Archive forFebruary, 2006

Dodge

A propos of the last post, the fellow in Canada with his hand on the lever of interest rates is David Dodge, former Deputy Minister of Finance under Chretien and Martin, former Deputy Minister of Health, and now Governor of the Bank of Canada.

He has spoken out about pension funding in the past two years, generally taking the view that defined benefit plans should be stopped and wound up, and defined contribution plans used to replace them. That is, employers who have much more ability to manage it, should transfer the risk of pension provision to employees, who have far less ability and time to manage it.

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Interest rates

PIMCO, the world’s largest bond traders (and for many, most respected observers of interest rates) has more or less bet against the Federal Reserve Bank and its projections for the coming years. See “Investment Outlook“, by Bill Gross.

One of the interetsing aspects of his argument is that pension liabilities are going to be unfunded — that we have run out of savings. The current problem with pension liabilities (well, there are many, but the most pressing issue) is long term interest rates. As interest rates fall, pension liabilities rise — it takes more money now to buy the same benefit payable in the future, because the interest rate is lower and does not compound as quickly. The “asset side” of pension funds have been doing relatively well in recovering from the equity crash in 2000 that most were over-exposed to. However, with long-term bonds paying low interest rates, liabilities loom even larger. These can be managed by lower benefits payable and some accounting gimmicks, but they can only effectively be solved through a rise in long-term interest rates. The Fed has been signalling this rise for a while, but many market-watchers like PIMCO are betting that they canot go much higher without triggering recession and slow growth.

Part of this bet is rooted in the inverted yeild curve (see graphic below), which predicts future interest rate yeilds on bonds. It is still predicting long-term interest rates will fall.

Interest rates are set in large part by policy of the Fed, and so if they are betting on significant economic expansion, which will require a slow rise in interest rates, you can place some confidence in what they say. Only they have the power to do something directly about it. However, PIMCO thinks their predictions of economic expansion are over-stated, and they will be forced to hold or reduce long-term rates.

If PIMCO is right, then pension funds are in for some serious problems, some very serious problems. First, liabilities will continue to grow, and make pension provision more expensive. Second, acutrial assumptions about long-term interest rates will be consistently over-stated over time, creating the need for a large one-time correction, which will shock many plans. Plans will begin to strip down benefits to the minimum viable, or if they already have, will terminate pension plans.

PIMCO’s advice is to get out of the US market and buy foriegn bonds at higher yeild rates. If you can find them.

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Hollowing out

I have been thinking about some of the follow-along effects of the “hollowing out” of corporate Canada, as Harry Arthurs has termed it. By this he refers to the “taking private” of Canadian corporations or Canadian-owned corporations, and the transfer of their ownership and management functions to the U.S. or other foreign jurisdiction. He tracked this phenom between 1985 and 1995, although it is still happening.

One is an indirect effect on pension funds. Prior to 2005, there were limits on the ownership of foreign corporations by Canadian pension funds — limit of 30% of the total assets of the pension fund. There were various ways to get around these limits, not all of them robustly in compliance with the law and not all available to medium or small pension funds. After some time, large pension funds “ran out” of safe, stable investments in Canada. They had a problem of not being able to find enough safe investments to put their money into. One of the contributing factors to this problem was the “hollowing out” phenom Arthurs describes, which reduced the pool of eligible Canadian companies in which to invest.

This problem has been partly solved by the removal of the 30% foreign property limit. Pension funds may now own much more foreign property, and at least initially, have been buying lots of forieng bonds. They are safe, stable investments.

However, the problem remains in another form. Capital which used to be available (even if problematically) for investment in Canadian businesses and indirectly, the local economy, is now fleeing to U.S. treasuries - both federal and private. Furthermore, a good chunk of the regulated fund business for the Canadian securities industry, such as it is, will likely only see its business go south (again, literally and figuratively) along with the opportunities for investments.

I’m not sure what the kicker is yet, I’ll have to think some more, but it strikes me as another problem for the Stephen Clarksons and Mel Hurtigs of Canada, who would ask whether there is a chance of robust independent Canadian economy, state, and maybe even identity.

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Fukuyama

Famed former Sovietologist and identifier of political trends, Francis Fukuyama has announced that he can no longer support neoconservatism. The Guardian has excerpted from his new book, the reasons why. To use an inappropriate figure of speech, it seems Iraq was the straw that broke the camel’s back. It is a botched job, and he says it signals a turn for neocons that he cannot support.

First note that it isn’t the ends that are in question — it is the means. The turn from U.S.-led moral suasion and non-military (often economic) influence to outright invasions is, for Fukuyama, a bridge too far. Neoconservatism is pretty good, it seems, as long as it doesn’t come out the barrel of a gun.

