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SEC Pushes Banks To Disclose Information About Exposure To European Debt

Sec Banks Europe

The Huffington Post   First Posted: 01/09/12 01:26 PM ET Updated: 01/09/12 01:26 PM ET

Regulators are asking American banks to stop glossing over their vulnerability to the crisis in Europe.

The Securities and Exchange Commission issued guidance on Friday pressuring U.S. banks to provide detailed information about their exposure to European debt so that investors could make more informed decisions. Since uncertainty about U.S. banks' exposure to Europe has led to lower stock prices and higher borrowing costs for banks, a collective move to come clean could help dispel investor fear and promote economic growth. More broadly, a clearer picture of banks' exposure could help prevent a repeat the 2008 credit crunch and financial collapse.

"Disclosures...have been inconsistent in both substance and presentation," the SEC wrote. "We believe this inconsistency may lead to disclosures that lack transparency and comparability for investors."

The SEC requested that U.S. financial institutions disclose their full exposure to government debt, bank debt, and corporate debt for each European country; how they have hedged that exposure; and an explanation of what would happen if their losses were not covered by insurance. They have asked for banks to reveal what would happen in the event of credit rating downgrades, as well as a full accounting of their derivatives and credit default swaps related to Europe, including the identities of counterparties, so that investors could have a holistic view of what would happen in case of a financial crisis.

Bank stocks plunged in value last year to a large extent because of investors' uncertainty about exposure to Europe. Financial stocks plunged 18.4 percent in 2011, performing the worst out of the 10 industries tracked in the S&P 500, according to Bloomberg News. Bank of America's stock value plummeted 58 percent, Goldman Sachs fell 46 percent, JPMorgan Chase fell 22 percent, and Citigroup and Morgan Stanley fell 44 percent.

Interbank borrowing costs also have spiked. The interest rate on three-month interbank loans has more than doubled since mid-July, according to Bloomberg.

It has become nearly impossible for investors to compare the vulnerability of different financial institutions to the crisis in Europe, since their disclosures are so inconsistent, according to analysts interviewed by The Financial Times. Some investors are concerned that European banks that have written credit default swaps on European debt could fail in the event of a financial crisis and be unable to pay insurance to U.S. banks holding the credit default swaps, according to the FT. The SEC wants investors to be able to judge banks' protection for themselves.

Goldman Sachs and JPMorgan Chase are among the major banks that are keeping investors in the dark about their exposure to European debt, according to Bloomberg News. Though they say they have sold protection on more than $5 trillion in debt globally, they have not disclosed how much of that debt is held by Greece, Italy, Spain, Ireland, or Portugal: the five European countries currently mired in debt crises.

U.S. banks held $1.48 trillion in exposure to all of Europe as of the end of June -- which includes government debt, insurance on that debt, and loans to European businesses -- according to the Bank for International Settlements.

But as long as banks keep details on their exposure to Europe hidden, investors could flee.

"If there is another credit crunch, it will not really matter that much how much you actually own sovereign debt," Gabriel Palma, economics professor at the University of Cambridge, told The Huffington Post in December. "Because nobody trusts each other, because they hide their risks so well and so deep...no bank in the world will get any money from anybody else."

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Regulators are asking American banks to stop glossing over their vulnerability to the crisis in Europe. The Securities and Exchange Commission issued guidance on Friday pressuring U.S. banks to pro...
Regulators are asking American banks to stop glossing over their vulnerability to the crisis in Europe. The Securities and Exchange Commission issued guidance on Friday pressuring U.S. banks to pro...
 
