Friday, August 31, 2012

Reuters: Regulatory News: Spain's bad bank won't mean steeper losses for lenders

Reuters: Regulatory News
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Spain's bad bank won't mean steeper losses for lenders
Aug 31st 2012, 15:07

MADRID | Fri Aug 31, 2012 11:07am EDT

MADRID Aug 31 (Reuters) - Spain does not see significant further losses for banks that transfer soured property assets to a bad bank to be run by the central bank, an economy ministry official said on Friday.

However, the official added that provisions made by Spanish banks earlier this year to cover losses on property assets would not be a floor for transfers to the bad bank.

The source added that public participation in Spain's bad bank, an asset management company that will take on banks' damaged property assets, will be limited to a maximum of 50 percent.

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Reuters: Regulatory News: UPDATE 1-Fannie Mae, Freddie Mac to raise mortgage fees-US regulator

Reuters: Regulatory News
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UPDATE 1-Fannie Mae, Freddie Mac to raise mortgage fees-US regulator
Aug 31st 2012, 14:48

Fri Aug 31, 2012 10:48am EDT

WASHINGTON Aug 31 (Reuters) - Fannie Mae and Freddie Mac w ill raise the fees they charge mortgage customers b y the end of the year, their regulator said on Fr iday, a step designed to encourage private firms to wade back into the housing finance market.

The so-called guarantee fees or g-fees that the two government-controlled companies c harge lenders to guarantee new loans wi ll increase by an average of 10 basis points, the Federal Housing Finance Agency said in a statement.

The Obama administration has proposed increasing the fees as a way to reduce the government's role in the housing market, where Fannie Mae and Freddie Mac guarantee the majority of new home loans.

The two companies, which buy mortgages from lenders and repackage them as securities for investors, were taken over by the government in 2008 when their mortgage-related losses threatened the financial system. So far, the companies have drawn a total of $188 billion in taxpayer aid to stay solvent.

"These changes will move Fannie Mae and Freddie Mac pricing closer to the level one might expect to see if mortgage credit risk was borne solely by private capital," said th e regulator's acting director Edw ard DeMarco.

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Reuters: Regulatory News: US Labor fines pension adviser $1.27 mln over fee disclosure

Reuters: Regulatory News
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US Labor fines pension adviser $1.27 mln over fee disclosure
Aug 31st 2012, 14:51

Fri Aug 31, 2012 10:51am EDT

* Agency fines adviser for failing to disclose marketing fees

* Attorney says Boston-based fee disclosure audits are on the rise

By Jessica Toonkel

NEW YORK, Aug 31 (Reuters) - The U.S. Department of Labor has fined an adviser more than $1 million for failing to disclose fees it received related to 13 pension plans it oversees, a sign the agency is toughening its enforcement of fee disclosure rules, attorneys said on F rid ay.

On Aug. 23, the Labor Department announced that USI Advisors, a Glastonbury, Connecticut-based fiduciary investment adviser, agreed to pay $1.27 million for failing to disclose marketing fees it received from funds in 13 pension plans it oversaw from 2004 to 2010.

As a fiduciary, USI, a subsidiary of USI Consulting Group, a Goldman Sachs Capital Partners Co. unit, is required under Labor Department rules to disclose to clients all fees it receives.

"If you, as an investment adviser, are a fiduciary under ERISA with respect to plan investments in mutual funds, you cannot use your fiduciary authority to receive an additional fee or to receive compensation from third parties for your own personal account in transactions involving plan assets," Phyllis C. Borzi, assistant secretary of labor for employee benefits security, said in an Aug. 23 statement announcing the fine.

A call to USI Advisors on Friday was not returned.

The size of the penalty is significant, given that most fines over retirement plans range in the thousands of dollars, said Bradford Campbell, an attorney with Drinker Biddle & Reath and a former assistant director of the Labor Department's Employee Benefits Securities Administration.

"This is a cautionary tale," Campbell said. "If you decide to be a fiduciary adviser to a plan, you need to fully understand the obligations associated with receiving compensation."

The Labor Department in recent months has made fee disclosure of retirement plan fees a priority, both in its rules and through its investigations.

Starting in July, advisers and other service providers to retirement plans had to begin disclosing to their employer clients all of their fees. On August 30, employers had to begin disclosing those fees to retirement plan participants.

Particularly in recent months, the Labor Department's Boston office, which fined USI, has been increasingly active at looking at fee disclosure, said Marcia Wagner, a principal at The Wagner Law Group, a Boston-based law firm that works with retirement plan providers.

"I have definitely seen an increase in audits in the Boston area," Wagner said. "This is the beginning of a trend."

However, the recent rule that took effect in July requiring advisers and other service providers to disclose their fees to employers may help them avoid being fined by the Labor Department, Campbell said.

"The new rules should help providers make sure they know they are doing the right thing," he said.

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Reuters: Regulatory News: RPT-US DOE loans 1 mln bbls of reserve oil to Marathon

Reuters: Regulatory News
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RPT-US DOE loans 1 mln bbls of reserve oil to Marathon
Aug 31st 2012, 15:39

WASHINGTON | Fri Aug 31, 2012 11:39am EDT

WASHINGTON Aug 31 (Reuters) - The United States will loan 1 million barrels of sweet crude to Marathon Petroleum Corp after one of its refineries experienced problems from Hurricane Isaac, the Department of Energy said on Friday.

"This emergency loan from the Strategic Petroleum Reserve will help ensure Marathon's refining operations have the crude oil they need to continue operating," Energy Secretary Steven Chu said.

