- Sep 30, 2003
- 26,907
- 174
- 106
Edit #2: Please don't anybody quote the whole damn post when replying, it's too dang long
Link
(Edit #1: I note this copy I found is labeled "Draft for Discussion Purposes", so I can't be 100% sure this is exactly what they are discussing/voting on. I.e., could be other provisions inserted.)
Whoah! So the Secretary of the Treasury gets a butt-load of authority and leeway here. I understood that this was a complaint about the initial Paulson proposal. Seems he still has it.
So, this bill leaves open how these securities are to be priced?? (I think this should generate loads of discussion among finacial professionals - however there are none in Congress
)
And the SoT has the ability to hire outside people to manage the securities purchased by the DoT?
And he gets to decide whose troubled assets are pruchsed?
This is why it is a really really *Good Thing* to be friends with the Secretary of Treasury
Hehe, I would think that the Dems like this bill more than the Repubs. Whoever is in line under Obama to be SoT must be salivating, same with any of his friends in the finance profession.
^ This safeguard sounds like a good idea, too bad there's an enormous loophole in it. But I think only securities held before march '08 qualify, but anybody who bought, through bankruptcy or acquired in a merger before then can sell to the Treasury at a profit. Why is this loophole there? "Friends of Paulson"?
^ Well, this was suggested as an alternative to the *buy out*, looks like they threw this in so now we have BOTH a buy-out and an insurance program.
^ Could be some real profit in here for someone getting a deal from the DoT when buying these things
^ Oh great :thumbsdown: looks like we'll be buying OTHER countries crappy investments. Let's bail out the whole world!!!!
(See the WSJ article below) ^ This was another alternative suggested to avoid having to buy-out these securities. While I'm glad to see this is being looked at, I note we now have (1) a buy-out + (2) an insurance program + (3) the mark-to-market rule change.
Link
I do note that there is quite a bit of oversight provided for in the bill, including an inspector general looking over the SoT shoulder. We'll see how effective it is (or maybe we won't, this stuff is complicated and would be very difficult to trace).
There are many other provisions, I only listed those most interesting to me. I did not see any pork though, nor any ACORN provision.
BTW, the buy-out still has the $700 billion limit, I thought they wanted that reduced?
^This is from a very quick *read* of the thing, it's 106 pages. Probably a lot I didn't pick up in my skimming of the thing, might be wrong about some of my concerns too. But $700B is a lot of money, and seems to me there is a lot of opportunity for many outside of government to profit, whether it be selling these at a profit (loophole above), or getting contracts to manage the mortgages, or buying from the Treasury and selling higher etc.
Cliffs? (badly needed but I've no time now - sorry
)
Fern
Link
(Edit #1: I note this copy I found is labeled "Draft for Discussion Purposes", so I can't be 100% sure this is exactly what they are discussing/voting on. I.e., could be other provisions inserted.)
the Secretary shall publish program guidelines, including the following:
(1) Mechanisms for purchasing troubled assets.
(2) Methods for pricing and valuing troubled
assets.
(3) Procedures for selecting asset managers.
(4) Criteria for identifying troubled assets for purchase.
Whoah! So the Secretary of the Treasury gets a butt-load of authority and leeway here. I understood that this was a complaint about the initial Paulson proposal. Seems he still has it.
So, this bill leaves open how these securities are to be priced?? (I think this should generate loads of discussion among finacial professionals - however there are none in Congress
And the SoT has the ability to hire outside people to manage the securities purchased by the DoT?
And he gets to decide whose troubled assets are pruchsed?
This is why it is a really really *Good Thing* to be friends with the Secretary of Treasury
Hehe, I would think that the Dems like this bill more than the Repubs. Whoever is in line under Obama to be SoT must be salivating, same with any of his friends in the finance profession.
purchases under the authority of this Act,
the Secretary shall take such steps as may be necessary to prevent un- just enrichment of financial institutions participating in a program established under this section, including by pre- venting the resale of a troubled asset to the Secretary at a higher price than what the seller paid to purchase the asset. This subsection does not apply to troubled assets
acquired in a merger or acquisition, or a purchase of assets from a financial institution in conservatorship or receivership, or that has initiated bankruptcy proceedings under title 11, United States Code.
^ This safeguard sounds like a good idea, too bad there's an enormous loophole in it. But I think only securities held before march '08 qualify, but anybody who bought, through bankruptcy or acquired in a merger before then can sell to the Treasury at a profit. Why is this loophole there? "Friends of Paulson"?
