Banking Code shakeup after Royal Commission Final Report – ABA

The Australian Banking Association (ABA), says farmers, small business owners, customers living in remote areas or with limited English and Australians with basic bank accounts will receive new protections under a revamped Banking Code of Practice in response to the Final Report of the Royal Commission.

The new Code, approved by ASIC last year, introduces a range of new measures to make banking products easier to understand and more customer focussed. The Code itself is currently enforceable through the courts and the Australian Financial Complaints Authority as it forms part of a customer’s contract with their bank. 

Of the 76 recommendations, 29 apply to banks, 7 to be taken forward by the Australian Banking Association with the remaining to be implemented by regulators and government. 

The Code represents a stronger commitment to ethical behaviour, responsible lending, greater financial protection and increased transparency. The new changes announced today further increase protections for Australian customers. 

The Code will be updated with key amendments in response to the recommendations of the Royal Commission Final Report, which outlined the need for changes in protection for small businesses and farmers and a greater focus on customers in remote areas and those with limited English. 
 

In addition to changes to the Code, banks also support the Final Report’s recommendation (1.14) for clearer and improved practices for banks assisting farmers in financial distress.

Regarding recommendation 1.10, the current Code definition of $3m total credit exposure was reached after considerable evidence-based consideration about the likely impact on availability of credit and competition in the market. ASIC approval of this clause of the Code is subject to an ASIC review of its operation 18 months after it commences. 

The Royal Commission recommendation to expand the definition from total borrowings of a business to an assessment on a per loan basis regardless of the existing borrowings is a very significant expansion on the current definition which the industry believes should be considered carefully before any change is made.

The industry has serious concerns that this recommendation may have a material impact on access to credit for small business borrowers. 

In finalising the industry position on this recommendation, ABA members will model the impact on their own customers and consult with Treasury, regulators and small business groups.  

Some of the changes outlined in the table will be subject to regulatory approval and banks will work with ASIC, the ACCC and Treasury to ensure these changes are made as soon as possible. 

CEO of the Australian Banking Association Anna Bligh said that the updated Code would create a stronger code for customers.  

“The Royal Commission Final Report is the industry’s roadmap for earning back the trust of the Australian people,” Ms Bligh said. 

“The industry has taken the report and is acting with urgency to ensure lasting reform occurs without delay. 

“The Royal Commission highlighted the need for the Banking Code of Practice to be strengthened to increase protections for small business and increase the accessibility of services for customers in remote areas or with limited English. 

“In addition to the changes to the Code, banks will also deliver greater assistance to farmers through clearer and improved practices when assisting farmers with distressed loans.

“The industry will be implementing these changes to our Code as soon as possible.

“This work will build upon the new Code, approved by ASIC in July last year, which delivers a better banking experience for Australian customers,” she said. 

Labor proposes new bank levy to fund financial rights lawyers

The Australian Labor Party has announced that it will introduce a new levy on ASX100-listed banks to hire more financial rights lawyers and financial counsellors to help victims of financial misconduct, via The Adviser.

Earlier this week, a joint release from opposition leader Bill Shorten, shadow minister for financial service Clare O’Neil and shadow assistant minister for families and communities, senator Jenny McAllister, announced that Labor would look to establish a $640-million Banking Fairness Fund “to revolutionise the services available to Australians in financial difficulty”.

A levy would be placed on the four major banks (ANZ, CBA, NAB, and Westpac) as well as ASX100-listed lenders AMP, Bank of Queensland, Bendigo and Adelaide Bank, Macquarie Bank, and Suncorp Bank to raise $160 million per year for the fund.

On Monday (25 February), the party said it would look to utilise $320 million of the Banking Fairness Fund over the next four years to expand the number of financial counsellors from 500 to 1,000, according to the party.

These new financial counsellors would provide “advocacy, support and advice” to an additional 125,000 Australians each year and help victims of banking and financial service provider misconduct pursue “fair compensation” through AFCA.

Meanwhile, on Tuesday (26 February), Ms O’Neil released a joint announcement with shadow attorney general and shadow minister for national security Mark Dreyfus outlining that the fund would also provide $30 million a year (totalling $120 million over four years) to “expand the financial rights legal assistance sector from 40 lawyers to 240 lawyers across Australia”.

The release reads: “The 200 extra financial rights lawyers will assist victims of bank and financial service provider misconduct by providing legal advice and running complex cases in court and through the Australian Financial Complaints Authority (AFCA).

“When Australians face a fight with their banks, Labor will make sure they are not fighting alone.”

According to the Labor Party, the extra lawyers would be able to service an additional 150,000 Australians per year. Currently, the ALP estimates that around 240,000 Australians are in need of financial rights legal advice every year, but suggested that the sector is currently “only able to service about 30,000 people”.

Labor added that the 200 new lawyers could help more Australians bring claims through AFCA. This builds on Labor’s previously announced plans to quadruple the compensation cap for consumers from $500,000 to $2 million for consumers and remove the $5,000 sub-cap for non-financial loss, should they be brought into power following the upcoming general election.

