Poles Apart – The Property Imperative Weekly 01 Sept 2018

Welcome to the Property Imperative Weekly to 1st September 2018, our digest of the latest finance and property news with a distinctively Australian flavour.    Locally the bad news keeps coming, while US markets remain on the boil.

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Listen to the podcast, read the transcript, or watch the video show.

NineNews published an article this week, claiming that Sydney and Melbourne dwelling values “may soon rise again” because of a decline in dwelling construction, citing a report saying that the rate of construction is expected to slow down, with the number of new homes built set to fall by up to 50,000 each year.  So they said, that would mean 20,000 fewer homes built across the country each year than the 195,000 needed to meet future demand.

Indeed, the ABS reported this week that building approvals in July were 5.6 per cent lower than in the same month last year.  Total seasonally adjusted dwelling approvals in July fell in New South Wales (-5.2 per cent), Victoria (-4.6 per cent), Queensland (-6.0 per cent), South Australia (-26.5 per cent) and Western Australia (-14.7 per cent). Seasonally adjusted approvals increased in Tasmania by 13.6 per cent. In trend terms, total dwelling approvals in July increased by 4.5 per cent in the Northern Territory and in the Australian Capital Territory (12.2 per cent).

The data shows its high rise apartments which are slowing the fastest (in response to slowing demand from investors) but it is worth noting that the volume of approvals for new detached houses have been tracking around their strongest levels in 15 years. The HIA said that weaker conditions in a number of states have typically been overshadowed by strong activity in Victoria. With Victorian home approvals now showing signs of weakness they expect the national trend – of declining building approvals – will continue throughout 2018.

The HIA also reported on new home sales for July, saying that consistent with the trend for much of 2018, July saw sales fall by 3.1 per cent compared to the previous month. Sales in 2018 thus far are 6.1 per cent lower than in the corresponding time in 2017. The noticeable new trend is that new home sales in Victoria are weakening. Victoria has experienced exceptionally strong conditions, which have been sustained over a number of years, obscuring weaker conditions in a number of other states. With Victorian new home sales now showing signs of weakness we expect the national trend – of declining sales – will continue throughout 2018.

The Sydney market has also been cooling throughout the year particularly in the new growth areas. The high volume of new apartments in metropolitan cities are competing for first home buyers and resulting in a slowdown in new detached home sales. Other regions in New South Wales, such as the Hunter, around the ACT and South and North Coasts, are continuing to see strong growth. They say the market for new home sales across the country is cooling for a number of reasons including a slowdown in inward migration since July 2017, constraints on investor finance imposed by state and federal governments and falling house prices. They expect that it will continue to slow over the next two years due to the adverse factors now starting to take effect the market.

Specifically, they say that finance has become increasingly difficult to access for home purchasers. Restrictions on lending to investors and rising borrowing costs have seen credit growth squeezed. Falling house prices in metropolitan areas have also contributed to banks tightening their lending conditions which have further constrained the availability of finance. An increase in interest rates charged by banks, which had been anticipated, will accelerate the slowdown in sales and ultimately new home building activity.

The latest data from the RBA and APRA confirm the fall in credit, with the monthly RBA credit aggregates for July showing total credit for housing up 0.2% in the month, to $1.77 trillion, with owner occupied credit up 0.5% to $1.18 trillion and investment lending down 0.1% to $593 billion. Investment housing credit fell to 33.4% of the portfolio, and business credit was 32.5%. APRA’s data showed that investor loan balances at Westpac, CBA and ANZ all falling, while NAB grew just a tad. Macquarie, HSBC. Bendigo Bank and Bank of Queensland grew their books, highlighting a shift towards some of the smaller lenders. Suncorp balances fell a little too. You can watch our separate video “Rates Up, Lending Down”, for more on this.

And of course we saw more out of cycle rates hikes from Westpac, who lifted variable rates for owner occupies and investors holding loans with them by 14 basis points – see out video “Westpac Blinks” for more on this – where we discuss the margin compression the experienced, thanks to rising international funding rates (see the BBSW) and the switch from interest only to principal and interest loans.  Then on Friday, Suncorp and Adelaide Bank, both of whom had already lifted a couple of months back, lifted again.  As I said yesterday, what is happening here is that funding costs are indeed rising. But the real story is that they are also running deep discounted rates to attract new borrowers, (especially low risk, low LVR loans) and are funding these by repricing the back book. This is partly a story of mortgage prisoners, and partly a desperate quest for any mortgage book growth they are capture. Without it, bank profits are cactus.  Once again customer loyalty is being penalised, not rewarded.  Those who can shop around may save, but those who cannot (thanks to tighter lending standards, or time, or both) will be forced to pay more

