Thursday, January 31, 2013

Reuters: Regulatory News: U.S. consumer bureau seeks input on bank products for students

Reuters: Regulatory News
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U.S. consumer bureau seeks input on bank products for students
Jan 31st 2013, 17:45

WASHINGTON | Thu Jan 31, 2013 12:45pm EST

WASHINGTON Jan 31 (Reuters) - The U.S. consumer bureau said on Thursday it wants information on college and university-affiliated banking products as it seeks to better understand the types of financial services that are marketed to students.

The Consumer Financial Protection Bureau (CFPB) said it is interested in what information schools give financial firms as part of agreements to offer identification cards that double as debit cards. These cards are also used to access loans and scholarship funds, and school-sponsored bank accounts.

The bureau wants to know more about students' experiences with such services, how products are marketed and what fees are associated.

"The bureau wants to find out whether students using college-endorsed banking products are getting a good deal," Director Richard Cordray said in a statement.

Congress created the consumer bureau as part of the 2010 Dodd-Frank oversight law to help protect Americans from financial scams. The CFPB enforces a 2009 law that cracked down on the way firms market products on college campuses and made agreements between credit card companies and schools public.

But regulators do not know as much about other products that are sold to students, the bureau said on Thursday. The CFPB, which has taken an interest in students' financial situations, said it wants to gain a clearer picture of the market.

It released a report earlier this year with the U.S. Department of Education on the safety of the student loan market. After another regulator fined two firms for overcharging students for debit card accounts, the bureau released an advisory for college students on potential pitfalls of financial products.

The bureau also could potentially use the information it receives to inform other actions, such as industry guidance or new rules, if it finds widespread problems.

Students, families, colleges and financial firms have until March 18 to submit comments on those products.

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Reuters: Regulatory News: UPDATE 5-Brazil scraps 6 pct financial tax on real estate trusts

Reuters: Regulatory News
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UPDATE 5-Brazil scraps 6 pct financial tax on real estate trusts
Jan 31st 2013, 18:20

Thu Jan 31, 2013 1:20pm EST

* Government seeks to spur investment as growth slows

* REITs have become a top pick among foreign funds

* Move could entice dollar inflows, bolstering currency

* Government says effect on exchange rate to be minimal

By Guillermo Parra-Bernal and Alonso Soto

SAO PAULO/BRASILIA, Jan 31 (Reuters) - Brazil on Thursday exempted foreign investors from paying a financial transaction tax on purchases of real estate investment trusts traded on the country's stock exchange, hoping to spur investments and support an economic recovery.

For the last year the government of President Dilma Rousseff has aimed to develop funding alternatives for local builders, many of which are overly dependent on loans from state development bank BNDES, the main source of long-term corporate financing in Brazil.

The tax exemption will likely increase U.S. dollar inflows and thus help keep the local currency strong. However, a senior government official said the measure was designed mainly to boost investments in the country's buoyant real estate market.

"The objective here is to stimulate long-term investment in the real estate sector," Dyogo de Oliveira, a senior finance ministry official, told reporters in Brasilia. "This measure should not have a relevant impact on the currency."

BM&FBovespa SA's IFIX Index, which tracks the most-traded real estate investment trusts, or REITs, in the Sao Paolo Stock Exchange, rose 0.62 percent on Thursday afternoon in the wake of the announcement.

The move, which zeroes a 6 percent financial transaction tax known as the IOF, was announced in the government's official gazette. The IOF tax can be lowered or increased at any time depending on market conditions, government officials said.

"On the back of low yields across global assets, these funds should arise as an interesting alternative to international investors," BTG Pactual Group analyst Alexandre Muller said in a note. "Due to the general scarcity of good yields available in most of the financial assets ... we anticipate new buyers for local real estate funds."

REITs are usually inflation-adjusted, since rent contracts in Brazil are linked to a consumer and wholesale price index known as the IGP-M, offering an attractive investment opportunity in an otherwise slow-growth market where interest rates are at a record low.

Currently yields on an average local REITs, depending on size, can offer interests of between 7 percent and 8 percent, compared with less than 4 percent for a 10-year, local government inflation-linked bond, data by BTG Pactual showed.

Last year about 14 billion reais ($7.04 billion) worth of REITs and similar instruments were sold in initial public offerings in Brazil, compared with 7.66 billion reais a year earlier, data by the country's securities regulator CVM showed. In 2009, sales of REITs, known in Brazil as FIIs, reached 2.88 billion reais.

In a bid to foster more investment in the industry, the government reduced payroll taxes for construction firms in December, a few days after reporting surprisingly weak economic growth figures.