The Banking Fairness Fund has been proposed by Labor as a means of supporting victims of misconduct and meeting one of the suggestions put forward by Commissioner Hayne in his final report for the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry that there be “careful consideration” of how “predictable and stable funding for the legal assistance sector and financial counselling services” could be best delivered, given the “clear” need for it.

Commissioner Hayne wrote in his report: “The legal assistance sector and financial counselling services perform very valuable work. Their services, like financial services, are a necessity to the community. They add strength to customers who are otherwise disadvantaged in disputes with financial services entities.”

He continued: “[T]here will likely always be a clear need for disadvantaged consumers to be able to access financial and legal assistance in order to be able to deal with disputes with financial services entities with some chance of equality of arms.”

The Labor Party said: “The banking royal commission is a once-in-a-generation opportunity to give Australians the ability to stand up for their rights against the big banks and their well-funded legal teams.

“Labor will make sure that Australians don’t miss out on that opportunity. Labor is proud to support the hardworking financial rights legal assistance sector.”

IMF sounds alarm on Aussie debt bubble

From Investor Daily. An excellent piece by James Mitchell.

The International Monetary Fund has recommended that APRA takes a forensic “deep dive” into the credit risk management frameworks of Australian banks.

The IMF has released its Financial Sector Assessment Program (FSAP) report on Australia. While the comprehensive review was generally positive towards the domestic economy and the role of the prudential regulator, it did warn of key risks to the financial system.

The IMF noted that stretched real estate valuations and high household debt pose macro-prudential risks to Australia. 

“House prices, after rising by about 70 per cent over the past decade at the national level, have now started to decline,” the report said. 

“The price appreciation following the global financial crisis had been even higher in Sydney and Melbourne, where prices had doubled on average over 10 years, though these two cities have also experienced sharper falls in recent months.

“Commercial real estate prices, particularly for office space, also rose sharply in the major cities over the past decade but have shown few signs of cooling as yet. Housing affordability linking incomes to prices is near all-time lows.”

The IMF noted that in recent years, benign credit conditions and the surge in house prices contributed to rapidly rising household leverage. Household debt currently stands at some 190 per cent of disposable income, around 25 basis points higher than in 2012, when the last FSAP report was produced.

The report noted that this is “very high by international standards”. Australian household debt-to-income levels are now almost twice as high as the United States and Japan and exceed the levels in the UK and Canada. 

While macro-prudential measures have contributed to the easing of pressures in the housing market, and a soft landing of the housing market is the most likely baseline, the IMF warned that there are risks of a stronger downturn. 

“A sharp correction in real estate markets could lead to a vicious feedback loop of falling real estate valuations, higher nonperforming loans, tighter bank credit, falling consumer confidence, and weaker growth, as happened during the global financial crisis (GFC),” the report said. 

“The impact on banks would be largely through credit losses as they all carry large exposures to the housing market and to CRE. Additionally, weaker banks could experience an outflow of customer deposits or a significant decline in wholesale funding.”

The IMF has recommended that APRA supervisors should continue scrutinising banks’ underwriting practices, particularly in retail loans (including residential mortgages) and in the commercial real estate lending sector.

Critically, the report recommends that APRA supervisors should consider undertaking periodic deep dives into banks’ credit risk management framework depending on the risks and controls of ADIs.

In addition to house prices and household debt, Australia’s financial system could be significantly impacted by a slowdown in China, the report warned. 

Rising global protectionism could provide one catalyst. 

“While Australian banks’ direct exposure to China is relatively small (about 4 per cent of overall claims), the economy has much larger exposure via the trade channel,” the report said. 

“One-third of Australian goods exports, including 40 per cent of commodities, go to China. Moreover, the growth of services exports to China in recent years has been particularly strong in the areas of tourism and education.

“A sharp slowdown in Chinese growth would lower Australian export revenues markedly. Banks would likely face higher losses on corporate lending, as well as on their broader credit portfolio due to the overall decline in economic activity.”

In its review of the Australian banking sector, the IMF observed that while ADIs are reasonably liquid, profitable and well capitalised, they have oriented their business models towards residential lending in recent years. 

While the IMF noted APRA’s efforts to cool residential lending via macro-prudential measures in recent years, the report noted that “significant structural vulnerabilities persist in the financial system”. 

“Household indebtedness remains very high, while banks’ portfolios continue to be concentrated and heavily exposed to the residential mortgage sector. 

“Banks are exposed to rollover risk on their overseas funding. Wholesale funding dependence has diminished but remains around one-third of total funding, of which nearly two-thirds is from international sources.”

The IMF noted that the Australian tax system provides incentives for leveraged investment by households, including in residential real estate that contributes to the elevated structural vulnerabilities. 

“There are also few signs of cooling in the commercial real estate sector where prices have risen sharply in recent years. While bank exposures to the sector are significantly smaller than to households, the sector is highly cyclical and typically experiences high default rates during severe downturns.”

