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Markets: We Ban Shorting, Will There Be A Bounce?

Posted on 22 September 2008 by Alex

There’s nothing more to be said about the markets last week except that we all survived, battered, bruised, shell shocked and worse if you were shareholders in some American companies no longer with us like Lehman Bros, Merrill Lynch, AIG, Macquarie, HBOS and a host of other financial stocks.

This week events will be dominated by the shape of the rescue body announced Friday to bailout the dodgy securities.

Here in Australia we have banned all short selling, not just the naughty naked kind, in a new development revealed last night by the financial regulator, ASIC. It starts from today and continues until further notice.

It is a step up of the ban on naked shorting announced Friday.

But the big issue is the $US700 billion bailout fund which is likely to provide an opportunity for ambitious and idiotic US congress representatives to try and add pet deals of their own to the bill.

Markets around the world simply love the idea, but that affection will be hard to hold as the fund takes ages to have any lasting impact.

The Standard & Poor’s 500 dropped by more than 4.7% twice last week after Lehman Brothers’ collapse; Bank of America Corp’s takeover of Merrill Lynch and the US government’s seizure of American International Group.

But the S&P 500 ended the week by jumping 8.5% on Thursday and Friday on the US government’s plan to purge banks of bad assets, crack down on short sellers and to stand behind money market funds through support from the Federal Reserve.

Shanghai surged 9.5%, in the biggest daily gain for seven years, to 2,075.091.

Hong Kong’s Hang Sang gained 9.6% to 19,327.73, London’s FTSE 100 had its biggest daily gain in its 24-year history, jumping 8.8% and in Australia the ASX 200 was up 198 points or more than 4.2% on Friday.

It was the biggest two-day global stocks rally in 38 years. Friday’s rallies in London and the US were partially fuelled by bans on short-selling in financial stocks announced on Thursday night.

Besides the S&P 500’s gains the Dow added 929 points from Thursday’s low and markets from the UK, China, and Australia and elsewhere surged as investors appreciated the fact that the great panic had been halted for the time being.

But it is short term, even the new fund being set up to help buy the so-called toxic securities by the US Treasury.

The longer term issues will be the newly increased size of the US deficit and debt, the impact of this huge expansion of money supply on inflation, and most of all the slumping US economy and the disaster that is the US housing sector.

The S&P 500 ended up 48.57 points to 1,255.08 on Friday, the Dow surged 368.75, or 3.4%, to 11,388.44 and Nada rose 74.8, or 3.4%, to 2,273.9.

The MSCI World Index of 23 developed nations’ markets jumped 5.7% to 1,286.44 on Friday and rose 8% over Thursday and Friday. Europe’s main regional index (the Sox 600) rose a record 8.3% Friday and the MSCI Asia Pacific Index added 5.5% Friday.

The S&P 500 actually erased its fall to close up 0.3% for the week, but it is still down down 15% this year.

Market reports said a record 3 billion shares were traded on the NYSE on Friday: that was more than double the three-month daily average.

Under pressure investment banks, Goldman Sachs and Morgan Stanley saw their shares leap more than 20% on Friday as shorts scrambled to cover themselves.

Traders said that only consumer staples, the best performing group this year, fell led by Wal-Mart, the world’s largest retailer.

Its shares fell almost 3% for the biggest decline in the Dow.

That reaction has a touch of unreality because it won’t be too long before investors start worrying about the economy and banks again and go back into consumer staples.

US and European government bonds tumbled; reversing gains made earlier in the week as investor sold equities and commodities and moved into bonds as quickly as possible.

The proposal from Paulson and Bernanke (and strongly supported by president Bush over the weekend) is aimed at isolating devalued mortgage-linked assets at the root of the worst credit crisis since the Great Depression.

US Congressional leaders said they aim to pass legislation soon, but some have started wondering about loans to US car companies like General Motors and a $US50 billion stimulatory package to follow the $US120 billion tax rebate which came and went from May to July of this year.

That sort of grandstanding is going to be dangerous, and expensive.

In Australia the major banks led the surge on Friday and today the market is forecast to be up by around 130 points, if Saturday morning’s overnight futures finish is any guide.