Damien Boey at Credit Suisse, writing before Suncorp And Adelaide Bank moved again said Westpac was the latest of the banks to hike variable rates across new and existing customers, following similar moves from BOQ, BEN, MQG and SUN over the past few months. Not only are out of cycle rate hikes broadening out across the system – we think that they will continue to broaden out across the majors, and become a recurring theme. This is because:

  1. Money market rates are a significant driver of the marginal cost of funds. Arguably, the banks that have hiked out of cycle to date have been more exposed to money markets than the banks that have not. Therefore, money market stress has had a bigger impact of their profitability, putting more pressure on them to hike rates. However, if there are question marks about why certain systemically important banks are facing liquidity or credit problems, then funding costs must inevitably rise for everyone, even if we are only talking about small, but fat tail risks. Also, RBA research suggests that as rates approach the zero bound, the relative cost of no/low fixed rate deposits increases to the point that perversely, margin pressures can emerge.
  2. Interbank spreads should be negligible unless … If a central bank targets a cash rate like the RBA does, it must be willing to provide any and all reserves that the banking system needs. In other words, it must be the lender of last resort. And if it is possible to obtain reserves from the RBA in almost any situation, there should be no need to borrow them from other banks. In turn, the spread of bank bill swap rates (BBSW) to overnight indexed swap rates (OIS, the risk free rate), should be negligible. Unless of course, there is counterparty credit risk over and above liquidity risk. Interestingly, the RBA has gone out of its way recently to remind the market that it is indeed the lender of last resort. But the BBSW-OIS spread remains elevated at European crisis highs, around 45bps.
  3. Wide interbank spreads are hard to explain using conventional factors. For as long as there is a pricing premium mystery, there is no visible end to the cycle of out of cycle rate hikes. Interestingly, in its August Statement on Monetary Policy the RBA provided some alternative explanations for wide interbank spreads, after witnessing the USD liquidity narrative break down in recent months. But even Bank officials do not find these explanations convincing. Therefore, the mystery remains unresolved.
  4. The marginal funding cost drives the change in the average funding cost. Therefore, we do not need to forecast further increases in the BBSW-OIS spread to have conviction that banks will continue hiking rates out of cycle. We only need to know that the BBSW-OIS spread will persist at wide levels. Again, for as long as there is uncertainty about why the spread is so wide to begin with, it is hard to argue with conviction that spreads ought to narrow and normalize.

Even after some banks have hiked rates out of cycle, we still think that in aggregate there are more than 50bps of variable rate mortgage hikes in the pipeline based on already known developments in the money market. But the RBA only has 1.5% worth of rate cut ammunition left in its bag of tricks.

This means that the RBA has lost some autonomy over the monetary transmission mechanism, because effective borrowing rates can rise independently of the cash rate. In particular, Australian-US yield differentials are likely to further invert, undermining the carry trade appeal of the AUD/USD. The Fed still seems quite determined to hike rates. But the RBA is unlikely to be matching the Fed’s hawkishness given the slowdown in train, and given what the banks are doing to rates and credit supply.

So we are in for a period of more out of cycle rate rises, as well as tighter lending standards. No surprise, then that refinance rejections are rocketing, as we reported this week, and mortgage prisoners are getting locked in.  The ABC story even got picked up by ZeroHedge in the US.

So back to that NineNews report, they missed completely the real reason why home prices are falling, it’s all about credit availability.  Lending standards are tighter now – borrowing power is reduced, and so new loans are only available on tighter terms. If you want to understand the link between credit and home prices, which is still not widely understood, I recommend you watch my recent conversation with Steve Keen, who explains the mechanisms involved, and the policy failures behind them. See “Are Icebergs Fluffy? … A Conversation with Steve Keen”. This show has already become one of the most popular in the site, and it is really worth a watch.

The upshot though is home prices are likely to continue to fall. CoreLogic’s dwelling price index showed another fall in August, recording a 0.38% decrease in values at the 5-city level. This is the 11th consecutive monthly decline in home values, down a cumulative 3.4% over that period at the 5-city level: Quarterly values also fell another 1.3% In the year to August, with home values down by 3.09% at the 5-city level, driven by Sydney (-5.64%). Significantly, Perth’s housing bust continues to roll on, with dwelling values now down 13% since peaking in June 2014 after falling another 0.6% in August: the cumulative loss in values at 13% is greater than the 11.5% peak-to-trough falls experienced between 2009-09, and the duration of the downturn has hit 50 months – more than twice as long as prior downturns. Plus, rents there have similarly fallen, with median asking rents down 29% for both houses and units since June 2013.