Where to start with this sort of thing? The obvious point that ‘economic hegemony’ didn’t seem to be solving the problem of world peace? That under non-military neoconservatism, if there was such a thing, the world saw the single largest transfer of wealth from the poor to the rich, ever? That it was the neocons who, under Reagan in 1984, invaded (with military and para-military) El Salvador, Honduras, Nicaragua and Afghanistan, then Grenada and Panama, and after Regan, Kuwait, Somlia, the Balkans and probably a dozen other places I’m forgetting?

Fukuyama has been an important theorist of the neoconservative right, from his days as a comparative literature student under Allan Bloom to his magnum opus on the Hegelian dialectic, the End of History. That good ship appears to have foundered on the shoals of extreme inequality before striking the reef of religious commitment (of the neocons’ evangelism as much as the Islamist resistance to occupation). Now, it is all hands for themselves.

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CUPE walkout

Most people have no idea what the Canadian Union of Public Employees is doing threatening a strike over pension legislation in Ontario (Bill 206, and act amending the OMERS Act). And Sid Ryan’s reputation as head of CUPE is not that of a cool-headed strategist. To explain it would be more work than it is worth here.

The bottom line is that CUPE wants to use the chance of new legislation to improve pension benefits for its members, who are mostly low-middle wage workers. The municipalities who employ CUPE employees are hoping to forestall that possibility. Is that worth an illegal wildcat strike? I don’t know, I doubt it. The rhetoric about the flawed governance model of the pension plan is a little exaggerated, and the complaint about uneven or unequal benefits to similarly situated employees is not as strong an argument as it may first seem. There are reasons, and some good reasons, the benefits have been created the way they now stand.

But, I do have some sympathy for a union who is willing to strike over pension benefits. For one thing, by any other name, they are wages, which are one thing unions usually do strike over. However, because they are wages paid in the future, people seem to lose interest. Second, pension benefits are being reduced, cut back and otherwise made more risky for employees around the world, and they mostly do not get defended as robustly as CUPE appears to be defending them. If your pension benefits are capped or reduced, you are staring at, by some measures, a 20-30% wage cut. Try saying that to a line worker in Oshawa, and see what the reaction is. Finally, in Europe and Asia, pensions seem to get a lot more attention as public policy and as workers’ incomes. I don’t exactly know why, but there is a far more vigorous discussion about how we are going to deal with post-employment income there. In the past two years, there have been riots, literally, in France and Italy about pension reductions, and what I’m going to call “civil unrest” in the U.K. through an agonizing public policy process there.

This is why I think a little what-do-we-want-when-do-we-want-it might just be a good thing.

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From a guy who peppers his pals

I don’t think I need to poke holes in Dick Cheney’s credibility, but he came out with an old canard last week in what I assume is an attempt to deflect criticizm. He announced that the U.S. govermment will form a new department (the “Division of Dynamic Analysis”) to study how tax cuts create economic growth and thereby replace the lost revenues to government of those same tax cuts. Link.

–Not whether they create growth and replace lost revenues, but how. In philosophical circles, this is known as affirming the consequent. It is considered a really bad move. In economic circles, this proposition has been the study of nearly 30 years of empricial and modelling work, and it is almost universally acknowledged (outside the Whitehouse and a few Regan-era die-hards) that what Cheney proposes is malarky. In tax policy cirlces, this proposal is considered to be a transfer of wealth from those with less to those with more, also known as regressive.

Perhaps the best factoid to make the point that, no, tax cuts do not pay for themselves (a perspective that seems to consistently escape business reporters) is Cheney’s own example. He noted the Bush II tax cuts in 2001-2002, and then noted that tax revenues increased last year. A good question might be, well, what caused the increase in revenues? A mildly curious person could find out that a temporary corporate tax break, introduced to mitigate against the dot.com crash in 2000, expired last year. That is, taxes were (re) raised. Funnily enough, tax revenues increased at the same time! Could be co-incidence. The last time corporate taxes were raised was by Bill Clinton in 1992-1993, as a temporary deficit-fighting mesasure. In the years after that, tax reveunes …. increased! A second co-incidence! Perhaps, in a world ruled by chance, co-incidence is inevitable.

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It depends who does your renovating

The Economist recently advised us that the use of debt to re-organize Europe’s large conglomerates was a useful and desirable thing. It championed the aggresive use of junk debt by US-style LBO investors.

It notably does not typically does not champion the saner alternative: “activist” investors such as pension funds peeking into coporate decision-making, and making demands such as reduced executive compensation, re-investment in corporate infrastructure, and long-term steady growth. Pension funds are investors with 30-year horizons. Their objectives are far more consistent with the corporation as a going concern.