The ASX200 index finished up 196.8 points, or 4.27%, to 4804.1, while the All Ordinaries index ended up 188.8 points, or 4.06%, to 4840.7.

The National Australia Bank soared $3.40, or 17.35%, to $23.00; the Commonwealth jumped $2.62, or 6.54%, to $42.70; the ANZ rose $2.26, or 14.63%, to $17.71; and Westpac ended up $1.54, or 7%, at $23.54.

But the focus was on Macquarie Group: after being belted up to the close Thursday, it rocketed $9.85, or 37.81%, to $35.90 after touching an intraday high of $38.55 just before noon.

Suncor Metway leapt 75c to $9.10 as the company completed the underwriting on its dividend reinvestment plan two weeks early.

In resources BHP Billiton ended up 40c at $35.40 and Rio Tinto jumped $3.10 to $101.50.

Iron ore miner Fortescue Metals Group added 50c to $5.70 despite reporting an annual bottom-line net loss of $2.8 billion and saying it would not provide a forecast for the current year because it may prejudice “the interests of the company”.

Oil and gas producer Woodside Petroleum was up $2.66 at $54.06, and Santos 53c to $18.28.

Newmont dropped 55c to $4.92 and gold fell; Newcrest eased 65c to $23.85 and Lehar dropped 3c to $2.45.

The Australian dollar finished higher in New York at 83.40, US cents after the US dollar lost ground as nervy investors sold the currency.

Earlier, the Aussie had finished around 81.15 on Friday, up about 1.3 US from Thursday’s close of 79.88. That’s up 3.5c in two days, or almost 5%.

And naked short selling will be banned on the Australian Stock Exchange from today.

But in a dramatic decision the regulator, the Australian Securities and Investments Commission has banned ALL short selling for a month from today, not just the naked variety.

 ASIC said the widened ban would act as a circuit breaker to restore investor confidence.

Short selling, where traders seek to profit by selling borrowed shares of companies to then buy them back, in the anticipation their prices will drop, has been partly blamed for the sharp falls of stocks such as Macquarie Group in recent days.

Naked short selling, involves selling without first borrowing the stock, or even ensuring the shares can be borrowed.

The Australian Securities Exchange (ASX) said on Friday it would remove all securities from its list of stocks approved for naked short selling from Monday.

The ASX said the “The removal will remain in force until further notice.”

“It will be reviewed when the government’s foreshadowed legislative amendments to the reporting of covered short selling activity take effect.”

But last night the ASX ban was supplanted by the wider ban from ASIC.

ASIC chairman, Tony D’Aloisio, said “To limit the prohibition to financial stocks, as has been done in the UK, could subject our other stocks to unwarranted attack given the unknown amount of global money which may be looking for short sell plays.” 

 

 

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Asleep ASIC Wakes Up To Market Problems

Posted on 09 May 2008 by Alex

 

 

ASIC is revamping itself to make it more relevant, it seems, to its prime customers: investors.

So now the country’s premier financial regulator has seen the light, why not do something about the conflict of interest enveloping the ASX as it remains listed upon the very stockmarket it is regulating, along with ASIC.

As the graph shows, the ASX share price is reactive to what happens in the market. The credit crunch and then problems associated with the failure and problems at margin brokers, Tricom and Opes Prime, plus problems with Allco, Centro, MFS, and other financial investors, have hurt the ASX share price, its reputation as a front line regulator, as well as the reputation of ASIC.

As well there’s been worries about unchecked and unrecorded stock lending by brokers, short selling, verging on insider trading and alleged rumour mongering by hedge funds shorting stocks.

Now that the year long review by ASIC of itself (which sounds a bit conflicted) is out, what about doing something about the ASX’s relationship with the market and ASIC?

ASIC’s revamp looks a bit incomplete until that is done.

ASIC’s revamp doesn’t make pleasant reading if you are a stockmarket investor and have lost money with the dodgy or failed margin brokers, or done your money in the likes of ABC Learning, MFS, Allco and Centro, to name a few.

There seems to be a tacit admission from ASIC that it has been struggling with its regulatory role and that it has not kept pace with what has been happening in financial markets: so now it says it needs external help.

That asks the question, why?

