail.

In the context of a state-issued national currency, this proposal is an absolute non-starter. When the average bank can only repay £71 for every £1000 in a customer’s bank account, removing deposit insurance today would almost certainly trigger a run on the banks, with customers withdrawing as much physical cash (notes) as possible. With the risk of the UK returning to a cash-only economy in a matter of days, deposit insurance would be immediately re-instated.

Consequently, with a state-issued currency, fractional reserve banking can only exist with deposit insurance in place. In other words, there is no way of removing deposit insurance and keeping fractional reserve banking, as long as we have a state-issued currency.

This then means that full-reserve banking is the only realistic option with a state-issued currency. As denationalisation is a political impossibility – at least for the next decade or two – this means that if you want deposit insurance removing, full-reserve banking is the only option.

Return to a Gold Standard?

A gold standard with state-issued currencies creates problems of its own, and shifting back to a gold standard now is not considered as a credible solution to the crisis among the people who would make such a decision. One advantage of a gold standard was to limit the growth in the money supply, but there are legal and practical ways that we can limit that growth with a fiat currency system.

So let’s assume that there’s no political chance of returning to a gold standard.

Fixed Money Supply?

With full-reserve banking, it’s entirely possible to have a state-issued fiat currency, in the form of coins, paper notes and digital ‘tokens’ in computer systems, and fix the supply of money at a specific number (when looking at money that can be accessed on demand). A fixed money supply would remove inflationary pressures, and likely lead to deflation (assuming that our productivity grows). It would also make manipulation of money impossible – there would be a set quantity, and that would never change. In a sense, this would be a more secure currency than gold!

So at this point, do we start to argue the case that deflation is not always a bad thing? No. The inflation debate is another one that will never be resolved. The dominant position seems to be that ‘low and stable’ inflation is the ideal target. In addition, central banks and governments are attached to the idea of ‘managing’ the economy, and would be unwilling to give up their tools to do so.

So, let’s accept that we won’t have a fixed money supply, and that there will still be some manipulation of the money supply. In this case, let’s get that manipulation out in the open.

Our Proposals

Bearing all that in mind, I think the proposal put forward in Positive Money’s submission to the Independent Commission on Banking is the best politically possible ‘next step’. This is what it does:

  1. Implement full-reserve banking so that deposit insurance and state guarantees can be withdrawn and banks can be allowed to fail
  2. Ties investment to real savings again
  3. Provides the economy with a stable money supply
  4. Keep the power to create money away from both profit-seeking bankers AND vote-seeking politicians
  5. Put the power to create money with an independent MPC, who are tasked with keeping inflation at zero (or whatever target they set, say 2%).
  6. We tie the creation of money into inflation, so that if inflation starts rising (beyond the target) then no new money can be created
  7. For the first time in history, there will be complete transparency and accountability over the creation of money, and we’ll be able to see exactly how much the money supply has been increased, and why. (There will of course need to be mechanisms to ensure the accountability of the Monetary Policy Committee).
  8. Note that under this framework, if the actions of the MPC correlate to instability in the economy, then you know exactly where to point the finger of blame, and can start arguing towards a fixed money supply.

It’s not perfect, but at the moment we genuinely think it’s politically the best solution that has a chance of being implemented. The academic debate over the best money system for the long term can continue, but right now the system is collapsing around us, so we need to call for a reform that is politically feasible.

Our Campaign

If these proposals do start to get attention then the lobbyists will swing into action. The only way to get around that is to make it something that masses of ordinary people will campaign on.

Understanding the denationalisation of money requires a fair bit of an understanding of money and also a bit of a mindset shift, so it’s not something that can be used to start a mass movement. So, here’s the angle that we’ll be taking:

  1. Everyone knows that only crooks and criminals print their own £5 or £10 notes
  2. The laws that make it illegal to print your own money have never been updated to take account of the fact that almost all money now is digital
  3. Because there’s no law against creating digital money, banks have been able to get away with creating up to ¬£200bn of this digital money each year
  4. In fact, we’ve now reached the situation where very nearly every pound in the economy was created by the banks, for their own benefit
  5. As a result, banks now have a complete monopoly on supplying money to the economy/society
  6. If we want money in order to live or do business, then we have to borrow it from the banks
  7. They benefit from this monopoly to the tune of tens of billions a year at our cost, and we all end up in ever-growing debt

