We knew re-regulation was going to be something investors would have to monitor, but the magnitude of proposed changes to the U.S. financial sector are nonetheless startling.
Barack Obama’s plan to curtail risk-taking by financials increases the stakes higher than many could have imagined a few months ago. In addition to keeping valuations for U.S. financial stocks depressed until more clarity arrives, the impact could also spill over into other regions as other countries may decide to break up their banks or institute similar reforms.
With the health care reform bill before Congress likey dead in its current form, the President’s new “whipping boy” – the banking industry – may help bring his constituents out to vote in the upcoming mid-term elections. After all, everyone hates the banks, right? It appears that Obama is trying to force the Republicans to take a stand on financial regulation and grasped onto this banking issue in an effort to win in November.
Attempting to avert future crises in the financial system, President Obama has proposed banning propriety trading and investment in hedge funds or private equity firms by traditional banks and their holding companies. If implemented, this proposal would entail the broadest transformation of the financial sector since the 1929 Glass-Steagall Act.
The move comes just a week after imposing a Financial Crisis Responsibility Fee on institutions that were generally the recipients of government aid in an effort to recoup as much as US$120-billion.
Many see the new rules for financial institutions as a back-door attempt to bring back the Depression-era Glass-Steagall law, which separated commercial banking and investment banking, but was repealed in 1999. But with former Federal Reserve Chairman Paul Volker on board, the plan could gain some credibility, according to analysts at RBC Capital Markets. Volker has been pushing for months to divide certain high risk capital markets activities from traditional commercial banking activities.
Those affected may have to wind down their targeted operations, which would mean reduced volumes, liquidity, international investment flows and a smaller industry in general. Citigroup’s Michael Hart suggested that while banks may simply divest from proprietary operations and hedge funds, but keep them intact at arm’s length, this will splinter the industry. It probably shrink it too since the then-autonomous entities will have less access to capital and leverage.
While Canadian banks may look like a superior investment opportunity as a result, and changes in the United States may attract some net foreign buying interest to Canada, CI Capital Markets analyst Brad Smith expects declining U.S. bank valuations will likely transcent borders in the near term.
At the same time, he noted that domestic banks with U.S. capital markets businesses may be able to turn the uncertainty at their Wall Street competitors to their advantage by making strategic hires while the political battle continues.
There are options for escape. For example, financial institutions that became banks at the height of the crisis in order to be able to access the Fed’s Discount Window and other facilities, may decide to hand their licenses back. This may be particularly appropriate for institutions that never had traditional deposit businesses in the first place.
There is also the possibility that the issue will be fudged, since it is difficult to distinguish between trading operations that are related to serving customers from those that are not. Banks may try to circumvent the rules by setting up ownership structures that respect the letter of the law, but not the spirit.
“It appears that in most scenarios, the outcome would be a massive reduction in financial investment around the world and consequent capital repatriation,” Mr. Hart said.
He estimated the amount could be much greater than the US$200-billion repatriated during the safe haven flight at the end of 2008, which reversed part of the US$1-trillion outflow from the previous five years. So while the initial market reaction may have been negative, this suggests that the outcome could eventually be dollar-positive. Of course, there may also be some off-setting capital outflows leaving the United States given the anti-business nature of the plans.
And while the plan will likely be phased in over several years, expect the banking industry to fight back aggressively. In the meantime, investors should focus on the fundamentals, not the headlines.
Jonathan Ratner