SEC. 102. INSURANCE OF TROUBLED ASSETS
(1) IN GENERAL.?If the Secretary program authorized under section
Secretary shall establish a program troubled assets, including mortgage-backed
issued prior to March 18, 2008.
^ Well, this was suggested as an alternative to the *buy out*, looks like they threw this in so now we have BOTH a buy-out and an insurance program.
(c) SALE OF TROUBLED ASSETS.?The Secretary may, at any time, upon terms and conditions and at a price determined by the Secretary, sell, or enter into securities loans, repurchase transactions, or other financial transactions in regard to, any troubled asset purchased under this Act.
^ Could be some real profit in here for someone getting a deal from the DoT when buying these things
The Secretary shall coordinate, as appropriate, with foreign financial authorities and central banks to work toward the establishment of similar programs by such authorities and central banks. To the extent that such foreign financial authorities or banks hold troubled assets as a result of extending financing to financial institutions that have failed or defaulted on such financing, such troubled assets qualify for purchase under section 101.
^ Oh great :thumbsdown: looks like we'll be buying OTHER countries crappy investments. Let's bail out the whole world!!!!
SEC. 132. SUSPENSION OF MARK-TO-MARKET ACCOUNTING.
AUTHORITY.?The Securities and Exchange Commission shall have the authority under securities laws (as such term is defined under section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)) to suspend, by rule, regulation, or order, the application of Statement Number 157 of the Financial Accounting Standards Board for any issuer (as such term is defined in section 43(a)(8) of such Act) or with respect to any class or category of transaction if the Commission determines that is necessary or appropriate in the public interest and is consistent with the protection of investors.
(See the WSJ article below) ^ This was another alternative suggested to avoid having to buy-out these securities. While I'm glad to see this is being looked at, I note we now have (1) a buy-out + (2) an insurance program + (3) the mark-to-market rule change.
SEC. 133. STUDY ON MARK-TO-MARKET ACCOUNTING.
(a) STUDY.?The Securities and Exchange Commission, in consultation with the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, shall conduct a study on mark-to-market accounting standards as provided in Statement Number 157 of the Financial Accounting Standards Board, as such standards are applicable to financial institutions, including depository institutions. Such a study shall consider at a minimum?
(1) the effects of such accounting standards on a financial institution?s balance sheet;
(2) the impacts of such accounting on bank failures in 2008;
(3) the impact of such standards on the quality of financial information available to investors;
(4) the process used by the Financial Accounting Standards Board in developing accounting standards;
(5) the advisability and feasibility of modifications to such standards; and
(6) alternative accounting standards to those provided in such Statement Number 157.
Link
The current meltdown isn't the result of too much regulation or too little. The root cause is bad regulation.
Call it the revenge of Enron. The collapse of Enron in 2002 triggered a wave of regulations, most notably Sarbanes-Oxley. Less noticed but ultimately more consequential for today were accounting rules that forced financial service companies to change the way they report the value of their assets (or liabilities). Enron valued future contracts in such a way as to vastly inflate its reported profits. In response, accounting standards were shifted by the Financial Accounting Standards Board and validated by the SEC. The new standards force companies to value or "mark" their assets according to a different set of standards and levels.
The rules are complicated and arcane; the result isn't. Beginning last year, financial companies exposed to the mortgage market began to mark down their assets, quickly and steeply. That created a chain reaction, as losses that were reported on balance sheets led to declining stock prices and lower credit ratings, forcing these companies to put aside ever larger reserves (also dictated by banking regulations) to cover those losses.
I do note that there is quite a bit of oversight provided for in the bill, including an inspector general looking over the SoT shoulder. We'll see how effective it is (or maybe we won't, this stuff is complicated and would be very difficult to trace).
There are many other provisions, I only listed those most interesting to me. I did not see any pork though, nor any ACORN provision.
BTW, the buy-out still has the $700 billion limit, I thought they wanted that reduced?
^This is from a very quick *read* of the thing, it's 106 pages. Probably a lot I didn't pick up in my skimming of the thing, might be wrong about some of my concerns too. But $700B is a lot of money, and seems to me there is a lot of opportunity for many outside of government to profit, whether it be selling these at a profit (loophole above), or getting contracts to manage the mortgages, or buying from the Treasury and selling higher etc.
Cliffs? (badly needed but I've no time now - sorry
Fern