interessantissimo report di fitch
Banks/Global
Fitch Sees Elevated Risk of Bank Hybrid Capital Coupon Deferral in 2009
Fitch Ratings believes that the coupon deferral risk of bank hybrid capital instruments has increased materially for the banks most under pressure in the current crisis. Significantly compressed operating earnings, including the growing universe of companies reporting outright losses, have been the primary factor in elevating the risk of banks being able to service their most subordinated obligations. Some rated entities have added hybrids in recent quarters to help shore up capital in the face of recent operating losses and to provide a buffer to absorb expected future losses or weak earnings. While the additional capital is helpful in some respects, the additional debt service burden created heightens the risk for these entities as well and may hasten the onset of the hybrid instruments exhibiting their equity characteristics
in the form of becoming more permanent (call options not being exercised) or serving as a source of capital preservation via the issuers implementing the deferral feature available. Fitch also considers that the high level of government support provided to banking systems and, within them, to particularly troubled institutions complicates and, indeed, potentially materially increases the risk that coupons on hybrid instruments will be deferred.
Fitch has never assumed that support would be forthcoming for such instruments and included commentary to this effect in its criteria report “Support Ratings and the Rating of Bank Hybrid Capital and Preferred Stock” (July 2005). Fitch stated: “Fitch believes that it would not be prudent to assume that sovereign support will always be forthcoming for hybrid capital instruments” and further noted that
the “introduction of greater discretion under Pillar 2 of Basel II for regulators to intervene proactively to safeguard a bank’s capitalisation potentially increases the uncertainty, and hence the risk, surrounding the imposition of loss absorption.” The motivation and incentives for regulators to “intervene proactively” are undoubtedly greater than at any point in recent history.
Under the July 2005 criteria, banks whose senior debt ratings are driven by support have their hybrid ratings determined by the level of their Individual Rating, under an “additional notching” formula.
Crucial to arriving at the hybrid rating is determining the appropriate starting point for the notching.
The July 2005 criteria make clear that where a bank has a higher support floor than ‘A−’ (as now is the case for several major banking groups), then this has to be discounted back to ‘A−’ as the starting point from which to notch. Fitch is maintaining this approach although is applying it in a more conservative way at the lower levels of Individual Rating (i.e. resulting in lower hybrid ratings). Fitch believes that the current exceptional circumstances merit this more conservative application of the
existing criteria, especially given the fact that the regulatory considerations (see below) in respect of hybrid capital are not fully captured in the Individual Ratings. Fitch will evaluate in due course whether a permanent change in this respect is required. Although the focus of this comment is major developed‐market banks, the major issuers of hybrid capital, the principle of delinking hybrid capital ratings from senior debt ratings where government support comes in to play, or is expected to come into play, applies to Fitch’s entire universe of bank ratings.
Fitch regards a deferral on a hybrid instrument as non‐performance from a ratings perspective, even though the terms and conditions of such issuance allow/require coupon deferral under certain conditions, up to and including full management optionality and regulatory discretion. Deferral will lead to the assignment of instrument ratings consistent with non‐performing obligations, typically in the low ‘B’ to ‘CCC’‐‘C’ range. Loss expectations will be derived from a combination of the expected duration of the coupon deferral and the cumulative versus non‐cumulative nature of the instrument.
In response to the heightened risk of hybrid coupon deferral and, in extreme cases, outright principal loss, Fitch has already taken rating actions that have widened the number of notches between the Issuer Default Rating (IDR) and the rating assigned to the hybrid and preferred instruments for select issuers. In cases where the issuer still exhibits a degree of reasonable financial resources and financial flexibility to
service the obligation, but the ability to service hybrids has been clearly reduced and the potential for adverse regulatory intervention has increased, the hybrid ratings have been lowered. These are cases where weakened financial performance is clearly evident. The level of actual operating earnings is clearly under pressure and the prospect for future levels is weak as well. In most of these cases the government
has already responded with capital injections and other forms of explicit support. The addition of capital from the government certainly helps reduce the risk of insolvency and the risk that market confidence would erode to the point of having liquidity sources evaporate quickly. However, the level of influence that governments and regulators can exert over these institutions has also risen materially, even in the absence of effective control.
Given the level of uncertainty and opaqueness surrounding the deferral decision process, especially as it potentially involves not only regulatory considerations but also political considerations concerning the deployment of taxpayers’ money, and the possibility that the situation regarding bank hybrid capital could change very quickly, Fitch will likely maintain downgraded hybrid capital instruments on Rating Watch Negative. Clearly for those instruments rated in the low‐investment‐grade category, the
Rating Watch Negative indicates that a further downward move into sub‐investment grade is a real possibility.
The following table broadly summarises the way Fitch is currently viewing the large generally systemically important issuers of bank hybrid instruments, and the rating implications for those banks’ hybrids. These are banks which will typically have a Support Rating of ‘1’ and a Support Rating Floor of ‘A−’ or higher.