Brazil, Latin America's largest economy, probably grew just 1 percent in 2012, according to most forecasts, a disappointing performance for an economy that grew 7.5 percent in 2010.

BET ON REAL ESTATE

The government is betting on the construction industry to breathe some life into an economy struggling to recover after two consecutive years of weak growth. A surge in the middle class over the last decade has made real estate in Brazil very appealing for investors.

Brazil ranked first as the most attractive emerging market country for commercial and residential real estate, topping China for the first time in three years, according to a survey conducted by the U.S.-based Association of Foreign Investors in Real Estate.

Sao Paulo, Brazil's largest city, climbed to 4th from 26th on the list of top global cities for foreign investment in real estate, the association said.

Nevertheless, some Brazilian builders are facing problems after years of poorly managed growth and runaway construction costs. Major Brazilian homebuilders like PDG Realty SA are scaling back operations to focus on executing old projects and generating cash to reduce debt.

Government officials said foreign investors, who have little participation in REITs, could bring some needed cash to the industry.

Brazil's Byzantine tax system is often blamed as one of the reasons for its chronically low investment levels. Foreign investors also complain about measures taken in recent years to curb dollar inflows.

Foreign investments in domestic bonds are taxed at 6 percent, while stock portfolios are exempt from the IOF tax. De Oliveira said the government has no plans to cut the IOF tax on foreign investments in fixed-income instruments.

The Brazilian real weakened 0.2 percent on Thursday to 1.9908 per dollar. It was its second consecutive day of losses, following a rally early in the week that took the currency past the mark of 2 per dollar for the first time in nearly seven months.

The country reported $2.693 billion in dollar outflows in the first four weeks of the year, according to the central bank.

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Reuters: Regulatory News: US lawmakers seek mortgage settlement documents from regulators

Reuters: Regulatory News
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US lawmakers seek mortgage settlement documents from regulators
Jan 31st 2013, 16:44

By Emily Stephenson

WASHINGTON | Thu Jan 31, 2013 11:44am EST

WASHINGTON Jan 31 (Reuters) - U.S. lawmakers on Thursday asked bank regulators to turn over documents related to the $8.5 billion settlement that ended a government-mandated review of crisis-era foreclosures, saying transparency was needed to boost confidence in the settlement.

Senator Elizabeth Warren and Representative Elijah Cummings, both Democrats, said the Federal Reserve and the Office of the Comptroller of the Currency (OCC) must address concerns that financial institutions have not been held accountable for misdeeds during the 2007-2009 U.S. financial crisis.

In a separate letter also released on Thursday, Representative Maxine Waters, also a Democrat, said questions remain about why the independent reviews were stopped and how borrowers will be evaluated for potential compensation.

The case-by-case reviews of foreclosures came in response to the "robo-signing" scandal of 2010, in which banks were said to have used defective or fraudulent documents to pursue home foreclosures.

But after the review process got expensive without resulting in relief to consumers, regulators opted for a different approach.

They said settlements with mortgage servicers, which were announced earlier this month would replace the reviews with a broader framework that allows borrowers to receive compensation regardless of whether they faced actual harm.

"We believe that public confidence in the settlement - the confidence necessary to speed recovery of the housing markets - will exist only if the OCC and the Federal Reserve provide additional transparency into the process used and information gathered during the Independent Foreclosure Review process," Warren and Cummings said in their letter.

Cummings was critical of the settlement when regulators announced it earlier this month and said the OCC and the Fed had not sufficiently answered questions, such as who would get the funds.

The financial industry has been closely watching Warren since she won election to the U.S. Senate in November.

She gained a reputation as an opponent of Wall Street excess by overseeing the financial system bailout and later setting up the Consumer Financial Protection Bureau, and she would lend a high profile to whatever issue she chooses for her first big push as a lawmaker.

The pair called on regulators to turn over documents on the independent contractors who reviewed borrower files, the total number of reviews undertaken by each contractor and the number of files in which unsafe practices were found.

Waters, who is the top Democrat on the House of Representatives Financial Services Committee, criticized the sudden end of the reviews and asked the regulators to establish an independent monitor to oversee the settlement process.

Both letters were addressed to Fed Chairman Ben Bernanke and Comptroller of the Currency Thomas Curry.

The initial settlement called for Bank of America Corp , Citigroup Inc, JPMorgan Case & Co, Wells Fargo & Co, MetLife Bank, and five others to pay $3.3 billion directly to eligible borrowers, and $5.2 billion in loan modifications and forgiveness.

Separately, HSBC, Goldman Sachs and Morgan Stanley also reached similar settlements, bringing the total payout to $9.3 billion.