People have an intuitive idea that counterfeiting is a criminal activity designed to somehow rip people off. I suspect they also have an intuitive sense that they’re being ripped off by the banks, particularly considering the bailouts, the tax rises, spending cuts and rising national debt. By tying the two together we can grow a massive public campaign to get control of the creation of pound sterling completely out of the hands of the banks and into a transparent process, where we know exactly who is creating money, and who to blame if things go wrong.
Getting to full reserve banking with a state-issued currency is a massive battle, but once we’ve got that far, the economy and the system generally should be stable enough to allow a more relaxed debate about how money should work.

Read the proposal at: [ http://www.positivemoney.org.uk/wp-content/uploads/2010/11/NEF-Southampton-Positive-Money-ICB-Submission.pdf

Iain A friendly reminder to

Iain

A friendly reminder to keep your comments short. Happy for you to post links back to your favourite pieces. Others do that too. But then to repost the whole things is a bit over the top.

Again - shortish and snappy

 

cheers

Bernard

A suggestion for

A suggestion for Bernard

Australia and NZ are the only two OECD countries without a long term retail bank deposit protection scheme. NZ depositors' money is largely with Australian owned banks here. There are changes coming - welcome or not e.g. OBR, covered bond funding - in Australia too. All retail depositors will need a more informed view of the safety of their deposits. This site has comparison tables for retail savers which is great for comparing % returns.  However the "letter" agency ratings do not provide a comparison of banks strengths and weaknesses. In NZ, quarterly bank information statements are mandatory and from time to time there is comment on them here.  Perhaps Bernard will consider publishing a layman's quarterly comparison review here? Failing that maybe someone can suggest links to where such comparisons might be had?

Yes....hmmmm....well maybe

Yes....hmmmm....well maybe the banks will face a harder time getting local deposits once the unwashed discover their savings have utterly no friggin protection from bank failure at all....my money is nowhere near a bank. Too risky. The banks are only protected by the property bubble and the bubble needs protection from the likes of "Humbug Heatley" and mob.

Is this why Bolly is moving with startling pace to get his OBR up and running....what has he spotted coming down the road.....!

 

Wolly, I think this is more a

Wolly, I think this is more a classic regulatory response to the last crisis, and what we saw at Northern Rock and the like, rather than anything Bollard & Co see coming. I certainly hope that's the case...

Actually - its the classic

Actually - its the classic regulatory response to the Asian Crisis - it just takes them so long to do anything that we have had at  least two other crises since.

Like all regulatory responses, it is too slow, to late, and attempts to solve the wrong problem.

 

It will not solve systemic failure - which is what we now face

Northern Rock....thanks for

Northern Rock....thanks for the reminder....lost a lot of what I had with them....then they took management fees out and it was greater!

:/

"see coming" uh no....the worst is yet to come IMHO....that was the kick off.....round two looks like its going to be 2011....kind of thought later.....2012 or 2013....mostly it depends on sorting the oil problem out ie libya so the price drops back to under $100....if it stays close to $120 then we will face plant IMHO....I guess 4 months or so

regards

 

Nice thought Gareth but time

Nice thought Gareth but time will show that Bollard is keeping bank finance risk secrets from us all.

The banks are so stuffed with bubble dependent assets that Bollard and Key are %^$##%^$ themselves in an effort to protect the bubbles.

I expect post November we will see what I predicted way back at the start of this farce about rebalancing the economy and all the 6 part strategy blather.....the govt will modify it's own immigration policy and move to double and then double again the number of immigrants in an effort to pork some fake growth on a property boom. Olly certainly expects this. It is a standard NZ govt approach to take this route. It will come with an orchestrated load of polished hand crafted BS as to why it is such a good idea.