Central to this matter is the question of the extent to which the government support that has flowed — and will, in Fitch’s opinion, continue to flow — in the world’s banking systems can be relied upon to extend to existing holders of deeply subordinated bank capital instruments. Fitch acknowledges that the current dynamics of the debate over government support are not entirely straightforward, with recent actions varying greatly as to the extent of support provided to hybrid instruments. At the outset of the crisis in late summer of 2007, the German bank IKB imposed losses on its hybrid investors, both in the form of coupon deferrals and principal write‐downs. Northern Rock saw its traditional preference shares nationalised (we still await any indication as to whether any compensation will be paid) while other
innovative hybrid capital instruments remain current despite a full year in state ownership. Fitch understands that the action on the Northern Rock preference shares was more to do with the avoidance of having any minority voting rights in the nationalised entity than any desire to impose losses on a particular level of the capital structure. In the US, the preferred investors in Fannie Mae and Freddie Mac were materially economically disadvantaged by the injection by the Treasury of preferred stock that ranked senior to the existing preferred instruments; yet in more recent cases of government infusions of capital into banks, coupon deferrals have not been imposed. In Europe there is the additional complication of the
role of the European Commission in approving, and setting conditions on, state aid packages to ailing banks. This appears to have played a role in the decision by Bayerische Landesbank to defer coupon payments on all its bank capital instruments unless contractually obliged to make the payment. It would appear to Fitch to be fair to say that regulators, certainly in the latter part of 2008, were largely, and understandably, reacting to events on a case‐by‐case basis and that the rules of the game were in a state of flux. Although the state of panic that engulfed the market after the collapse of Lehman Brothers has largely abated, the future performance of bank capital instruments remains an open question.
While regulators certainly intended capital investment programmes to result in significant restoration of confidence in individual banks and the market as a whole, such an impact has not been uniformly felt across banks’ capital structures. Fitch appreciates that the capital programmes have the effect of extending support to the entire liability structure of a bank, at least in the short term. Further, many programmes have been implemented through investing at the holding company level, which provides significant evidence that regulators intend to provide support to the entire legal entity structure. The boldness of such support goes beyond Fitch’s base‐line expectations for support. That said, Fitch does not believe investors should view such support as continuing endlessly. Absent evidence that the turnaround is truly taking hold, the regulators may well exhibit some bias toward protecting taxpayer funds. This could include looking to put hybrids into deferral, even to the extent that such a decision could include the instruments the government owns.
Market participants were made aware of the equity‐like characteristics that hybrids carry and how quickly and unexpectedly such can emerge in a recent decision by Deutsche Bank. In mid‐December 2008 Deutsche announced that it was not going to exercise its call option on a Lower Tier 2 issue, triggering the extension risk that most market observers regarded as negligible, despite the warning precedent set by the Italian bank Credito Valtellinese in April 2008. Although Fitch does not rate this extension risk, and the fact that a coupon deferral is a more serious matter, the two topics essentially exemplify the same argument: namely the extent to which bank regulatory capital instruments are expected to behave, at least in part, like equity. In the one case it is the question of permanence (or at least with dated Lower Tier 2 issues, extendability; with Upper Tier 2 and Tier 1 instruments it would potentially be permanence) and in the other case it is “going concern”
loss absorption, both matters which the regulatory community regards as essential characteristics of bank regulatory capital.
The banking regulators, and behind them the political authorities in the finance ministries and treasuries, face a difficult set of conflicting interests in their attempt to formulate policy in this area. On the one hand they have a priority to maintain confidence in an extremely fragile environment, and the imposition of losses on hybrid capital investors would be a severe dent to that confidence as well as having a direct financial impact on those investors. In the longer term, it is argued, such a development would effectively kill the bank capital products and market. This could significantly hinder banks’ ability to raise fresh hybrid capital, either to bolster their current capital position and facilitate the fresh lending that governments want to see to sustain economic activity, or in the medium to longer term to raise fresh hybrid capital to allow them to pay back the government capital injections. However, in the longer term there must be a significant question mark as to whether the banking regulators will allow the continuation of this market in its current form anyway, especially if, in the face of the worst banking crisis in living memory, they fail to impose losses on this form of bank capital.
The picture is further clouded by governments’ responsibility to safeguard the massive amounts of taxpayers’ money that is being deployed into the banking system, whether it be directly in the form of capital injections or indirectly in the form of funding guarantees and extraordinary liquidity provision. By allowing banks to avoid coupon deferral (and to avoid the optionality to extend principal repayment dates), the regulators are essentially permitting a direct transfer of taxpayers’ money to a particular set
of investors. It is not Fitch’s role to say whether this is a valid policy objective, but it does in the agency’s view raise the investment risks that those investors currently face, and in specific cases Fitch considers this risk to be sufficiently material to view these instruments as not investment grade.