My theory is, where Perth has gone, other centres are likely to follow as the great property reset rolls on. Melbourne and Victoria is deteriorating significantly, and remember there net rental yields are some of the lowest across the country. No, prices are not likely to recover anytime soon.

And if you want further evidence, auction clearance rates remain in the doldrums.  It is interesting to see now the main stream media is beginning to talk about this, and I have been busy this week with interviews on Radio Melbourne, 2GB and elsewhere. Remember this is only the end of the beginning. I continue to believe 2019 will be a really bad year, what with more rate hikes, interest only loan switches, and decaying sentiment. As one industry insider told me this week, “some of my property investor clients have decided to try and sell before the falls bite”. It may be too late.

And to add to the mix, ABC’s Michael Janda wrote an excellent piece this week on the advantage some large banks have with regard to how APRA assesses their capital base.  The big four banks between them hold around 80 per cent of all Australian home loans. There are many factors that have led to this extreme market dominance: economies of scale, better credit ratings and an implicit Federal Government guarantee — all of which are linked. But the major banks — plus Macquarie and, recently, ING — also enjoy a regulatory benefit that is little known outside the financial sector, but provides a substantial competitive advantage. “The average capital risk weights of the standard banks is around 39 per cent, the major banks average around 25 per cent, and the actual cost [difference] of that equates to around 15 basis points in margins, so it’s not insignificant at all,” the chief executive of second-tier lender ME Bank, Jamie McPhee, told The Business. Those 15 basis points, or 0.15 percentage points, either have to be added onto the interest rate of mortgages that ME Bank and other smaller lenders offer or they take a hit to their profit margins.

For regional banks on the “standardised” system, the safest high-deposit, fully documented housing loans are considered just 35 per cent at risk, meaning they only have to hold $35,000 in capital on $1 million home loan. However, the major banks, plus Macquarie and ING, are allowed to set their own risk weights, using internal financial modelling under the internal ratings-based (IRB) approach. Until the Financial System Inquiry (FSI) there was no floor on how low these could be — a couple of the major banks were averaging less than 15 per cent on mortgages, meaning they held less than $15,000 in capital to protect against losses on $1 million home loan. Smaller banks have ‘disadvantage baked in’. However, on recommendations from that inquiry, the bank regulator APRA introduced a floor of 25 per cent on the average mortgage risk weight for these banks. That still leaves a significant difference between the amount of capital the big banks hold and what the smaller banks have to put aside.

APRA continues to argue that these more sophisticated banks deserve benefit from their investment in more advanced management systems, and yet APRAs recent reviews suggest significant issues. Here is a recent discussion between Senator Whish-Wilson and APRA Chair Wayne Byers discussing in a Senate committee hearing in May the outcomes from their targeted reviews of major bank lending practices in 2017, but only released publicly through the royal commission process earlier this year.

This casts doubt on whether the big four actually live up to the theory of having better risk assessment and management than the smaller banks. Is APRA still captured we ask, and should the playing field be levelled. We continue to think so.

So now to the markets. Locally, Bendigo and Adelaide Bank fell 0.26% on Friday to 11.59, Suncorp rose 0.06% to 15.49, Westpac fell 0.38% to 28.54, well down from a year ago, despite the mortgage rate hike, and CBA fell 1.26% to 71.24. More are getting negative on the banks, given recent events.  The ASX 200 fell 0.51% to 6,319, just off its highs, as the financial sector fell away.  The Aussie continues to fall against the US dollar, down a significant 0.96% to 71.93, and we continue to expect more weakness ahead.

Sentiment is rather different in the US markets, with the 10-year rate still elevated, and the gap to the 3 month Libor very narrow, as we discussed before a potential harbinger of a recession later. But the US stock markets remain in positive territory.  The Dow Jones Industrial Average fell 0.09% to 25,964, still below its peak in February. The S&P 500 passed a new record in the week, and ended on Friday at 2,901.  The VIX was down again, falling 4.95% to 12.87, indicating the market is risk off at the moment.  The US Dollar Index Futures was up 0.43% to 95.05.