The debate is not so much about activist owners — usually, people agree that activist owners are a good thing — as much as what kind of things they get active about. The usual divide is between “short-termism” and “long-termism”, that is, between turning an asset around for a sale profit or about re-investing for the long term. Pension funds could not be more different than private equity or hedge funds in this sense — they have opposite objectives when it comes to timelines and puchasing and holding risk.

Short-termism is exactly what most policy makers think is the problem with global finance these days, although it is difficult know what to do about it. Think of terms like “capital flight” and “investor controls” and “emerging markets” and suite of issues associated with them.

See the February 10 print edition of the Economist.

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Debt’s revenge

I’ve been interested in the capital structures of corporations for some time, especially its importance as a constraint or influence on the “political economy of corporate decision-making”. There is some anecodtal evidence from the Economist about the Americanization of European corporate capital structures. That is, the new aggresive use of debt to re-organize ownership patters of large European conglomerates. Some observations:

+ the obvious: this debt is not used to invest in production, but to pay out former owners. This is not a classic capital market choice, raise money to invest, and raising via debt is sometimes cheaper than by equity. Cheapest of all is retained earnings, which of course are not immediately available to hostile buyers, until they complete the buy.

+ debts need to be paid. If the lenders are investment banks, there is some sense in which this debt is held by people with an interest in the company as a going concern, in Europe especially, where there is a tradition of instituional holding. However, if this debt is held by hedge funds and private investors (think, Barbarians at the Gate), the aim of the debtholders is to off load the risk as quickly as possible through a turnaround and re-sale. These folks do not wanrt to run a airline parts business, they want to do the next deal.

+ there is an issue here of the ‘culture of capitalism’, suggested by the holders of the debt in the corporation. This may be an example (for which the Economist is gleeful) of the Americanisation of European political economy. some of the implications are in decision-making. LBO specialists want pensions funds cut or reduced, wages cut or reduced, “redundant” assets sold off, the business “streamlined”, and where an immediate sale is not possible, they will seek ot have retained earnings disgorged in dividend payouts and other distributions of cash. These are the structural results, and perhaps the cultural results, of debt-driven decision-making. The Economist glosses these are “creative destruction”, and “much needed restructuring”.

+ this is of bad debt. Sophisticated holders of debt, such as Morgan Stanley, will attempt to re-package the different tranches of debt as new securities and sell them to sleepy pension funds or insurance companies. Michael Miliken made a gazillion dollars taking junk bonds (issued as part of LBOs), stripping the capital from the interest stream, selling the former as investmenty grade debt with complicated payout formulae, and selling the interest streams as lower-grade debt with even more complicated fomulae for calculating yeild.

+ The question at the end of the day is, who is left holding the risk of these transactions? For debtholders, even banks, those with perhaps the best ability to manage loan risk, have re-packaged their debt holdings and re-sold them on the bond markets, and thus off-loaded a great part of the risk of loans. The market for “structured debt” or credit derivatives has exploded in the past 5 years. As for the conglomerates, well, you can imagine the pressures on the company. It has been bought for a huge sum with borrowed money. Everyone wants their loans called in, and they are all short term investors. The presurre will be to break the company up or in some way drastically reduce current costs to increase profits to make it an attractive re-sale opportunity, or at the very least throw off a revenue stream in the meanwhile.

Link here, and Comments

What gives you the right to life

An interesting discussion yesterday at my legal theory reading group (link). We discussed Agamben’s Homo Sacer with Carl Schmitt’s “Ethic of a Pluralistic State” to interesting effect. We decided that Agamben made some good observations about the real status of the primacy of human rights by observing that we do not really enforce them — how then, can they be so important to us and why do we say they are? I’m not sure we got better answers than the typical secular/divine sources of authority for human rights. The discussion led to what sort of damage we do to our beliefs if we do not act on them, and a similar discussion about Schmitt’s theory of unity of the state — which appealed to the same argumentative strucutre as a typical human rights argument. An interesting comparison which led me to wonder whether we ought to look at that argument structure as a method or a tool, and in particular, a narrative tool, for explaining and justifying change, in this case, legal change. We also discussed “states of exception” which in the Anglo-American tradition are martial law or war measures, and how they operate with the same reasoning.

This morning I was puzzling over the root question: what is the authority by which we claim human rights (whatever they are) are privilgeged against any other claim or order. Classic rhetoric identified three main types authority that act as proofs of a proposition, and really only one was in the room, divine authority, and its secularized variant. The other two: logos, or proof from deduction, was not attempted (nor could it be, likely) and ethos, proof from appeals to emotional judgment, was also not attempted, except perhaps indirectly. I suppose I’ll have to do some research to determine whether there have been those two forms of proof of the proposition, or more likely, via enthymeme.

Easily the best line was (Agamben quoting) Proudhon: “He who speaks of humanity seeks to deceive.”

