Over the Cliff: from the Subprime to the Global Financial Crisis
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The Corporate Governance Lessons from the Financial Crisis
ISSN 1995-2864 Financial Market Trends © OECD 2009 Pre-publication version for Vol. 2009/1 The Corporate Governance Lessons from the Financial Crisis Grant Kirkpatrick * This report analyses the impact of failures and weaknesses in corporate governance on the financial crisis, including risk management systems and executive salaries. It concludes that the financial crisis can be to an important extent attributed to failures and weaknesses in corporate governance arrangements which did not serve their purpose to safeguard against excessive risk taking in a number of financial services companies. Accounting standards and regulatory requirements have also proved insufficient in some areas. Last but not least, remuneration systems have in a number of cases not been closely related to the strategy and risk appetite of the company and its longer term interests. The article also suggests that the importance of qualified board oversight and robust risk management is not limited to financial institutions. The remuneration of boards and senior management also remains a highly controversial issue in many OECD countries. The current turmoil suggests a need for the OECD to re-examine the adequacy of its corporate governance principles in these key areas. * This report is published on the responsibility of the OECD Steering Group on Corporate Governance which agreed the report on 11 February 2009. The Secretariat’s draft report was prepared for the Steering Group by Grant Kirkpatrick under the supervision of Mats Isaksson. FINANCIAL MARKET TRENDS – ISSN 1995-2864 - © OECD 2008 1 THE CORPORATE GOVERNANCE LESSONS FROM THE FINANCIAL CRISIS Main conclusions The financial crisis can This article concludes that the financial crisis can be to an be to an important important extent attributed to failures and weaknesses in corporate extent attributed to governance arrangements. -
Shadow Banking
Federal Reserve Bank of New York Staff Reports Shadow Banking Zoltan Pozsar Tobias Adrian Adam Ashcraft Hayley Boesky Staff Report No. 458 July 2010 Revised February 2012 FRBNY Staff REPORTS This paper presents preliminary findings and is being distributed to economists and other interested readers solely to stimulate discussion and elicit comments. The views expressed in this paper are those of the authors and are not necessar- ily reflective of views at the Federal Reserve Bank of New York or the Federal Reserve System. Any errors or omissions are the responsibility of the authors. Shadow Banking Zoltan Pozsar, Tobias Adrian, Adam Ashcraft, and Hayley Boesky Federal Reserve Bank of New York Staff Reports, no. 458 July 2010: revised February 2012 JEL classification: G20, G28, G01 Abstract The rapid growth of the market-based financial system since the mid-1980s changed the nature of financial intermediation. Within the market-based financial system, “shadow banks” have served a critical role. Shadow banks are financial intermediaries that con- duct maturity, credit, and liquidity transformation without explicit access to central bank liquidity or public sector credit guarantees. Examples of shadow banks include finance companies, asset-backed commercial paper (ABCP) conduits, structured investment vehicles (SIVs), credit hedge funds, money market mutual funds, securities lenders, limited-purpose finance companies (LPFCs), and the government-sponsored enterprises (GSEs). Our paper documents the institutional features of shadow banks, discusses their economic roles, and analyzes their relation to the traditional banking system. Our de- scription and taxonomy of shadow bank entities and shadow bank activities are accom- panied by “shadow banking maps” that schematically represent the funding flows of the shadow banking system. -
Lehman Brothers Inc. and Barclays Agree to End Litigation and Resolve Claims Wind-Down of Estate Continues
Lehman Brothers Inc. and Barclays Agree to End Litigation and Resolve Claims Wind-Down of Estate Continues New York, June 5, 2015 – James W. Giddens, Trustee for the liquidation of Lehman Brothers Inc. (LBI) under the Securities Investor Protection Act (SIPA), and Barclays Capital Inc. and Barclays Bank PLC today agreed to resolve certain claims and end all ongoing and potential litigation between them. The agreement is consistent with past orders and judgments entered in the litigation and is subject to approval by U.S. Bankruptcy Judge, the Honorable Shelley C. Chapman. “It has always been our duty to prudently and diligently pursue every avenue of recovery for assets we believe belong to the estate, and we did so on behalf of creditors by taking the Barclays litigation all the way to the Supreme Court,” Giddens said. “This agreement ends years of litigation and achieves the best result under the circumstances as winding-down and closing out the estate continues in earnest.” Barclays purchased Lehman’s brokerage business following a hearing in Bankruptcy Court that began on September 19, 2008. Immediately after the purchase, the Trustee set in motion the transfer to Barclays of more than 110,000 customer accounts representing more than $92 billion in customer property. At the same time, the Trustee and Barclays engaged in complex and lengthy litigation over certain disputed assets. The Trustee was successful in Bankruptcy Court after 34 days of trial in a case that presented complex and novel legal issues. Subsequently, various appeals court rulings sided with Barclays. The litigation is now concluded as part of this agreement. -