That said, the burst of optimism about trade in the market during the week, didn’t last until the closing bell on Friday. The U.S. announced a bilateral deal with Mexico on Monday. But tension built throughout the week as the U.S. announced there was a Friday deadline to bring Canada into a newly-revamped NAFTA. The U.S. and Canada missed that deadline, but announced that talks would resume next Wednesday, leaving the market facing more wait-and-see trading days. There was also drama during Friday’s discussions after the Toronto Star reported that Trump told Bloomberg off the record he had no plans to give any concessions at all to Canada. The president appeared to later confirm that stance in a tweet, saying Canada now knows where he stands.

Trade worries spread beyond North America, though. Trump told Bloomberg he was prepared to withdraw from the WTO if necessary. And he plans to move ahead with tariffs on $200 billion in Chinese imports as soon as a public-comment period concludes next week. China’s foreign ministry said Friday that the U.S. putting pressure on Beijing would not work.

The Yuan rose a little against the US Dollar, but remains way down on a year ago.

Meantime retail earnings dominated the calendar this week, leading to strong stock movements in the low-volume environment. The S&P Retail index ended up slightly for the week.

Among big movers, Abercrombie & Fitch stock plummeted on second-quarter revenue and same-store sales missed estimates. Best Buy stock tumbled despite better-than-expected second quarter revenue and earnings as online sales slowed and the company warned that it is “expecting a non-GAAP operating income rate decline in the third quarter.” And Tiffany & Co spiked on second-quarter results and strong outlook, but then tumbled in later sessions.

In tech, Tesla shares started the week with a quick drop and finished it lower as it scrapped plans to go private. CEO Elon Musk wrote in a blog late last week that he would not move forward with a plan to take the company private, noting that after speaking with retail and institutional shareholders that “the sentiment, in a nutshell, was ‘please don’t do this.’”

Musk had surprised the market out of the blue, tweeting he was thinking of taking the company private at $420 per share and had funding secured. The SEC was interested in whether the tweet was designed in a way to punish short sellers, according to reports.

The NASDAQ rose 0.26% to 8,109.5 in record territory driven by the booming sector.

Data out this week illustrated two contrasting segments of the U.S. economy, one stronger and one weaker. Economic indicators on the consumer side remained very strong. The Conference Board’s index of consumer confidence increased to 133.4 this month, compared to a reading of 126.7 forecast by economists. That was its highest level since October 2000. The University of Michigan’s August consumer confidence index was revised up to 96.2 from its preliminary measure of 95.3. And consumer spending, which accounts for more than two-thirds of U.S. economic activity, rose 0.4% last month, matching June’s reading and analyst forecasts.

But the National Association of Realtors said its pending home sales index, which measures signed contracts for homes where transactions have not yet closed, fell 0.7% to a reading of 106.2 after rising by a revised 1.0% in the previous month. Economists had forecast pending home sales rising 0.3% last month. So more questions on the housing sector ahead.

Oil closed out the month higher as traders balanced expectations of crude supply losses with the potential of trade wars denting global demand. China, the world’s largest commodity importer, has seen economic growth dwindle since the trade war with the U.S. kicked off, and a further escalation could dent growth, forcing Beijing to rein in crude imports. Oil prices ended the month nearly 2% higher on bets on renewed global supply shortage as U.S. sanctions on Iran’s crude exports are expected to reduce crude from market, underpinning higher crude prices. Both WTI and Brent crude are expected gain on a potential slump in Iranian exports, although gains in WTI prices will be limited as the refinery maintenance season is set to get underway. Oil prices were helped earlier in the week by an EIA report showing crude oil stockpiles fell much more than expected.

Gold moved a little higher this week, ending up 0.16% on Friday to 1,206, Bitcoin lifted 1.23% to 7,029

So, we can see a significant divergence between the local market here, dragged down by negative sentiment on banks and housing (and the increasing realisation of more issues ahead) and the US where stocks are at the highs despite the building risks from higher corporate debt and the yield curve inversion.

The two markets are poles apart.

CIF to propose ‘customer first duty’ for brokers

The Combined Industry Forum has agreed “in principle” to extend its good consumer outcomes requirement to incorporate a “conflicts priority rule” as a “customer first duty”, via The Adviser.

In its interim report, released on Monday (27 August), the Combined Industry Forum (CIF) stated that throughout 2018, it has been considering ways to build upon its good customer outcomes reforms published in its response to the Australian Securities and Investments Commission’s (ASIC) review into mortgage broker remuneration.