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Makin’ sausage

I spent the morning at a meeting of the Ontario Bar Association Sub-Committee on Securities Law, a group of which I am a member. The topic was what model of insider trading rules we should be moving toward (if any), and why. The discussion was revealing in the same way ground meat is revealing. A quick summary.

1. The players. Most in the room represented issuers, especially large issuers. Few represented investors (including me), and two were from the Ontario Securities Commission, which is responsible for making law, policy and rules on insider trading among other things.

An “insider” is someone in a senior position in a corporation that knows things that could affect the share price or bond price of shares and bonds of that corporation. Insiders are typically senior management, their lawyers, Boards of Directors, and senior investment, accounting and financial types. The exact definition and meaning of insiders is always moving around, just like people move around.

2. The agendas. Large issuers want bright-line, less inclusive definitions of “insiders”, because there is a huge administrative expense to them in monitoring their insiders and making sure they file reports and don’t do insider trading. Under less inclusive definitions, the OSC bears the burden (or no-one at all) of monitoring. Small issuers prefer the current system as it is not onerous and there is less OSC interference. Investors have mixed feelings but on the whole prefer more information made public as soon as possible, which is right now a typical feature of the US system. The OSC is pursing an “deterrence model”, not an “enforcement model”, because it has no money or people to do the latter, and moreover, believes that self-policing will provide better capital markets that regulatory enforcement. There is more than one view in the OSC, but that is the current model, and according to Mary Condon, it was put there in large part by a ineractive admixture of interests and ideas including those major issuers.

3. The positions. The two positions out there for debate are the current model — which emphasizes self-policing of insiders through extensive internal reporting requirements and internal decisions as to who is an insider — and the US model, which has a narrower definition of “insider”, but places much more emphasis and resources on enforcement. Lately, even non SEC lawyers have been seeking to join the enforcement bandwagon there, most notably Elliot Spitzer.

4. The elephant in the room. We know from studies and anecdotal evidence that insider trading is just rampant in Canadian and US securities markets. A study by the OSC about eight years ago found that in 35 out of 35 cases examined of large issuers going through material changes, the trading volume of their securities spiked immediately before public disclosure, after having built for about a week beforehand. I have a provocative comment I use to groups when speaking on insider trading, and that is that “at least 50% of the financial capital made on Bay Street on any given day is as a result of illegal or improper trading, at the expense of efficient markets and ultimately borne by the loser (typically, sleepy pension funds) still left holding the security at 4:36 p.m.” That usually stops me being invited back.

5. The tradeoffs. Some of them have just mentioned. The stated objectives are efficient, safe, reliable capital markets with integrity. Lots of good sentiment. The unstated objectives are of course to make a buck wherever there is a gap in the system (on this, see the story about the $3 bn in bonds sold by a group of rogue traders at City Bank in 2004 summer, exploiting a 3-minute delay in the electronic trading system uin Europe: they did not reduce bonuses that year). Others include:

+whether we believe strong regulatory enforcement is going to be more effective than the reporting model, which is in effect self-policing through a substantive judgement rule. There is evidence for both sides, but I tend to fall on the former not the latter.

+self-enforcement has all kinds of political, legal and economic benefits for issuers, notably that they control what is going on internally, and do not have to worry about Elliot Spitzer. But the cost is of course that they have to do it, and that costs time and money. This is what causes rifts between large and small issuers.

+we know that most issuers have less than 10 insiders, but most insiders come from a very small number of issuers. So, it tends to be the large issuers with lots of insiders that complain about the internal reporting model. They may even mean it, because they might tend not to be the most egregious violaters of insider trading rules (RBC traders excepted, of course). Anedotally, large banks have potentially 5000 insiders, about 1200 of whom are anywhere near real insiders, and maybe 200 of whom would be real threats.

+the battle becomes, then, about who bears the cost of regulation: is the burden of self-policing worth the advantage of no OSC investigator coming at you all the time asking to review your insider trading?

+notice the political economy of decison-making in large issuers, which are large conglomerate firms, and in particular, large conglomerate financial service firms. Does the regulatory system therefore influence how they organize their firms structure (if, for example, all Vice-Presidents were delcared insiders, would they devolve decsion-making?). Here we have an inintended side-effect of the mergers and consolidation of financial service firms in the 1990s.

+thinking broadly, as a law and society academic, what we have here is large financial service firms acting as mini-governments and regulators of their own businesses, asked to comply with entirely rational and reasonable rules about efficient capital markets which they constitute, and really pissed off they have to bear the cost of it. In a bigger picture, we have the micro arguments for and against harmonization with the US model of securities law, which engages a debate about whether such things are culturally or politically neutral or influenced, and whether there is a distinctly Canadian way of dealing with problems. The answer this morning? Have your cake and eat it too.

6. The OSC has promised a “concept paper” on this issue. I can’t wait.

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