The Immediate and Lasting Impacts of the 2008 Economic Collapse—Lehman Brothers, General Motors, and the Secured Credit Markets
DO NOT DELETE 4/22/2011 11:28 AM THE IMMEDIATE AND LASTING IMPACTS OF THE 2008 ECONOMIC COLLAPSE—LEHMAN BROTHERS, GENERAL MOTORS, AND THE SECURED CREDIT MARKETS Edward J. Estrada * I. INTRODUCTION Following the economic meltdown that began in the spring of 2008, immediate and longer term ramifications began to ripple through all aspects of the economy. Clearly, these tremors have not yet subsided, and continued fallout will be felt in the coming years. Importantly, even those companies and industries that have seemingly passed through the most immediate wave of im- pacts will be susceptible to the ongoing struggle to achieve sus- tainable growth. Many such companies may experience future de- faults, largely dependent upon the strength and vitality of economic growth in the coming year and their industry perfor- mance in that timeframe. In 2008, as the financial giants of the world began to struggle and collapse, some in the course of a few days, it was widely be- lieved that the credit markets, and in turn the global economy, would completely seize up, causing an economic catastrophe un- paralleled in modern history.1 While tumultuous, what did in fact happen was something far less dramatic, but it had a lasting negative impact, nevertheless. As often happens in crises, some impacts were to be expected and other events were complete surprises. For example, the re- sulting flight from risk by investors (both corporate and individu- * Partner in the Commercial Restructuring and Bankruptcy Group of the New York office of Reed Smith LLP. The author would like to thank Aaron Bourke, an associate in the Commercial Restructuring and Bankruptcy Group of the New York office of Reed Smith LLP, for his contributions to the article. -
Five Years After Dodd-Frank: Unintended Consequences and Room for Improvement
University of Pennsylvania ScholarlyCommons Wharton Public Policy Initiative Issue Briefs Wharton Public Policy Initiative 12-2015 Five Years after Dodd-Frank: Unintended Consequences and Room for Improvement David A. Skeel University of Pennsylvania Law School, [email protected] Follow this and additional works at: https://repository.upenn.edu/pennwhartonppi Part of the Economic Policy Commons, and the Public Policy Commons Recommended Citation Skeel, David A., "Five Years after Dodd-Frank: Unintended Consequences and Room for Improvement" (2015). Wharton Public Policy Initiative Issue Briefs. 11. https://repository.upenn.edu/pennwhartonppi/11 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/pennwhartonppi/11 For more information, please contact [email protected]. Five Years after Dodd-Frank: Unintended Consequences and Room for Improvement Summary This brief offers a 5-year retrospective on Dodd-Frank, pointing out aspects of the legislation that would benefit from correction or amendment. Dodd-Frank has yielded several key surprises—in particular, the problematic extent to which the Federal Reserve has become the primary regulator of the financial industry. The author offers several recommendations including: clarification of the rules yb which strategically important financial institutions (SIFIs) are identified; overhauling the incentives offered to banks; instituting bankruptcy reforms that would discourage government bailouts; and easing regulatory burdens on smaller banks that are disproportionately -
How Does Monetary Policy Affect Shadow Bank Money Creation? I
How Does Monetary Policy Aect Shadow Bank Money Creation? ∗ Kairong Xiaoy June 17, 2016 Abstract This paper studies the impact of monetary policy on money creation of the shadow banking system. Using the U.S. money supply data over the past thirty years, I nd that shadow banks behave in the opposite way to commercial banks: shadow banks create more money exactly when the Fed tightens monetary policy to reduce money supply. Using a structural model of bank competition, I show that this phenomenon can be explained by clientele heterogeneity between the shadow and commercial banking sector. Monetary tightening allows commercial banks to charge higher prices on their depository services by driving up the opportunity cost of using cash. However, shadow banks cannot do so because their main clientele are more yield-sensitive. As a result, monetary tightening makes shadow bank money cheaper than commercial bank money, which drives marginal depositors of commercial banks to switch to shadow banks. My nding cautions against using monetary tightening to address nancial stability concerns, as it may unintentionally expand the shadow banking sector. ∗I am grateful to my thesis advisors Adlai Fisher, Lorenzo Garlappi, Carolin Pueger, and Francesco Trebbi for their generous support and guidance. I also benet from helpful comments from Markus Baldauf, Paul Beaudry, Jan Bena, Murray Carlson, Ron Giammarino, Will Gornall, Tan Wang, and seminar participants at the University of British Columbia. All errors are my own. ySauder School of Business, University of British Columbia. Email: [email protected] 1 1 Introduction Economists have traditionally focused on the role of commercial banks in the transmission of monetary policy. -
Regulation Shadow Banking