DFA Blog Under Attack

Since last Friday our blog has been under direct and sustained denial of service attacks from multiple sources. This has resulted in unprecedented traffic to the blog, and the inability to access the site on many occasions.

I am working with my service provider to up the already tight security we have had on the site for the past 5 years.

We will attempt to post when we can, but users may find the site unreachable on occasions.

Meantime, we continue to post direct to YouTube, Twitter and LinkedIn.

We will keep you posted!

15,000 And Counting….

Today we passed 15,000 subscribers on our YouTube channel, and I wanted to thank this amazing and well informed community for helping to achieve this.

I also want to recognise those who have given their time to help me make the content we product, and those who support DFA via Patreon and PayPal.

We will continue to pursue our data drive and objective analysis, and look forward to sharing more high quality content.

In return, please consider sharing our posts via your social media channels to help spread the word.

Truly, the future of our community depends on it! Thanks again…

Another Swipe At Banking Separation

I discuss the latest on the Senate Inquiry into Banking Separation (Glass-Steagall) with Robbie Barwick from the CEC.

We have a significant opportunity to drive the change to benefit Australians and Australia.

Link to CEC release for instructions

Link to Senate Economics Legislation Committee inquiry website

Structure Is A Dirty Word

The Senate has initiated an inquiry into the structural separation of the banks, following the Hayne report, and the bill represented to the chamber.

I discuss the critical issues surrounding this with businessman John Dahlsen, who was a director at ANZ for many years. John and I were both mentioned in the Hansard on this topic!

In our last post we had discussed the outcomes of the Royal Commission and I follow up with questions from that post, in the light of new developments.

There are so many compelling reasons to support structural separation, yet there are powerful forces which will resist the concept.

The bottom line is structural separation would be good for customers, good for shareholders, and good for businesses seeking finance; and reduce the structural risks in the banking system thanks to derivatives and too big to fail. So why is structure a dirty word?

This will help you to prepare a submission to the inquiry when its formally sought!

Chinese Residential Investment Wanes

The Foreign Investment and Review Board (FIRB) published their annual report for 2017-2018.

In 2017-18, there were declines in approvals by both number and proposed investment value for both residential and non-residential sectors.

For the first time since 2012–13, the United States surpassed China as the largest source country for approved proposed investment due to an increase in United States approvals and a decline in Chinese approvals. The United States recorded an increase in approved investment from $26.5 billion in 2016-17 to $36.5 billion in 2017-18, with significant increases in real estate and the manufacturing, electricity and gas sector.

China was the second largest source country following a decrease in approved proposed investment to $23.7 billion in 2017–18 from $38.9 billion in 2016–17. This reduction was due to falls in the value of approvals across all sectors. Over the last five years, Chinese proposed investment peaked at $47.3 billion in 2015–16 and also reached $46.6 billion in 2014–15. While proposed investment will not necessarily translate to actual investment and such datasets are not comparable, International Monetary Fund and Australian Bureau of Statistics data to the end of 2017 indicate that Australia has been impacted to a lesser degree by the decrease in Chinese outward investment compared to similar economies.

By number of approvals, 91 per cent were for proposed investment in residential real estate worth $12.5 billion by value. This was a drop of $17.5 billion from 2016–17 reflecting a slowing in foreign demand for residential real estate.

In residential real estate, there was a decline in New South Wales’ share of approvals, which was offset by increases in Victoria and Western Australia’s shares. The decrease in residential real estate approvals by value was driven by a drop in new dwelling related approvals. Like other similar economies we have seen a decline in proposed investment from China as Chinese authorities have tightened capital controls.

The main driver of the drop by value was a decline in new dwelling related approvals, in particular, in developers seeking exemption certificates that provide pre-approval for foreign persons to purchase new dwellings in developments. However, approvals in the same category were significantly elevated in 2014-15 and 2015-16 at three to four times the average of the immediate years prior.

Consistent with the overarching principle of Australia’s Foreign Investment Policy that proposed investment in residential real estate should increase Australia’s housing stock, 84 per cent of approvals by number were for categories, such as new dwellings and vacant land for development, that contribute to increasing Australia’s housing stock.

While Chinese demand for residential real estate has fallen, China still accounts for a majority of residential real estate approvals.

With major reforms having been made to foreign investment regimes overseas, such as in the United States and the United Kingdom, the Australian Government has enhanced its cooperation with counterpart agencies overseas, particularly in relation to national security developments. The comparatively well-developed nature of the Australian foreign investment review mechanism has been the subject of close scrutiny by other like-minded countries as part of their consideration of addressing national security and other issues relevant to their foreign investment regimes.

More Evidence Of Mortgage Delinquencies Rising

S&P Ratings released their SPIN to December 2018, an assessment of the risks in Australian Residential Backed Mortgage Securitisation Pools.

Overall we see a further rise in delinquencies, other than in Tasmania.

Significantly the 90 day plus arrears are rising, as predicted by our mortgage stress analysis as the slow roasting of mortgage borrowers continues.

Regional banks are also impacted.

Expect more ahead as the pressure continues.