 

The two links below are about

The two links below are about the European & Irish banks and the Irish (substitute with country of your choice) regulator's stellar job of 'protecting'… you guessed it, the banks!

http://whistleblowerirl.blogspot.com/

http://golemxiv-credo.blogspot.com/2011/03/intersting-week-ahead.html#comments

BANK FINANCIALS Here are some

BANK FINANCIALS
Here are some links if you decide you have the horsepower to look at your bank in detail yourself. I haven't found a ready made current comparison yet.
____________________________________________________
List of registered banks in New Zealand, regdate and credit rating
- http://www.rbnz.govt.nz/nzbanks/0091622.html
____________________________________________________
About general disclosure statements
http://www.rbnz.govt.nz/nzbanks/3359149.html - Reserve Bank of New Zealand, explanation of the financial disclosure requirements.
____________________________________________________
Web links to bank sites with general disclosure statements for some of the registered banks. There are generally 3 pieces of information accessible on each site
1. brief Key Information Summary;
2. General Disclosure Statement;

3. Supplemental Disclosure Statement.
______________________________________
ANZ - http://www.anz.co.nz/about-us/our-company/media-centre/investor-informat...
______________________________________
ASB - https://www.asb.co.nz/section176.aspx#from-banner=asb-reports-footer
Latest - 31/12/2010
______________________________________

BNZ - http://www.bnz.co.nz/about-us/governance/financials#GDS
Latest - 31/12/2010
______________________________________

Kiwibank - http://www.kiwibank.co.nz/about-us/legal-disclosure-docs.asp
______________________________________

National bank http://nationalbank.co.nz/about/
______________________________________

Rabobank - http://www.rabodirect.co.nz/legals/legal.aspx
______________________________________

SBS bank - http://www.sbs.net.nz/reports-and-documentation/ArchivedGDS.aspx

______________________________________
TSB bank http://www.tsbbank.co.nz/AboutUs/Financial.aspx


______________________________________
Westpac - http://www.westpac.co.nz/olcontent/olcontent.nsf/content/key+information...

Jethro, I have looked at

Jethro,

I have looked at westpac and TSB last year, and moved almost all my money to TSB. The primary reason was the ratio of tier 1capital at each of the main banks. Theoretically, that capital is cash and cash equivalents (government bonds, highly liquid and 'safe') and is there to pay out on demand. TSB had at the time about 17%,and all other main trading banks between 7-8%. Effectively, in a theoretical bank run, I would get about 17% of my deposited money out, instead of 7-8%. Now, with covered bonds being supposedly allowed up to a limit of 10% of a banks total mortgage book, that covered bond program would negate the very small tier 1 capital buffer anyway. In effect, once they are fully utilized by any of the nz banks, they have no capital at all in a potential increase of deposit withdrawals!

In a word, your money is not safe at all, and sadly, even the very conservative TSB Bank has slipped substantially to just over 13% of tier 1 capital in just one year, and has also publicly stated they may be interested in issuing covered bonds.
Save yourself some headache, find a new alternative to safely hold our wealth, good luck!

Good luck

Good luck indeed.....personally I dont see anything safer than a bank account....if for no other reason its fairly easy to figure out the risk....So to that end keeping money with the big four still seems more risky than TSB or Kiwibank....

regards

You repeat that frequently

You repeat that frequently steven....why....when the evidence overseas makes it clear a bank is not that safe when the foundation of the banks 'assets'...the mortgages...depend on the survival of a bubble! Did you not see the Simpsons episode where they had a run on the bank...funny as.

Granted for the average Joe with a few bucks saved, a bank is ok sort of...but when you get past that stage and into the big numbers...like way above the Govt guarantee point...then it's time to think again.

Wolly, where do you have your

Wolly, where do you have your loot? Is it all invested in copper or do you have some under the mattress?

Nah, I sold me copper a while

Nah, I sold me copper a while ago for a small gain...few hundred grand...now I'm just waiting for the market to spit the dummy and then it'll be equities time again..in the meantime using Gov G to maximum with loot split between entities on ultra short term so I can benefit from the lift in rates.

Expecting the higher rates to lead to yet higher rates and to drive down stocks to fair prices...pe ratios about 8....

Reading above its interesting

Reading above its interesting that though Kiwibank and TSB agency risk ratings are lower than the big Australian owned NZ banks they are judged less risky by some. 'Average Joe' retail depositor - i.e. the majority, has no current guarantee in place covering NZ retail bank deposits because none of the main banks signed up to it. Since the risk to their funds is going to be without a future government safety net and may be reduced by ring fenced covered bond assets the requirement for a clear bank risk comparison for retail deposits remains.