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Shaken insurance giant AIG has argued that fair value accounting is what got
the world into this financial crisis. This debate is flaring up once again
as it becomes ever more apparent that many of the world's largest banks would
be insolvent if they priced their securities at "fair" market prices.
Recently, Goldman Sachs CEO Lloyd Blankfein, wrote in an editorial to the
Financial Times: "For Goldman Sachs, the daily marking of positions to current
market prices was a key contributor to our decision to reduce risk relatively
early in markets and in instruments that were deteriorating. This process can
be difficult, and sometimes painful, but I believe it is a discipline that
should define financial institutions."
To be fair, Goldman Sachs has managed this crisis better than most. However,
the day after his editorial was published, Blankfein testified in Congress
that Goldman uses models to value its assets based on future expected cash
flows. Said differently, even one of the more prudent financial firms continues
to use models based on subjective inputs to value their securities. Granted,
some assets may be difficult to value, but for many of the securities it has
come to the point where no one even wants to trade them for fear that they
and others would need to price them down significantly, to match the price
any rational buyer would be willing to pay.
AIG (which has long advocated abolishing fair value accounting) comes from
an insurance culture. Insurance companies are used to model based valuations,
such as calculating the life expectancy for life insurances; or the probability
of natural disasters striking an area where policies were written that need
to pay when disaster strikes. In the insurance world, insurance companies don't
pay into an escrow account if the beneficiary of a life insurance and the policyholder
fall gravely ill. But that's mostly because the risks are well quantified and
insurance firms are typically sufficiently capitalized. When it comes to derivatives,
however, a new world of opportunity and risk opens up. "Insurance" can be written
on third parties. Joe can agree to pay Mary if General Electric (GE) fails.
GE doesn't know about the contract; indeed, a corporate event, such as a re-organization
or a takeover, may trigger payment, depending on how the agreement is structured.
For years, writing "policies" on credit defaults (commonly known as credit
default swaps) was an immensely profitable business, as firms would collect
premiums on, say, the likelihood that GE is going to default on its obligations.
Impossible, right? Well, not anymore according to the present default swap
spread on GE.
Merk
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It is now clear that the market had it wrong. Whilst the likelihood of GE
defaulting was low two or three years ago, firms such as AIG should nevertheless
have allocated adequate reserves to cover such a situation transpiring. Incidentally,
White House Press Secretary Robert Gibbs ridiculed CNBC's Rick Santelli as
he called for a "Chicago Tea Party" protesting government policies. In the
process the Press Secretary tried to discredit the traders at the Chicago Board
of Trade (CBOT), grouping them with those bankers that are to blame for the
mess we are in. To be sure, there is a lot of blame to go around - from bankers
to policy makers to consumers, to name a few. However, Mr Press Secretary:
if all derivatives were traded on a regulated exchange such as the CBOT, we
wouldn't be in this mess.
Here's why: derivatives at the CBOT are marked to market every single day.
For any position taken, a deposit (margin requirement) is made. If the position
shows a loss for the day, a margin call is issued and the trader has to supply
additional funds. Conversely, he or she receives funds if there is a gain for
the day. When volatility rises, the margin requirements tend to be increased.
There is a good reason why margin requirements are low. Traditionally, derivatives
were set up to hedge against risks, say hedge your corn production against
a decline in corn prices between planting the seeds and the crop. If hedging
becomes too expensive as margin requirements are raised, farmers don't hedge
their production anymore, leading to overall lower output and potential supply
disruptions. But the producers require that speculators be on the other side
of the trade. Without speculators, the producers don't have anyone to hedge
their production with. Please note: this is not supposed to be an encouragement
to start trading derivatives, but to highlight some of their attributes and
mechanisms.
If a trader cannot meet a margin call, the broker will close the position
- the "grace period" may be a few days at most; in a volatile market, the grace
period may be as little as a few hours. The counterparty risk is virtually
eliminated as the exchange guarantees the functioning of the markets. Let's
take a situation where, say, the price of oil rises to over $140 a barrel before
plunging to less than $40. On a regulated exchange, the speculator who shorted
oil when it soared above $100 would have ultimately been proven right, but
likely was out of money and had the position closed. In comparison, firms such
as AIG had never factored in such volatile price movements into their off-exchange
derivative exposures. They had, in essence, become the speculator of perpetually
favorable economic conditions.
Should we now bail out the speculator because he or she may ultimately
be right? No. What is required are fair rules that minimize systemic risks.