CNMV ADVISORY COMMITTEE RESPONSE TO THE FSB CONSULTATIVE DOCUMENTS: A POLICY FRAMEWORK FOR STRENGTHENING OVERSIGHT AND REGULATION OF SHADOW BANKING ENTITIES AND A POLICY FRAMEWORK FOR ADDRESSING SHADOW BANKING RISKS IN SECURITIES LENDING AND REPOS The CNMV's Advisory Commit tee has been set by the Spanish Securities Market Law as the consultative body of the CNMV. This Committee is composed by market participants (members of secondary markets, issuers, retail investors, intermediaries, the collective investment industry, etc) andRegulating its opinions areshadow independent banking from those of the CNMV. Outline 1.The shadow banking system. 1.1. Definition and importance of the shadow banking system. 1.2. The growth of the shadow banking system. 2. Regulating the shadow banking system. 2.1. Reasons for regulating shadow banking. 2.2. Potential regulatory strategies. 2.3. Reflections on differences in regulation across jurisdictions. Regulation in Spain. 3. The regulatory proposals of the FSB. 3.1. Comments on “A Policy Framework for Strengthening Oversight and Regulation of Shadow Banking Entities”. 3.2. Comments on ““A Policy Framework for Addressing Shadow Banking Risks in Securities Lending and Repos”. References 1 1. The shadow banking system 1.1. Definition and importance of the shadow banking system There are many alternative definitions of shadow banking. The Financial Stability Board (FSB) defines shadow banking as “credit intermediation involving entities and activities outside the regular banking system”, but other authors give complementary definitions that emphasize different aspects of shadow banking. For example: • Adrian and Ashcraft (2012) say it is “a web of specialized financial institutions that channel funding from savers to investors through a range of securitization and secured funding techniques”. -
Bear Stearns High Grade Structured Credit Strategies Fund
Alter~(lv~ Inv<!'Stment M.I~i(,lIlenl AsSO<.iaUon AlMA'S ILLUSTRATIVE QUESTIONNAIRE FOR DUE DILIGENCE OF Bear Stearns High Grade Structured Credit Strategies Fund Published by The Alternative Investment Management Association Limited (AlMA) IMPORTANT NOTE All/any reference to AlMA should be removed from this document once any amendment is made of any question .or information added· including details of a company/fund. Only AlMA can distribute this questionnaire in its current form to its member companies and institutional investors on its confidential database. AlMA's Illustrative Questionnaire for Due Diligence Review of Hedge Fund Managers ~ The Alternative Investment Management Association Limited (AlMA), 2004 1 of 25 Confidential Treatment Requested by JPMorgan BSAMFCIC 00000364 AlMA's Illustrative Questio~naire for Due Diligence Review of HEDGE FUND MANAGERS This due diligence questionnaire is a tool to assist investors when considering a hedge fund manager and a hedge fund. Most hedge fund strategies are more of an investment nature than a trading activity. Each strategy has its own peculiarities. The most important aspect is to understand clearly what you plan to invest in. You will also have to: • identify the markets covered, • understand what takes place in the portfolio, • understand the instruments used and how they are used, • understand how the strategy is operated, • identify the sources of return, • understand how ideas are generated, • check the risk control mechanism, • know the people you invest wIth professionally and, sometimes, personally. Not all of the following questions are applicable to aU managers but we recommend that you ask as many questions as possible before making a dedsion. -
A Securitization-Based Model of Shadow Banking with Surplus Extraction and Credit Risk Transfer
A Securitization-based Model of Shadow Banking with Surplus Extraction and Credit Risk Transfer Patrizio Morganti∗ August, 2017 Abstract The paper provides a theoretical model that supports the search for yield motive of shadow banking and the traditional risk transfer view of securitization, which is consistent with the factual background that had characterized the U.S. financial system before the recent crisis. The shadow banking system is indeed an important provider of high-yield asset-backed securi- ties via the underlying securitized credit intermediation process. Investors' sentiment on future macroeconomic conditions affects the reservation prices related to the demand for securitized assets: high-willing payer (\optimistic") investors are attracted to these investment opportu- nities and offer to intermediaries a rent extraction incentive. When the outside wealth is high enough that securitization occurs, asset-backed securities are used by intermediaries to extract the highest feasible surplus from optimistic investors and to offload credit risk. Shadow banking is pro-cyclical and securitization allows risks to be spread among market participants coherently with their risk attitude. Keywords: securitization, shadow banking, credit risk transfer, surplus extraction JEL classification: E44, G21, G23 1 Introduction During the last four decades we witnessed to fundamental changes in financial techniques and financial regulation that have gradually transformed the \originate-to-hold" banking model into a \originate-to-distribute" model based on a securitized credit intermediation process relying upon i) securitization techniques, ii) securities financing transactions, and iii) mutual funds industry.1 ∗Tuscia University in Viterbo, Department of Economics and Engineering. E-mail: [email protected]. I am most grateful to Giuseppe Garofalo for his continuous guidance and support. -