In its review, ASIC noted that a broker would satisfy the requirement if the “customer has obtained a loan which is appropriate [in terms of size and structure], is affordable, applied for in a compliant manner and meets the customer’s set of objectives at the time of seeking the loan.”

However, the CIF has proposed that the provision could be extended to include a “conflicts priority rule”.

“The ‘conflict priority rule’ could be formulated as a requirement for the customer’s interests to be placed above the providers, or those of their organisation, based on the information reasonably known to the provider, at the time of providing the service,” the CIF noted.

“The effect of this approach would be a requirement to place the customer’s interests first. The combination of the good customer outcome definition and a customer first duty allows both an easy to follow principle – put the customer’s interests first – and structure to follow for brokers when assessing loan suitability.”

The CIF added that further governance metrics could be built for “monitoring and oversight”.

However, the CIF acknowledged that the development and application of the customer first duty is “multifaceted and complex”, noting that “there may be unknown impacts”.

“These include the potential for limiting access to credit, and a disproportionate impact on smaller and regional lenders if lender panels require rationalisation,” the CIF continued.

The CIF noted that it had “not yet settled on a final position”, but claimed that the reform should be underpinned by the following principles:

  • placing the customer first, and having ‘good’ consumer outcomes at the centre of its approach
  • fit-for-purpose for the mortgage broking industry, considering the nature of services provided, the form of conflicts of interests inherent to the industry, the current evidence of risks to customer outcomes, and considering the current regulatory framework
  • promoting competition, and ensuring that no part of the value chain is unfairly disadvantaged
  • all parts of the value chain will have a role to play to support the implementation and monitoring the customer duty
  • providing transparency for all participants, and
  • promoting simple, achievable solutions. Finally, the CIF is aware that there is merit in moving a customer first principle from an implicit expectation, to an explicit statement that a customer and mortgage advice provider can easily understand.

The CIF concluded that it is “aware that there is merit in moving a customer first principle from an implicit expectation, to an explicit statement that a customer and mortgage advice provider can easily understand”.

The report also outlined CIF’s progress in implementing other reforms proposed in its response to ASIC, which include the standardisation of commission payments, the removal of bonus commissions, the removal of “soft dollar payments”, and the drafting of the “Mortgage Broking Industry Code”.

No more volume-based bonuses for mortgage brokers

The ABA says that Australia’s mortgage broking industry has ended the use of volume-based bonus commissions, campaign-based commissions, and other volume-based bonus payments. This is one of the main findings of an interim report prepared by the Combined Industry Forum.

In making these changes, the industry has responded to concerns that the previous structure of incentives risked customers being encouraged to borrow more than they need.

The move follows findings of ASIC’s Review of Mortgage Broker Remuneration and the Australian Banking Association’s Sedgwick Review which identified there was a risk with volume-based incentives.

Volume-based incentives in residential mortgage lending were also identified during the Royal Commission as not meeting community standards and not delivering the best results for customers.

The Combined Industry Forum has been working with the industry since May 2017 to facilitate progress of the adoption of ASIC’s recommendations.

“The work of the Combined Industry Forum shows how the industry is committed to reform and to raise the bar in support of good customer outcomes,” Chair of the Forum, Anthony Waldron, said.

“Mortgage brokers enable greater access and affordability for all consumers to lending, and these changes are a positive step towards setting new standards and shaping the future of the broking industry.”

CEO of the Australian Banking Association, Anna Bligh, said the interim report outlined important changes which would help refocus the industry on producing strong outcomes for its customers.

“The ASIC Review, the Sedgwick Review, the Productivity Commission and the Royal Commission have all shown us that the industry has a problem with these types of payments that may encourage customers to borrow more than they need,” Ms Bligh said.

“These types of payments present a risk that brokers will place customers with lenders for the wrong reasons.

“By addressing these types of incentives, the industry has acknowledged their failings and taken responsibility to fix the problems to ensure Australian customers are receiving high quality advice,” she said.

Mortgage and Finance Association of Australia CEO, Mike Felton, said he was pleased with the progress made by the industry as outlined in the interim report, noting that the industry has taken decisive action on this key issue and other recommendations raised by ASIC and the Sedgwick review.

“I am particularly pleased with the progress made this year. This move gives consumers continued confidence that recommendations from brokers are not biased towards a particular lender,” Mr Felton said.

“The abolishment of volume-based bonus commissions by members is a significant milestone for the industry. I look forward to continuing our work with industry and consumer groups as we implement additional reforms in response to ASIC’s Report,” he said.