ASIC says it will appoint an external advisory panel to advise it on market developments, cut senior management positions to 41 from 54, and devote more resources to supervising traders.

The changes come after completing a strategic review, which it said was designed to position it for the challenges of the next three to five years.

ASIC says it will not only appoint an external advisory panel drawn from a variety of sectors to provide advice on market developments but additional investment will be poured into market research and analysis, it said, extra resources will be directed to supervising brokers and operators of exchange-traded products and the surveillance of exchange-traded products.

“The review will result in us being closer to the market. We will be more accessible and flexible, and we will be able to take emerging trends into account more quickly,” ASIC chairman and former ASX chief executive Tony D’Aloisio said.

That’s an amazing admission. We have the country’s leading regulatory of financial markets promising to upgrade surveillance and information flows about the market, after we have been through the biggest boom in Australian history.

That begs the question: was ASIC flying blind during the boom?

ASIC says it will abolish its four “silo” directorates and replace them with 17 “outwardly-focused” stakeholder teams covering different parts of the financial economy, including retailer investors and consumers, investment managers, investment banks, superannuation funds and financial advisers.

The introduction of stakeholder teams would reduce two layers of management to a single layer and reduce 54 senior positions to 41 and these 41 will get more money.

On enforcement, ASIC said it would expand its one large directorate to six main enforcement and deterrence teams, each with a different focus, such as insider trading, major fraud and international fraud.

ASIC said it would retain current staff numbers at 1600. The restructure will be implemented over the next four months.

We know have a Takeovers Panel that is run by a group of individuals from the market chosen for their knowledge in takeover laws and situations to adjudicate on the basis of a lack of conflict of interest.

Now we have ASIC proposing to get an external advisory panel, hopefully on the same basis as the Takeovers Panel, but with no overlap.

But that begs the question first up, who will be on the panel?

Fund managers, advisors, brokers and lawyers will get a look in, but what about representatives of the small investor, who always seems to be last in these matters.

And I don’t necessarily mean the Australian Shareholders Association: it’s a well meaning group, but the quality of their representatives at AGMs does vary.

But why does ASIC need people from the markets to help them? Why can’t ASIC go and hire a couple of aggressive, clever and talented investment bankers or lawyers, pay them a pot of money and tell them to get on the case of the naughty folk in the market.

It is still hard to believe that ASIC seemingly had little knowledge of the growth of margin lending and broking of the Opes Prime and Lift Capital variety; that they didn’t really understand (or try to find out) about covered and naked short selling, and had no understanding of the stock lending rort carried out by super funds and other investors.

The statement yesterday quoted the ASIC chairman, Tony D’Aloisio as saying:

“The review will result in us being closer to the market, we will be more accessible and flexible, and we will be able to take emerging trends into account more quickly.

  • Better understands the markets it regulates;
  • Is more forward-looking in examining issues and assessing systemic risks;
  • Better articulates why it has chosen to intervene and the behavioural changes it wants the market to make; and
  • Has a clearer set of priorities (principal priorities being retail investors and insider trading, market manipulation and disclosure).

The key changes ASIC is making in order to deliver these benefits are:

  • Additional investment in market research and analysis;
  • The appointment of an experienced External Advisory Panel drawn from a variety of sectors of the economy in order to advise ASIC’s Commission on market developments and potential systemic issues;
  • Abolition of the four current ‘silo’ directorates of ASIC and replacing them with 17 outwardly-focused stakeholder teams covering the financial economy (e.g. teams for retail investors and consumers, investment managers, investment banks, superannuation funds and financial advisors);
  • Additional resources directed to the supervision of brokers and intermediaries and to operators of exchange-traded products and to surveillance of exchange-traded markets; and
  • A better balance between national and regional initiatives (e.g. more resources into Perth and Western Australia.).

The development of skills and credentials will be boosted through:

  • Secondments;
  • The introduction of an ASIC Academy;
  • Greater workplace training through mentors and network leaders; and
  • Recruitment from the market for senior positions.
  • This sounds great, but it is a terrible indictment of what ASIC hasn’t been doing for years. The previous managers and chairmen have a lot to answer for.

    Fancy ASIC admitting that “principal priorities being retail investors and insider trading, market manipulation and disclosure”.

    What has it been doing?

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