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Reuters: Regulatory News: UPDATE 1-Spain creates bad bank, paves way for rescue funds

Reuters: Regulatory News
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UPDATE 1-Spain creates bad bank, paves way for rescue funds
Aug 31st 2012, 14:07

Fri Aug 31, 2012 10:07am EDT

* Bad bank financed by debt, private investment, rescue funds

* Bad bank must make profit within 10-15 years

* Government gets power to take over troubled banks faster

By Andrés González and Fiona Ortiz

MADRID, Aug 31 (Reuters) - Spain overhauled its banks for the fifth time in three years on Friday in order to secure up to 100 billion euros ($125 billion) in European aid for lenders crushed by bad loans resulting from the country's extended property market crash.

The government created a so-called bad bank to take over tens of billions of euros in defaulted loans and unsaleable property and to accelerate the clean-up of the banking sector, Economy Minister Luis de Guindos said.

The bad bank will begin operating in late November or early December, exist for between 10 and 15 years, and is intended to be profitable over that period so that Spanish taxpayers do not bear the burden of the bank rescue operation.

"The prices of these assets (that banks transfer to the bad bank) must ensure that the entity does not generate losses during its lifetime, something that is very important to minimize the impact on taxpayers," de Guindos told a news conference.

De Guindos also announced new rules for quicker and easier government takeovers of problem banks, a cut in pay for executives at banks that have been rescued by the state, and regulations that will keep banks from selling complex securities to unsophisticated investors.

Spain asked for a European rescue for its banks in June after it took over Bankia, a large lender that was particularly exposed to the property market, and found that it needed 19 billion euros to cover its losses.

De Guindos said Bankia could get emergency liquidity from the government before the European rescue funds are disbursed.

SPAIN UNDER PRESSURE

With its banking rescue barely underway, Spain is already under pressure to ask Europe for a full sovereign bailout as its borrowing costs remain painfully high and recession and high unemployment are hindering its drive to cut the public deficit.

Countries such as Sweden and Ireland have used bad bank structures to rescue their financial sectors, but the Spanish version is not modelled on any specific predecessor.

At least four Spanish banks, all of which have already been taken over by the government, are set to receive aid money under the rescue measures.

A number of other banks are also expected to need aid, though they will not be named until late September, after an independent audit by the big-four global accounting companies.

Banks will receive cash, government bonds or a stake in the bad bank in return for assets they transfer to the new entity, formally called an asset management company.

Banks that receive government debt in exchange for their toxic assets can use those bonds as collateral for liquidity from the European Central Bank, as rescued Irish banks did, de Guindos said.

The European Commission and the International Monetary Fund have approved the model being used for the bad bank, the minister said.

The bad bank will be financed by money from the FROB, Spain's bank-rescue fund, which will come from the European rescue funds; from private investors; and from debt it raises in the market, de Guindos said.

The amount of European rescue money that will go into the bad bank is low, he said.

The Bank of Spain will determine prices for assets transferred to the bad bank. While they cannot be so low that they cripple already weak banks, they must be low enough so they can be sold at a profit at some point in the future.

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Reuters: Regulatory News: Fannie Mae, Freddie Mac to raise guarantee fees-US regulator

Reuters: Regulatory News
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Fannie Mae, Freddie Mac to raise guarantee fees-US regulator
Aug 31st 2012, 14:23

WASHINGTON | Fri Aug 31, 2012 10:23am EDT

WASHINGTON Aug 31 (Reuters) - Fannie Mae and Freddie Mac will raise their guarantee fees on home loans by the end of the year, the top U.S. housing regulator said on Fr iday, a step designed to encourage private firms to wade back into the mortgage finance market.

Mortgages guaranteed by the two government-controlled companies will increase by an average of 10 basis points by the end of the year, the Federal Housing Finance Agency said in a statement.

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Reuters: Regulatory News: UPDATE 1-FDA questions Novartis cystic fibrosis drug

Reuters: Regulatory News
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UPDATE 1-FDA questions Novartis cystic fibrosis drug
Aug 31st 2012, 13:19

Fri Aug 31, 2012 9:19am EDT

WASHINGTON Aug 31 (Reuters) - U.S. drug reviewers questioned whether Novartis AG's inhaled antibiotic treatment truly helped cystic fibrosis patients breathe better, according to documents posted online by the U.S. Food and Drug Administration on Friday.

Staff from the FDA released their review of Novartis's tobramycin inhaled powder ahead of a vote next Wednesday by an advisory committee of outside experts on whether to recommend the drug.

Novartis is seeking approval of the inhaled antibiotic powder as a more convenient alternative to its older, nebulized version of tobramycin called Tobi, saying a powder taken with an inhaler is faster to use, and more convenient for patients.

The antibiotic attacks an infection that often occurs in the lungs of patients with cystic fibrosis, a genetic disease that affects about 30,000 people in the United States.

But the FDA said it was unclear whether the inhaled powder helped patients, or was as effective as the nebulized version. Only one of two clinical trials showed the tobramycin powder worked better than a placebo, according to the FDA's analysis.

They also questioned whether Novartis's drug worked as well over time, which may limit how effective it is for cystic fibrosis patients who usually develop chronic lung infections.

"The sustainability of improvements in (lung function) found ... may raise concern regarding the clinical significance of these findings," FDA staff wrote.

Cystic fibrosis causes the thin layer of mucus - which helps keep lungs free of germs - to thicken, clogging airways and damaging the lungs. The average life expectancy for the disease is 37 years as damage to the lungs progresses and limits the ability to breathe.

The thickening of mucus results in life-threatening infections that must be treated with antibiotics. Novartis's drug treats an infection called pseudomonas aeruginosa.

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