Basel III – Capital Requirements and Leverage Ratios

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Basel III – Capital Requirements and Leverage Ratios FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE AND COMMODITIES TRANSPORT TECHNOLOGY Basel III – Capital Requirements and Leverage Ratios Kenneth Gray Consultant Norton Rose LLP April 2011 AGENDA • Introduction to the Basel Accords • Definitions of Capital • Levels of Capital • Leverage Ratios • Implications for trade finance Introduction to Basel Accords Purpose • To harmonise capital adequacy regimes • By ensuring banks have sufficient capital to absorb losses from non-performing loans and other trading activities History – Basel I • Basel 1 (1988) • Capital ≥ 8% x Risk Weighted Assets (RWA) • Most loans had 100% risk weighting • Performance bonds/Standby LCs had a credit conversion factor (CCF) of 50% • Short-term self-liquidating contingent liabilities had a CCF of 10% • Superseded by Basel II (2004) History – Basel II • Came into force in EU in 2008 • Maintains basic 8% formula • Plus supervisory review process • Introduces more sophisticated risk-weighting calculations • Standardised Approach • Foundation and Advanced Internal Ratings Based Approaches • CCF for documentary LCs increased to 20% Weaknesses revealed by Financial Crisis • According to Basel Committee: – excessive on- and off-balance sheet leverage in banking sector – procyclical deleveraging had occurred – level and quality of capital base had been eroded – insufficient liquidity buffers – high interconnectedness of systemic institutions Basel III • Agreed in principle by G20 in September 2010 • Requirement for global and simultaneous implementation • Seoul announcement expressly acknowledged the specificities of trade finance • Texts published by BCBS in December 2010 • “A global regulatory framework for more resilient banks and banking systems” • “International Framework for liquidity risk measurement, standards and monitoring” Basel III - Timing • Commission to publish directive (CRD 4) by June 2011 • CRD 4 may be a consolidating directive/regulation • Member State governments may need to legislate thereafter • Phased introduction between 2013 and 2018 Basel III - Aims • Increase quantity, quality and transparency of capital • Harmonised definition of regulatory capital • Strengthen capital requirements for counterparty credit exposures • Introduce a backstop unweighted leverage ratio supplementary to Basel II • Addresses procyclicality • Introduces a global liquidity standard • Capital must be able to absorb losses if bank becomes non-viable What is Regulatory Capital? • Common Equity Tier 1 • Common shares, share premium, retained earnings, certain reserves, Additional Tier 1 • Equity reserves, non-controlling interests, certain capital market products • Tier 2 – Subordinated debt with over five years’ maturity • Coco bonds/bail-in bonds etc.., Minimum Levels of Capital 2011 2018 (Basel II) (Basel III fully implemented) Equity 2% 4.5% (but see later for additional requirements) Hybrid Tier 1 2% 1.5% Capital Tier 2 4% 2.0% Total 8% 8% Capital Buffers • Capital Conservation Buffer • 2.5% of common equity • To withstand future periods of stress • Restrictions on dividends, bonus payments, share buybacks if not met Capital Buffers • Countercyclical capital buffers • 2.5% of common equity • Implemented where there is excess growth in any state • Total minimum capital may be 13% • Of which 9.5% must be common equity Further Increases to Minimum Levels of Capital • The “Swiss Finish” increases minima to 19% • Of which 9% can be held by CoCos • FSA has suggested optimal levels of capital in the United Kingdom would be 15-20% • May be an additional charge for systemically important financial institutions Additional Equity – CoCos and Bail-In Bonds • CoCos • “Going Concern” contingent capital • Min $926bn to be issued in next decade* • Designed to contain financial stress • Contractual, not regulatory, conversion trigger point • May result in change of control • Difficult investment for certain institutions who can’t hold equity *Goldman Sachs estimate Additional Equity – CoCos and Bail-In Bonds • Bail-In Bonds • “Gone Concern” regulatory capital • Absorbs losses at point of non-viability • A regulatory resolution tool • High levels of discretion to regulators as to trigger point • To what should bail-ins apply? CoCos and Bail-In Bonds Issues • Pricing: – Rabobank bonds: 8.375% – Credit Suisse CoCos: 7.875% • When is the trigger point? – Capital, regulator or market-based? • Risk of contagion Non-Risk Based Leverage Ratio • Basic risk-weighting formula remains in place • In addition, beginning in 2013: • Tier 1 Capital ≥ 3% x {non risk-weighted assets* + off-balance sheet exposures} • *i.e. assume all the bank’s assets have a risk- weighting of 100% • Reduces the attraction of super-secured lending (export credits, covered bonds, trade finance) Liquidity • Liquidity Coverage Ratio • Net Stable Funding Ratio • LCR designed to establish a minimum of high level liquid resources sufficient to meet acute stress-testing lasting for a month • NSFR incentivises banks to fund illiquid assets with stable funding Effect of Basel III on Trade Finance • Does requirement for more capital necessarily lead to greater lending costs? • Modigliani Miller • Might lead to banks concentrating on core areas • Other less regulated entities might step in Effect of Basel III on Trade Finance • Trade Finance Specificities (ICC/ADB survey results) • Average maturity 155 Days • Less than 0.02% default rate • OBS transactions have a default rate of 0.005% • LGD of 40% Effect of Basel III on Trade Finance • Off balance sheet items (OBS), including documentary LCs), “are a source of potentially significant leverage” • CCF for certain OBS is increased to 100% • Risk charge for counterparty credit risk increases the cost of interbank dealing • Different rules for export credits Effect of Basel III on Trade Finance • Introduction of one year maturity floor • Average tenor = 115 days • Capital requirements are tripled • N.B. Several jurisdictions have indicated they will not implement this Effect of Basel III on Trade Finance • Risk weighting • A counterparty can have no better credit than its sovereign • Overall non-risk based leverage ratio Effect of Basel III on Trade Finance • Net Stable Funding Ratio • Incentivises banks to fund long term assets from stable sources • Monitoring tool to 2018 • All illiquid securities and loans over one year needs to be funded from prescribed stable sources • May make short term funding more attractive Our international practice Presentation 1 No individual who is a member, partner, shareholder, employee or consultant of, in or to any constituent part of Norton Rose Group (whether or not such individual is described as a “partner”) accepts or assumes responsibility, or has any liability, to any person in respect of this presentation. 2 Any reference to a partner means a member of Norton Rose LLP or Norton Rose Australia or a consultant or employee of Norton Rose LLP or one of its respective affiliates with equivalent standing and qualifications. 3 This presentation contains information confidential to Norton Rose Group. Copyright in the materials is owned by Norton Rose Group and the materials should not be copied or disclosed to any other person without the express authorisation of Norton Rose Group 4 This presentation is not intended to give legal advice and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. Readers must take specific legal advice on any particular matter which concerns them. If you require any advice or information, please speak to your usual contact at Norton Rose Group. FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE AND COMMODITIES TRANSPORT TECHNOLOGY .
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