Finance Brokers Association of Australia Limited (FBAA) Executive Director Peter White said the change was a fantastic outcome.

“Moving away from campaign based incentives and other volume-based bonus payments is an important step in addressing community concerns about remuneration practices in the mortgage broking industry,” Mr White said.

“Scrapping these bonuses that encouraged a focus on sales is an important step for the industry and demonstrates its commitment to change while also maintaining healthy competition.

“Each member of the Combined Industry Forum is committed to driving change and to ultimately rebuilding trust with our customers,” he said.

The industry has begun overhauling agreements between providers and brokers to remove discount or ‘free aggregation’ for specific loans. This will substantially reduce incentives for brokers to sell loans from one particular provider. This work will be completed by the end of the year.

These changes are part of a package of reforms recommended by the Forum at the end of last year, which includes further changes to the standard commission model, a new regime for controlling and disclosing non-monetary benefits, and improved public reporting and disclosure requirements.

As part of the commitment made by the Forum, Treasury and ASIC have been briefed on the interim report.

Royal Commission Moves On To Insurance

The Royal Commission in Financial Services Misconduct has announced that the sixth round of public hearings will focus on the Insurance Industry and will be held in Melbourne from Monday 10 September to Friday 21 September.   AMP, CommInsure, IAG and Youi are among the case studies to be considered. More grief for the industry we suspect as more bad behaviour is uncovered!

The sixth round of public hearings will consider issues associated with the sale and design of life insurance and general insurance products, the handling of claims under life insurance and general insurance policies, and the administration of life insurance by superannuation trustees. The hearings will also consider the appropriateness of the current regulatory regime for the insurance industry.

The Commission presently intends to deal with these issues for the purposes of the public hearings by reference to the case studies set out below. These include the natural disaster case studies that were originally to have been examined in the fourth round of public hearings. Entities are named in alphabetical order and not in the order in which the evidence of those entities will be heard.

  Topic Case Studies
1. Life insurance
  • AMP
  • ClearView
  • CommInsure
  • Freedom Insurance
  • REST
  • TAL
2. General insurance
  • AAI (Suncorp)
  • Allianz
  • IAG
  • Youi
3. Regulatory regime
  • Code Governance Committee
  • Financial Services Council
  • Insurance Council of Australia

During the hearings, evidence will also be given by consumers of their particular experiences. The entities that are the subject of consumer evidence will be informed by the Commission.

AMP Names New CEO

Former Credit Suisse South East Asia chief executive Francesco De Ferrari has been named as AMP’s new boss.

AMP has announced this morning that Mr De Ferrari would take over from Mike Wilkins, who had been acting as interim CEO since April.

Prior to joining AMP, Mr De Ferrari spent 17 years at Credit Suisse where he served as chief executive, South East Asia and frontier markets, as well as heading up private banking in Asia Pacific.

The appointment means Mr Wilkins will work with Mr Ferrari during the handover period and be returning to the board as a non-executive director.

AMP chairman David Murray said Mr De Ferrari was an “outstanding leader with a strong track record in international wealth management and extensive experience in redesigning business models to drive turnaround and growth”.

The AMP board had conducted “an extensive global search” in order to find a suitable leader, Mr Murray said.

“Francesco is a proven change agent who will bring the strategic acumen and expertise to spearhead the transformation needed in our business.”

The AMP chairman added that Mr De Ferrari had established “a culture that balanced the interests of clients, shareholders and all other stakeholders” during his time at Credit Suisse.

“His experience of transforming and driving growth in businesses in Asia and Europe will be invaluable as he addresses the significant challenges facing both our business and the wider financial services sector in Australia.

“We have designed a remuneration structure to drive the recovery of AMP and recognise the degree of challenge in the task ahead.

“His remuneration and incentives are directly aligned with the interests of shareholders. With his track record of commitment to clients and business performance, I have no doubt Francesco is the right person to lead the recovery of AMP and set the strategy for future growth.”

Commenting on his own appointment, Mr De Francesco described AMP as an “iconic Australian company with strong, market-leading positions in wealth management, insurance and asset management” and said he felt privileged to be selected to the role.

“Throughout its history, AMP has been driven by a strong sense of purpose, helping customers plan for tomorrow and supporting them through the critical moments of their lives.”

He also noted that 2018 had “clearly been a challenging year for the business”.

“I’m confident we can earn back trust which will underpin the recovery of business performance.