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Reuters: Regulatory News: Rome court summons Bank of Italy over Monte Paschi

Reuters: Regulatory News
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Rome court summons Bank of Italy over Monte Paschi
Jan 31st 2013, 17:20

By Antonella Cinelli

ROME | Thu Jan 31, 2013 12:20pm EST

ROME Jan 31 (Reuters) - A court in Rome has summoned Bank of Italy officials for questioning on the state bailout of Monte dei Paschi, as scandal spread over the trading that plunged the world's oldest bank into trouble.

The Lazio regional administrative court said in a statement on Wednesday that it had called Deputy Governor Fabrizio Saccomanni and Luigi Federico Signorini, the official in charge of bank supervision, to a hearing on Saturday. The central bank said they would not attend, but would be represented by counsel.

The Bank of Italy, headed at the time by Mario Draghi who has gone on to head the European Central Bank, faces criticism of its supervision of the 540-year-old institution from Siena and of its role in approving a government bailout last week.

The summons to the central bankers follows a request to the court by consumer lobby Codacons to block the 3.9-billion euro ($5.3 billion) state loan approved by the Bank on Saturday.

Monte dei Paschi was left facing losses of 720 million euros ($977 million) on a series of derivative and structured finance transactions. Already badly weakened by paying 9 billion euros cash for rival Antonveneta just before the 2008 global crash, the trades appear to have been made to hide losses on that deal.

Regulators including the Bank of Italy have faced mounting pressure over their failure to head off the problems, despite repeated warnings dating back to at least 2009 that Monte dei Paschi's financial position risked sliding out of control.

Less than a month before a national parliamentary election on Feb. 24-25, the case has also raised questions over the close links between Monte dei Paschi and local Tuscan politicians who dominate the shareholder foundation which controls the bank.

On Thursday, Bank of Italy deputy managing director Fabio Panetta defended the central bank's handling of the case, saying: "Our oversight has been continuous and impeccable."

EUROPEAN DEFENCE

European Bank Authority chief Andrea Enria defended the Italian central bank and said the case should not raise doubts about the solidity of the Italian banking system as a whole, pointing to other scandals, including Spain's Bankia, Franco-Belgian Dexia and Britain's Royal Bank of Scotland.

"As it was for Bankia, Dexia and the Royal Bank of Scotland, when you have a case of misbehaviour the responsibility lies principally with the management that did it," Enria, who worked at the Bank of Italy in the 1990s, told reporters in Milan.

However, the affair has raised speculation over the role of ECB President Draghi, who was governor of the Bank of Italy at the time of the Antonveneta deal and in the years when the derivatives trades were set up by Monte dei Paschi.

Separately, prosecutors in Siena, the bank's home since it was founded in 1472, are investigating allegations that massive bribes were paid to smooth the Antonveneta deal as well as possible accounting malpractice over the derivatives trades.

They have revealed little about the substance of the investigation beyond saying it is focused on former managers as well as the bank itself as an institution.

On Thursday, they interviewed Ettore Gotti Tedeschi, head of the Italian branch of Banco Santander, the former owner of Antonveneta, and Gabriello Mancini, chairman of Monte dei Paschi's main shareholder foundation.

Monte dei Paschi cleared out its old management last year, when Antonio Vigni quit as managing director and Giuseppe Mussari stepped down as chairman. Mussari resigned as head of the ABI Italian Banking Association last week.

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Reuters: Regulatory News: Investor trust in short supply after Saipem warning

Reuters: Regulatory News
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Investor trust in short supply after Saipem warning
Jan 31st 2013, 16:43

Thu Jan 31, 2013 11:43am EST

* Analysts say company underestimated project costs

* Profit warning adds to uncertainty over Algeria probe

* Market watchdog to investigate Saipem price movements

By Stephen Jewkes

MILAN, Jan 31 (Reuters) - Well before a profit warning wiped $6 billion off Saipem SpA's stock market value, investors were cutting their exposure to Europe's biggest oil services provider.

Unnerved by a corruption probe in Algeria and worried that a new management team appointed last month might unearth more bad news, some long-standing shareholders had decided the company's dull-but-reliable label no longer applied.

But even those reduced expectations did not prepare them for what followed on Tuesday - the discovery that a swathe of Saipem's bread-and-butter contracts was far less lucrative than previously believed.

There was no revelation of a drastic project overrun, no one-off cost for a drilling mistake. Instead, Saipem's entire accounting was in question after it badly overestimated how much the work in its backlog would cost.