 
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09:19 PM on 01/10/2012
In addition to disclosure of their direct risk, the financial institutions also should be required to disclose clearly their indirect risks arising from credit default swaps and the lack of creditworthiness on the part of those who have insured the debts that the financial institutions continue to list on the books at values that may significantly exceed their actual values.
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JDLA
Your bills are not the government's responsibility
02:30 PM on 01/10/2012
The SEC does not want full disclosure nor do the banks. I fear that if we knew the entire truth and extent of the impending carnage every investor and depositor would be pulling their money and heading for the hills. Cash in a coffee can may be our best bet against losing it all.
12:35 PM on 01/10/2012
Goldman Sachs is probably bankrupt (again). Big surprise.
09:01 AM on 01/10/2012
The last thing the Fed wants is disclosure. Once the truth comes out it's the beginning of the end.
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carolgregor
08:35 AM on 01/10/2012
The SEC should insist the banks list all P&S info regarding the trusts that are supposedly holding notes for millions of mortgages. I understand the banks have disregarded all the SEC rules in these transactions. If this is so, there are no legitimate notes held by the banks and they are literally broke. Take care of homeowners first. Banks have lied about this issue and need to disclose all information to homeowners so they can tear up their un enforceable notes once and for all.
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Ban KKiller
Banks are criminal.
08:23 AM on 01/10/2012
The major banks today are continuing criminal enterprises. How many lawsuits are they facing from investors,etc? Banking in the last ten years was built on the premise of selling off to the next sucker. Now they have all burned each other so there are no more suckers hence liquidity in the market place is drying up. Is Greenwich, CT fireproof?
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gerald4
licensed mechanical and electrical engineer
12:32 PM on 01/10/2012
Excellent points.

Maybe all of the recently created new financial products, and similar new toxic asset products created by the Wall Street master financial geniuses that created various derivative and other junk bond type freshly printed paper securities out of the thin air should require a separate application and a separate license granted by the SEC for the creation, existence and/or sale of each and/or any new financial product.

Maybe the SEC should require/grant license only to those that have intrinsic collateral value, are easily understood, are transparent, forthright, and are not deceptive in their sworn financial statements filed with the SEC.

Maybe the SEC should also require a study to justify the need and define the value of any new derivative type instrument created, similar to an Environmental Impact Statement.

When the financial risks are several layers or completely removed from the title to the actual asset that has some actual collateral value (like a Mortgage, Bond, Property Title, Stock Share, Promissory note), and this instrument is insured from most of the investment risk, how much due diligence will an investor perform before he will commit to purchase, as compared to the investing into a primary mortgage or similar instrument that is collateralized for the event of failure?
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gerald4
licensed mechanical and electrical engineer
12:32 PM on 01/10/2012
If I were driving a car without insurance, I would probably drive more carefully than if I had insurance since my exposure for loss is lessened with insurance coverage.

Maybe the USA would be better off without any of these recently created new financial (Toxic Asset) products that required the US government to guarantee to the foreign parties that bought them, and US taxpayers had to redeem them when they were discovered to be without value.

These freshly printed financial products are similar to a contagious disease, because once they are created, they tend infiltrate, contaminate, multiply and destroy the basic economic foundations of the US economy, and then other Wall Street financial geniuses emulate these successful financial geniuses and then create and sell even more of these new imaginary assets.
08:22 AM on 01/10/2012
Investors:  Sell your stock in big banks.  If they are hiding something, it's for a good reason.  They don't want you to know that you're about to lose your investment.
08:22 AM on 01/10/2012
Guidance?  That's it?  Why doesn't the SEC force them to disclose the information?  Investors have a right to know.  If the banks refuse to disclose the information, it probably means it's very bad.  A refusal to disclose should be a signal to investors that they should sell all their stock in big banks.
09:15 PM on 01/10/2012
Without going through the rule making process, which can take a year or more, the SEC cannot change the disclosure requirements. Although both the banks and the regulators should have seen it coming, the European credit problem has not actually been recognized for a long enough time for the SEC to adopt new and tougher disclosure rules. Previous foreign bank crises and sovereign debt crises, such as the 1997 Southeast Asia financial crisis, didn't involve such a large exposure on the part of US banks, so disclosure requirements of the type now needed weren't adopted then.
iam99
To know what you prefer...
01:35 PM on 01/11/2012
Banks: Please kindly tell us of your secrets and all of the very bad risk that is not on the books., you know eventually when you get around to it.
Thank you much!
the SEC
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MRstoner2udude
I'm a human being? What about you?
07:04 AM on 01/10/2012
We need to require this disclosure of US banks exposure to this bad debt. WE KNOW they've been playing stupid risky games again. WE KNOW they will try to cover their losses with our tax money, so they have to disclose. I won't sit idly by again if a bail out is arranged.
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new beginning
Practice random acts of kindness-change the world
08:22 AM on 01/10/2012
what will you do when they tell us the sky is falling and they must give away Trillions more of our money - no strings attached of course?