“I’m encouraged by the process of change already initiated by the board, and I’m committed to accelerating this change, while maximising the opportunities we have both in Australia and internationally.

“I am excited by the opportunity and am looking forward to working with board and the team at AMP to restore the company to a position of strength and drive its future growth.”

APRA Polices Banking Words

The Banking Act 1959 (Banking Act) places restrictions on financial businesses using certain words and expressions related to banking. APRA just released some updated guidelines.

Under sections 66 and 66A of the Banking Act, only persons that have been granted approval by APRA can use the following words or expressions in Australia in relation to their financial business (unless an exception in the Banking Act applies):

  • ‘bank’, ‘banker’ and ‘banking’;
  • ‘building society’, ‘credit union’, ‘credit society’ and ‘credit co-operative’;
  • ‘authorised deposit-taking institution’; and
  • ‘ADI’ (except where these letters are used as part of another word).

Similar words and expressions, whether in English or other languages, are also restricted. These restrictions apply to any ‘financial business’, meaning a business that includes or relates to the provision of financial services, whether or not in Australia.

APRA only grants permission for financial businesses that are not authorised deposit-taking institutions (ADIs) to use these restricted words or expressions in very rare or unusual circumstances.

If your business is a financial business that is not an ADI, and you wish to use a restricted word or expression, you need to make an application to APRA for approval.

If your business is not a financial business and you propose to use a company name or business name that contains a restricted word or expression, you are still required to obtain confirmation from APRA that section 66 or 66A does not apply before registering the name with the Australian Securities and Investments Commission (ASIC).

Under the Banking Act, there is no restriction on an ADI using the restricted expressions ‘authorised deposit-taking institution’ and ‘ADI’. An ADI is also permitted to use the restricted words ‘bank’, ‘banker’ and ‘banking’ unless APRA determines otherwise. Applicants for authorisation as an ADI should contact APRA about the circumstances in which it may be permissible to use a restricted word or expression.

It is an offence for a person to use a restricted word or expression in Australia in relation to a financial business, except where APRA has granted a consent or exemption, or where a statutory exception applies. The penalty for this offence is 50 penalty units for each day that a restricted word or expression is used. At the time of publication of these guidelines, 50 penalty units is equivalent to $10,500 for an individual and $52,500 for a corporation.

APRA has granted the following types of financial businesses a class consent under section 66, allowing them to use certain restricted words or expressions:

  • building societies;
  • credit unions;
  • trustees of ADI staff superannuation funds;
  • foreign banks issuing securities in parcels not less than $500,000; and
  • offshore banking units.

Time, money and ASIC ‘impeded’ APRA

The main issue with taking legal action against rogue super funds is that the process costs time and money, APRA has told the royal commission, via Investor Daily.

APRA’s Helen Rowell was the first witness to take the stand on Friday 17 August, where counsel assisting Michael Hodge was quick to try and gain insight into APRA’s role as a regulator of the $2.6 trillion superannuation sector.

Mr Hodge asked whether APRA would ever commence litigation against trustees, to which Ms Rowell explained that this is a “potential” action, but that other methods would be preferable, such as an enforceable undertaking.

One of the criticisms that has been made by the Productivity Commission in its draft report of APRA is that the “behind closed doors” nature of its activities is not effective for achieving what Mr Hodge called “general deterrence”.

Ms Rowell disagreed that APRA works behind closed doors but admitted the that no corporate trustee has been required to give an enforceable undertaking in relation to superannuation in the last 10 years.

In her statement, which was referenced by Mr Hodge during his questioning, the APRA deputy chair was asked a question by the Commission to explain any practical limitations or impediments on APRA seeking disqualification orders pursuant to section 126H of the SIS Act.

Ms Rowell’s statement included three impediments.

The first impediment is the resources and expense of gathering sufficient and admissible evidence in the form that would be required by a court. She noted that APRA does not have power to recoup costs of an investigation.

“The second point you make is the legal costs of the court process,” Mr Hodge read. “And then the third point is about the length of time involved with court processes.”

Mr Hodge asked Ms Rowell what the basis is for her judgment that court processes take a long time.

“Our previous experience in dealing with matters through relevant tribunals such as the AAT and observation of other court processes that occur in the wider financial sector,” she replied.

However, Mr Hodge highlighted that APRA hasn’t had any experience dealing with superannuation companies in the courts in the last 10 years.

APRA ‘waiting’ for ASIC

Later, Mr Hodge turned to the question of responsibility. The counsel assisting was eager to identify what action APRA was taking when breaches occur.