One senior fund manager and Saipem shareholder said the fund had decided after Saipem Chief Executive Pietro Franco Tali quit in December that the company was a poor prospect, and began reducing its stake.

The fund manager, who asked not to be named, said it had not managed to unload the stock entirely from its portfolios before Tuesday, when Saipem - a company that should be riding high on strong oil prices - issued a profit warning on 2012 results.

It said profits in 2013 would fall 80 percent because of lower margins on new contracts and fewer existing high-margin contracts.

HSBC called it a bombshell that would lose Saipem its "no sleepless nights for investors" tag.

"So what's gone wrong?" it asked in a note. "Saipem said there were no significant contract overruns, delays in its current portfolio - no "black hole" as such - simply a lower-quality workload."

Mediobanca analysts said the profit drop could only be explained by more conservative accounting and that the cost of projects already under way must have been heavily understimated.

"What on earth was the old management doing?" asked a second fund manager on Thursday.

ALGERIA SHADOW

Saipem is 43 percent owned by Italy's flagship oil group Eni . Shares in Saipem have lost about 40 percent of their value since the Algeria corruption probe came to light in December, when former Eni manager Umberto Vergine was brought in to steady the ship.

The Algeria investigation also led Eni's Chief Financial Officer Alessandro Bernini, who had been Saipem CFO until 2008, to quit.

Eni said Saipem's warning would lop 200 million euros off its earnings.

Investment fund Capital Research and Management cut its Saipem stake to 1.3 percent from nearly 5 percent last month.

Some traders said Bank of America-Merrill Lynch, just a day before the profit warning, had sold 2.3 percent of the company for 30.65 euros per share. Saipem shares were at 20.7 euros on Thursday.

"I've been working the market for 25 years and I've never seen anything like this," said one trader.

Others said it was still not clear who had sold the Saipem stake.

Saipem and Merrill Lynch declined to comment, but a partner at a Milan-based brokerage played down the likelihood of any wrongdoing by the U.S. investment bank.

"Merrill surely didn't know about this," said the partner, who asked not to be named. "The broker often agrees to keep any unsold shares on its own book. Would you deliberately sell rubbish knowing you'd lose many times more money than you have made?"

A source at market regulator Consob said on Wednesday the watchdog would be investigating the alleged stock sale as well as share price movements at Saipem.

Two traders, a fund manager and a shareholder told Reuters some funds were debating whether to demand an annulment of the placement, which involved around 10 million shares.

"It takes three days to settle such a deal. I hear some funds want to ask for an annulment but I don't think it will be easy," one fund manager and Saipem shareholder said.

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Reuters: Regulatory News: Southern Co's coal-gasification plant cost may reach $3.8 bln

Reuters: Regulatory News
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Southern Co's coal-gasification plant cost may reach $3.8 bln
Jan 31st 2013, 16:50

Thu Jan 31, 2013 11:50am EST

* Law gives utility "blank check" for Kemper costs

* Monitor says plant unlikely to meet target operating date

* Monitor sees plant cost rising above $3.1 billion

By Eileen O'Grady

HOUSTON, Jan 31 (Reuters) - Southern Co's Mississippi utility is supporting legislation that would allow it to recover another $1 billion from ratepayers for the Kemper County coal-gasification power plant, pushing the potential price tag for the controversial project to $3.8 billion.

A bill, written specifically for the Kemper project, would allow Mississippi Power to sell up to $1 billion of "securitized" bonds to cover costs of the plant - over and above the $2.8 billion the utility can recover through base rates.

The bill would also allow Mississippi Power to create a "special purpose entity" to issue the bonds which will not be considered utility debt, according to the legislation, sponsored by Mississippi Sen. Terry Burton.

Southern Co Chief Executive Officer Tom Fanning said that two Kemper-related bills have passed out of committees at the Mississippi Legislature, in a call with analysts on Wednesday.

"We look forward to monitoring their progress over the next few weeks," Fanning told investors.

The Mississippi utility is Southern Co's smallest with just 185,000 customers, so the rate impact of the costly Kemper facility is of concern to regulators and consumer groups.

Fanning said the 582-megawatt facility is 75 percent complete and will be operational in May 2014. Kemper's gas turbines will begin testing in June, Fanning said. Equipment to convert lignite from an adjacent mine into synthesis gas will begin testing in December.

"Reliable syn gas is expected to begin flowing to the (turbines) in February 2014," Fanning said.

However, an independent monitor's report said Kemper won't likely be operational until November or December 2014.

The monitor's report, filed in November of last year, said construction was only 30 percent complete and that the plant's price tag may exceed $3.16 billion, excluding the nearly $400 million cost of the mine and a carbon dioxide pipeline.