JP Morgan and the Money Trust
FEDERAL RESERVE BANK OF ST. LOUIS ECONOMIC EDUCATION The Panic of 1907: J.P. Morgan and the Money Trust Lesson Author Mary Fuchs Standards and Benchmarks (see page 47) Lesson Description The Panic of 1907 was a financial crisis set off by a series of bad banking decisions and a frenzy of withdrawals caused by public distrust of the banking system. J.P. Morgan, along with other wealthy Wall Street bankers, loaned their own funds to save the coun- try from a severe financial crisis. But what happens when a single man, or small group of men, have the power to control the finances of a country? In this lesson, students will learn about the Panic of 1907 and the measures Morgan used to finance and save the major banks and trust companies. Students will also practice close reading to analyze texts from the Pujo hearings, newspapers, and reactionary articles to develop an evidence- based argument about whether or not a money trust—a Morgan-led cartel—existed. Grade Level 10-12 Concepts Bank run Bank panic Cartel Central bank Liquidity Money trust Monopoly Sherman Antitrust Act Trust ©2015, Federal Reserve Bank of St. Louis. Permission is granted to reprint or photocopy this lesson in its entirety for educational purposes, provided the user credits the Federal Reserve Bank of St. Louis, www.stlouisfed.org/education. 1 Lesson Plan The Panic of 1907: J.P. Morgan and the Money Trust Time Required 100-120 minutes Compelling Question What did J.P. Morgan have to do with the founding of the Federal Reserve? Objectives Students will • define bank run, bank panic, monopoly, central bank, cartel, and liquidity; • explain the Panic of 1907 and the events leading up to the panic; • analyze the Sherman Antitrust Act; • explain how monopolies worked in the early 20th-century banking industry; • develop an evidence-based argument about whether or not a money trust—a Morgan-led cartel—existed • explain how J.P. -
Hsi 12.31.20
HSBC SECURITIES (USA) INC. Statement of Financial Condition December 31, 2020 2 HSBC Securities (USA) Inc. STATEMENT OF FINANCIAL CONDITION December 31, 2020 (in millions) Assets Cash................................................................................................................................................................... $ 285 Cash segregated under federal and other regulations ....................................................................................... 609 Financial instruments owned, at fair value (includes $9,072 pledged as collateral, which the counterparty has the right to sell or repledge)..................................................................................................................... 9,153 Securities purchased under agreements to resell (includes $4 at fair value)..................................................... 20,643 Receivable under securities borrowing arrangements....................................................................................... 11,758 Receivable from brokers, dealers, and clearing organizations.......................................................................... 4,154 Receivable from customers................................................................................................................................ 269 Other assets (include $13 at fair value)............................................................................................................. 295 Total assets....................................................................................................................................................... -
Maneerut Anulomsombat, Senior Associate – Investment Banking, the Quant Group
Maneerut Anulomsombat, Senior Associate – Investment Banking, The Quant Group. [email protected] Maneerut is a Senior Associate Director at The Quant Group – Investment Banking, she graduated magna cum laude in Industrial Engineering from Chulalongkorn University and an MBA from Stanford University. May 2008 Smackdown - The Fight for Financial Hegemony Last night I switched on the cable and World Wrestling Championship was on. I’ve never really watched wrestling before but for the five minutes that I did, it seemed like the fight was between two greasy large muscular male slamming their heads at each other surrealistically and theatrically slapstick. Amidst this fight another large muscular male came out from backstage, jumped into the ring and dropped-kick one wrestler who fell off the stage then turned around and slammed the other wrestler while the referee bounced around the ring ineffectively. Apparently this is a common scene on “Smackdown”. I don’t know what it is exactly but this made me think about the fights for the hegemony in global deal-making between the three giants: Private Equity Funds (PE), Hedge Funds (HF), and Sovereign Wealth Funds (SWF). And while the authorities and senate banking committees don’t always wear striped black and white referee shirts, they seem to be bouncing around not quite certain what to do as well. And here's how the giants compare by size. The Asset Under Management (AUM) of PE by the end of year 2007 was around US$1.16 trillion. The AUM of SWFs rose from US$500 Million in 1990 to US$3.3 trillion in 2007, overshadowing the US$1.7 trillion of AUM thought to be managed by HFs in year 2007 (up from $490 billion in year 2000).