“Is there a limitation period on commencing a civil penalty proceeding for a breach of the sole purpose test?”

“I don’t know,” Ms Rowell replied.

Mr Hodge then asked whether APRA had received any suggestion from ASIC that ASIC will commence public enforcement action in relation to ‘fees for no service’.

“I don’t know the answer to that question,” Ms Rowell said.

Mr Hodge asked if it is satisfactory, from the perspective of APRA as a matter of general deterrence, that no proceeding has ever been commenced against a trustee on the basis of a contravention of the sole purpose test where the trustee is deducting money from members’ accounts and paying it to related party advisers who are not providing a service.

“I think it’s too early to form that conclusion because that work is ongoing and APRA has not made any final decisions about what action it may or may not take ultimately in relation to that matter,” Ms Rowell said, adding that APRA is allowing ASIC to complete its work and review.

“When you say APRA is waiting to see what ASIC will do,” Mr Hodge probed, “has there been any consideration at all within APRA in relation to this issue to date?”

Ms Rowell responded: “There has been discussions with individual entities and – on the matter and seeking to get a complete understanding of the issues as they pertain to the individual entities. There would be general discussions occurring at APRAs internal committees about, you know, what the issue was and what was being done to address it, and – and those sorts of things. As I said, I don’t believe that we have made any conclusions at this stage as to what further action, if any, we might wish to take.”

The Million Dollar Man Who Is Waiting For The Bubble To Burst

In the latest edition of my discussions with economist John Adams, we look at recent RBA monetary policy, and conclude is not fit for purpose.

Despite all the hype, the next cash rate move could well be down, as the bursting debt bubble approaches.

John’s original article is here.

 

Broker group established to respond to regulators

From the Sedgewick report, to the Productivity Commission and ASIC’s investigations, brokers – particularly their remuneration – have been under fire from all corners; via Australian Broker.

Now, a cohort of industry execs have come together to help the industry unite through a dedicated forum.

The Mortgage Industry Forum (MIF), is backed by 16 founding members from Yellow Brick Road, Foster Finance, Mortgage Success, Shore Financial, ALIC, Intelligent Finance and Loan Market, among others.

Revealing the details during a National Finance Broker Day event in Sydney, YBR executive chairman Mark Bouris said, “This is important. It’s about time we reacted and there is something happening, that I’m involved in, and I would be happy for you to join us.”

Reiterating that MIF is “not against ASIC” or intending to become a competitor to the MFAA or FBAA, the group is intended to be “adjunctive to the Combined Industry Forum”.

Bouris continued, “The objective is to assess all the recommendations that are being made about us as an industry

“I paid for it, we meet every week or two and we cull through every recommendation that has been made by the CIF, Sedgewick, every recommendation from the Productivity Commission, ASIC and anybody else who matters,” he added.

MIF has written and submitted its own report to Treasury and the royal commission, which contains industry observations and recommendations from the broker perspective, with a heavy focus on protecting trail commissions.

Bouris explained, “We are trying to build a case for brokers so we, as a segment of the market can hand over …. a document to show how we should be regulated or managed around fee structures, our obligations, our transparency, training and compliance for the future. “

Next, a survey of broker input on the six CIF recommendations – available for all brokers to contribute towards through MIF’s Facebook page – will also be taken to key decision makers.

“We need to take to the government a document that will say, of the 17,000 brokers in this country, this many support all the recommendations. Otherwise all we have is people speaking for us, on our behalf, and that doesn’t work,” Bouris continued.

In addition to gauging sentiment, the group will also make practical suggestions as to how brokers can demonstrate the ongoing work they do in return for trail commission. Further, the group will also suggest new tools to support compliance and best practice.

Among the ideas floated, Bouris revealed an idea for a broker app that records client conversations and uploads them to a cloud accessible by ASIC, banks, aggregators and other key players in monitoring and compliance.

Adding that he believes the chances “right now are 50/50” that remuneration structures will change, Bouris said, “If 20% of our income is lost, the industry will collapse and if our industry doesn’t survive, the banks will just get stronger.”

He added, “We are the easy ones to target. We are fragmented. Banks have teamed up together and they have massive balance sheets and lobby groups, they are politically connected and they are the biggest tax payers in the country – so nobody is going to hurt them.

“If you don’t support the group and something happens that isn’t in your favour, you have only yourselves to blame. Something radical could happen – I’ve seen it happen in the past.”