The Kemper legislation follows a surprise agreement announced last week between Mississippi Power and the Mississippi Public Service Commission (PSC) to settle a legal dispute over the commission's refusal to grant a Kemper-related rate increase while a legal challenge from the Sierra Club continues over the plant's certificate.

With securitization, a utility sells bonds which are repaid over a long period of time through a non-bypassable charge on all customers' bills.

The process benefits the utility because it recovers its money as soon as the bond are sold. Customers benefit because current interest rates are generally much lower than the interest rate the utility is allowed to charge customers.

If passed, however, the bill eliminates a $2.8 billion "hard cap," or limit on the amount of money the Mississippi PSC said the utility could charge for the plant when it approved Kemper's certificate last April.

While the settlement wording is not clear, it appears to "eviscerate" the rate cap, giving Mississippi Power "a blank check for the Kemper project," said David Cruthirds, a Houston regulatory attorney in a report to clients.

"The securitization is tantamount to guaranteed recovery," Cruthirds said. "That means the cost cap was removed without notice, without the opportunity for interested parties to be heard and without a public hearing," Cruthirds wrote.

Mississippi Power also filed last week for a $172 million rate hike to cover certain financing costs related to Kemper. Fanning said the proposed 21-percent increase could go on customer bills as soon as April.

Kemper is designed to showcase a gasification technology developed over the past decade by another unit of Southern and KBR Inc. The companies are working to sell the technology around the world.

While commending Southern for developing new technology, Cruthirds said "there seems to be no question that (Mississippi Power's) customers are subsidizing commercialization of Southern Co's technology development efforts" which is "a huge benefit for Southern's shareholders."

The Kemper plant is one of only two integrated gasification combined-cycle (IGCC) plants under construction in the country following cancellation of dozens of such projects due to rising costs, lack of carbon legislation and competition from cheaper natural gas-fired generation.

Indiana regulators limited the amount Duke Energy can recover from customers for the Edwardsport IGCC plant, forcing the utility to absorb nearly $900 million in cost overruns. The $3.5 billion plant may begin producing power later this year after numerous delays.

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Reuters: Regulatory News: Venezuela seeks to ease access to dollars for business

Reuters: Regulatory News
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Venezuela seeks to ease access to dollars for business
Jan 31st 2013, 17:38

Thu Jan 31, 2013 12:38pm EST

* Business leaders complain over delays and red tape

* Government looks intent on shunning near-term devaluation

CARACAS Jan 31 (Reuters) - Venezuela's government unveiled moves on Thursday to streamline access to dollars for a private sector that frequently complains of shortages of hard currency to buy imports, which business leaders say are hurting the economy.

In a decree published in the Official Gazette, the authorities said it would be made easier for businesses to cut red tape in applying for up to $50,000 a time for the purchase of raw materials and certain types of machinery.

The decree was the latest of several moves by a government that looks intent on avoiding or delaying a politically painful devaluation while President Hugo Chavez recuperates in Cuba following cancer surgery in December.

The new measure scraps a requirement that businesses certify that goods they seek to import cannot be produced in Venezuela, or that there is a shortage of them in the country. The paperwork needed proved hard to obtain for many importers.

Business leaders say they sometimes have to wait up to six months for dollars in Venezuela, which enforces a particularly complex multi-tiered currency control system, and it was not immediately clear how much impact the new rules would have.

A long list of items approved under the mew system was published in the Gazette on Thursday, ranging from seeds and livestock to tractors and components to produce medicines.

Vice President Nicolas Maduro said last weekend that Chavez had taken a series of economic decisions to strengthen exports - stoking speculation that a currency devaluation was imminent.

The main announcement since then was on Monday, when the government said it was changing the structure of its windfall taxes on crude production so that state oil company PDVSA could provide the central bank with an extra $3 billion this year.

Analysts said that would let the central bank sell more dollars to businesses and individuals through its SITME auction system. In 2003, Venezuela imposed capital controls, which over the years have increasingly restricted access to dollars.

Venezuelan business leaders complain about growing economic imbalances that they say have been caused by insecurity, bad policies and uncertainty over the president's prolonged absence.

Periodic shortages of products have become a fact of life under Chavez. But in Venezuela's distorted, oil-driven economy, it is the staple goods that go scarce, while luxury and niche-market items remain easy to find.

A devaluation would make exports more competitive by lowering local production costs and spur domestic industries by making imports less competitive with locally-produced goods.

It would improve state finances by providing more bolivars per dollar of oil exports, but would also push up inflation in a country that already has one of the highest rates in the region.

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