Dec 25, 2015
Introduction
Negative Connotation
1994: Tower Financial Crisis
2001: Enron
2008: Bear Stearns & Lehman Brothers
Features and uses of SPV
• Securitisation • Asset transfer • Financing • Risk sharing • Raising capital
Key benefits to Sponsors
• Asset Ownership • Minimal red tape • Tax benefits • Legal protection • Isolation of Financial Risk• Meeting regulatory requirements• Freedom of jurisdiction
Risks of a SPV
• Reputational Risk• Signalling Effect• Liquidity and Funding Risk• Equity Risk• Mark to Market Risk• Lack of Transparency• Regulation
Managing the risks – Regulation and scrutiny
• Oversight• Reporting capability• Governance• Motivation• Regulation• Simplification• Consolidation• External ratings
Managing the risks: Reintermediation
• Reintermediation of off-balance sheet assets back onto the balance sheets of the sponsoring banks.
• Reason: Benefits and uses of SPVs do not justify the risks involved and the potential for them to be misused.– Bankruptcy Remoteness– Only Reputational Risk
SPVs on or off-balance sheet???
• IFRS RequirementsConsolidated into the books of the parent entity if
the entity “controls” SPVControl = PEA
• US GAAP– Change in Rules since 2010
Conclusion
• SPVs have played and continue to play an important role in financial markets both in financing projects and offering investors a greater choice of ventures to invest in.
• Usage of SPVs is not inherently problematic, but rather poor risk management can lead to failures.
• Consolidation may provide a solution for many problems.
• If not: More Transparency and Better Regulation