Wednesday, March 9, 2011

Comparing Corporate Disclosure and Insider Trading in the US and UK



Global investing can appear to be easier than it is in practice. In particular, there are significant differences in regulatory regimes and the levels of public disclosure of corporate news flow. In particular, when comparing the UK to the US there are significant differences which can catch out the private investor. Not only do these differences manifest themselves in the legitimate trading but also for insider trading as well!
Investors need to consider these aspects, not because insider trading is advocated, but because it is never a good idea to trade against someone with better information as you. The key differences between the UK and US are that American companies report quarterly whilst British companies report every six months with management statements in the interim. Moreover, US companies give far more information. Investors can access webcasts and transcripts of earnings presentations and analyst Q & A sessions. UK companies do not give anything like this level of disclosure because the Financial Services Authority (the regulatory body in the UK) does not allow it. Ostensibly, this is to ‘protect’ private investors.
Unfortunately, this ridiculous state of affairs means that institutional investors are often privy to timely and significant market sensitive information that British private investors cannot access in the same fashion. Retail investors in UK companies cannot even access analyst Q & A sessions, and if the answers are not supposed to disclose key information on the company’s prospects than what are the questions being asked for?
The issue arose recently in connection with Pace and the company’s results statement. The management gave no mention whatsoever of the failure of a major client to make an order, yet then separately disclosed this information to a selected group of analysts. Consequently, Pace are believed to be facing a possible FSA inquiry into these actions.
The sad thing is that the Pace example is not isolated. It just happens to be a highly visible case. There is no excuse for private investors being excluded from corporate announcements, in which material information is disclosed. Whilst this situation is wonderful for institutional investors, it creates an uneven playing field and gives the City of London a reputation for being riddled with insiders acting secluded from private viewing.
One remarkable aspect, of this difference between the UK and the US is that the volatility over results seems to be less with British companies. I suspect this is because UK financial institutions tend to garner enough information about a company’s prospects beforehand. Whilst, in the US the greater requirements for transparent public disclosure mean that information is with held until fully public disclosure.
Unfortunately, the latter aspect has created a cottage industry of companies in the US who specialise in ‘channel checks’ and ‘networking’ with investors and corporate executives. Much of the activity of these companies seems to be devoted to garnering information prior to earnings results. Indeed, the Rajaratnam case has provided a telling insight into how some of the shadier aspects of this activity take place.
You pay’s your money, you takes your choice.
With the UK, you will get less volatility over results but less access to important information. With the US you will the reverse.  The US way is better, but it is best to be cautious with trading over results.

Tuesday, February 22, 2011

Bank Lending A Tale of Two Sectors



Bankers are the new Trade Unions! Regular readers will know that this blog has been harshly critical of the way that the credit crisis has been managed, particularly in the UK. This is not a position taken from the 'politics of envy' or an underlying belief in collectivisation.


Bankers are the New Trade Unions

On the contrary, the strongest criticism of the actions of redistribution of income and resources towards the banking sector-this always happens when there is a financial crisis- is that it is in direct opposition with free market principles. Upon reflection, the financial industry leaders should be seen to be more akin to the trade union leaders of the 70's and 80's. Depicting them as a collection of  'Gordon Gekko like' figures is actually damning them with faint praise. Gekko was ruthless, greedy and corrupt but at least he was efficient!

The trade union leader analogy is accurate because of these groups have a handle on the public purse and are seeking to use political muscle to enact a massive redistribution of income towards their special interest group. However, the trade unions never succeeded as well as the bankers did. Scargill thought that coal was 'too big to fail', he was wrong. The bankers had the advantage of being too big to fail, and they have gamed the taxpayer accordingly.


Creative Destruction being Destroyed

Aside from the moral considerations, is the fact that capitalism needs the 'creative destruction'. It needs the failures to be moved on to more productive enterprise. When corporation fail, their managements get moved on and new people are brought in, or the market will not support any restructuring plan. That is the way it works. Why is it any different for the banking industry?

These thoughts came to mind following the release of a couple of news pieces this week.

Firstly,  Lloyds agrees to pay £500m mortgage refunds
Britain’s biggest high-street lender, will pay refunds worth £500m to hundreds of thousands of its mortgage customers in the largest consumer reimbursement agreed with regulators.
About 300,000 customers with mortgages sold under the Halifax brand between 2004 and 2007 are in line for payments ranging from £5 to thousands of pounds after the bank failed to make clear how much interest they were paying on their mortgage.
So, yet more evidence comes to light of the pitiable management by the banking industry.


An Alternative View From the Building Societies

However, an alternative approach could be discerned from some of the traditional building societies. For example, looking at the latest statement from the Leeds Building Society


Chief Executive, Ian Ward, said, "Leeds Building Society has again delivered a very good set of financial results despite the continuing challenges for the financial services sector. Another year of record operating profit, record savings balances and 52,000 new members demonstrates that our successful, sustainable business model continues to deliver security and value. 
"Our new lending increased from £922m to £984m in 2010; this represented £250m above our market share. We continue to adopt a prudent approach to lending as demonstrated by our average loan-to-value (LTV) on new mortgages in 2010 being just 53%. Furthermore, all of the Society's residential lending is funded entirely by retail savings.

"In 2011, we plan to increase our new lending by at least 25% to around £1.25bn. This will be welcomed by home buyers as we provide more capacity and choice to the UK mortgage market.

Now the question has to be asked. Why isn't the Government doing more to promote these sorts of organisations? They should have been rewarded with increased market share following the follies of others. However, the policy of choice has been to carry on bailing out the perpetrators of the credit crisis rather than rewarding -or rather letting the free market reward- those who really did know the meaning of the word 'prudent'