If derivatives were all traded on an exchange, the systemic risk would virtually
be eliminated. We don't need to restrict speculators from engaging in risky
bets, but we need to make sure that if the speculators fail, the rest of the
system does not fall apart. Currently, everyone cries for more government intervention,
more help. But there is the real risk that the baby is thrown out with the
bathwater. Mr. Press Secretary, if you want to destroy the CBOT, Singapore
will be waiting to welcome those traders.
Let us consider if these off-exchange derivative products had been regulated
and market to market. Take as an example a derivative that insures against
the risk of Iceland defaulting on its debt. A few years ago, this may have
seemed like easy money (collecting the premiums) for those writing the policies.
However the writers of these policies would have likely been forced to close
their positions well before disaster struck. And that's precisely the point
- the risk to the system must be contained.
The regulators can influence how much collateral is required - mindful that
speculation itself is not the root cause of all evil; instead, given our present
situation, we urgently need more risk takers! Odds are that many of the positions
in the derivatives market in the hundreds of trillions would have never been
taken because more transparency would have made the speculators realize just
how risky their bets were.
We need a banking system that encourages sustainable risk taking. All of us
have a stake in this; risk is the life and blood of capitalism, but it needs
to be applied prudently. The right incentive is not that Uncle Sam takes your
jet away, but that there are market incentives to control risk. Creating clearing
places for financial instruments should be one of the top priorities of both
industry and government. By the way, exchanges are profitable enterprises and
profits generate tax revenue; restricting bonuses also restricts tax revenue.
That's the type of public-private partnership required - not government run
banks. Those financial institutions that are insolvent must be dismembered.
We need good banks, not bad banks. It's not just our wish, it's the law. The
FDIC improvement act of '91 (FDICIA) requires that prompt and decisive actions
be taken when financial institutions run into trouble. The act further requires
that the action taken minimizes losses to taxpayers. Buying bad assets from
banks doesn't live up to that test. Let's bite the bullet, do what's necessary
and not drag the economy down further by losing trillions of dollars in taxpayer
money through propping up a broken system.
Insolvent banks may need to be dismembered anyway, but the longer it is dragged
out, and the more money that is thrown at the problem, the more the purchasing
power of the dollar gets eroded. And that closes the loop of why we take an
interest in this. We manage the Merk Hard and Asian Currency Funds, no-load
mutual funds seeking to protect against a decline in the dollar by investing
in baskets of hard and Asian currencies, respectively. For those interested
in an in-depth analysis on the dollar and the euro, please see
our recent analysis on whether there are any hard currencies left at merkfund.com.
To be informed as we discuss other currencies, from the Swiss franc to the
yen to the Australian dollar, subscribe to our newsletter at www.merkfund.com/newsletter.
To learn more about the Funds, or to subscribe to our free newsletter, please
visit www.merkfund.com.
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Axel Merk
Axel Merk is Manager of the Merk Hard Currency
Fund
The
Merk Hard Currency Fund is a no-load mutual fund that invests in a basket of
hard currencies from countries with strong monetary policies assembled to protect
against the depreciation of the U.S. dollar relative to other currencies. The
Fund may serve as a valuable diversification component as it seeks to protect
against a decline in the dollar while potentially mitigating stock market,
credit and interest risks - with the ease of investing in a mutual fund.
The Fund may be appropriate for you if you are pursuing
a long-term goal with a hard currency component to your portfolio; are willing
to tolerate the risks associated with investments in foreign currencies; or
are looking for a way to potentially mitigate downside risk in or profit from
a secular bear market. For more information on the Fund and to download a prospectus,
please visit www.merkfund.com.
Investors should consider the investment objectives,
risks and charges and expenses of the Merk Hard Currency Fund carefully before
investing. This and other information is in the prospectus, a copy of which
may be obtained by visiting the Funds website at www.merkfund.com or calling
866-MERK FUND. Please read the prospectus carefully before you invest.
The Fund primarily invests in foreign currencies and
as such, changes in currency exchange rates will affect the value of what
the Fund owns and the price of the Funds shares. Investing in foreign instruments
bears a greater risk than investing in domestic instruments for reasons such
as volatility of currency exchange rates and, in some cases, limited geographic
focus, political and economic instability, and relatively illiquid markets.
The Fund is subject to interest rate risk which is the risk that debt securities
in the Fund's portfolio will decline in value because of increases in market
interest rates. As a non-diversified fund, the Fund will be subject to more
investment risk and potential for volatility than a diversified fund because
its portfolio may, at times, focus on a limited number of issuers. The Fund
may also invest in derivative securities which can be volatile and involve
various types and degrees of risk. For a more complete discussion of these
and other Fund risks please refer to the Fund's prospectus. Foreside
Fund Services, LLC, distributor.
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