The President has infested the WH with Wall Street insiders who are poised to s c _ _ _ us again.
06:42 AM on 01/10/2012
Sachs and Chase are keeping European investors in the dark...just like they did before.
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06:24 AM on 01/10/2012
Our people have been lied too. Now the self-regulators are asking that the banks expose their assets, deficits and fraud. We will receive enough information to prepare us for eventual collapse of the banking industry and another sovereign bailout. this will be followed by an international bailout of the sick nation of the world by the IMF with China pulling the levers. When information is hidden from public view it is the work of dictatorship and ruin.
05:23 AM on 01/10/2012
I just arrived in australia and led some of the protesting. I was proud, and this is just the start of the revolution. Stand up and be counted, we have a right to. And this govt news and obama signing the NDAA really is trying to stop us. You will not stop me, or my friends. This is our right, and you have done wrong, and need to be punished. Lets hope 2012 karma will come the way of the banksta GANGSTERS! Enough is enough.

http://www.forecastfortomorrow.com
iam99
To know what you prefer...
04:51 AM on 01/10/2012
The SEC has let the frauds slide while the big dogs ate everybody's lunch (and future!). Naked short selling, in particular, is an outrage. No ownership of the subject securities is even necessary to pull this one off. How outrageous! Maybe the SEC did fool around with the regs in 2005 - 2010 to have these frauds be deemed illegal, then legal, then illegal - all while the mass of investors lost everything. The practice is morally repugnant to market integrity. When market integrity is destroyed, what investors will return to create that which has been so damaged? And, their investment nest egg has been wiped-out during this fraudulent act,
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rockyroad
05:11 AM on 01/10/2012
Nice post. Like I have said. Individual investors have no business in this market.

Pension funds have no business in this market.

The market is corrupt.
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rockyroad
05:14 AM on 01/10/2012
If you have the wherewithall to do your own due diligence.

Find the companies and invest in them directly.

If you lack the skills or ability to do the due diligence, invest in CDs at your local credit union. Your investment is insured.
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MRstoner2udude
I'm a human being? What about you?
07:02 AM on 01/10/2012
Also I've been in the market during it's run up to 12-12500 and then out. then back in when it hits 11-11500. That seems a logical way to play it also.
HopeWFaith
We the People
04:50 AM on 01/10/2012
"...SEC requested that U.S. financial institutions disclose their full exposure..."

I would say much more than a mere request needs to be made from the SEC. A demand of immediate and full disclosure should be the goal, not a simple "request". Though I will say, I am glad to see more and more "stepping up" being done by this SEC. Keep it up, but get tougher, please!
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new beginning
Practice random acts of kindness-change the world
08:26 AM on 01/10/2012
too little too late.
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rockyroad
04:28 AM on 01/10/2012
All of those homes that they have foreclosed upon are worth absolutely nothing in markets like Detroit and Cleveland. They do not mark to market those homes. No, their net worth is based upon the original appraisals. If they marked to market their real estate holdings and the costs of maintaining those properties, good chance, they'd show a negative net worth.

So, big banks who lie about their actual net worth, are paying out bonuses on revenue not supported by profits and who see a giant black hole of bad EU bets are paying themselves bonuses based upon 40% of this year's revenues.

Better take it while the taking is good. Those EU bets are going to bite in 2012, but, you've already accounted for that by shorting your own stock. Didn't tell your investors and it's not illegal but should be, but you'll make millions while the country gasps for breath and re-learns to plant food and hunker down.