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BIG TOWN REGULATIONS, SMALL TOWN LOSERS

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Big Town Regulations, Small Town Losers

We see it all the time. Regulatory decisions seem to systematically work in favor of the big guy and work against the little guy, or the upstart. Just recently the “distributed taxi” company Uber has faced incumbent-protection measures from the Washington DC Taxi Commission. Some of the recent proposed Senate legislation to regulate journalism favors traditional news outlets over bloggers. The Affordable Care Act incentivizes doctors to join large hospital organizations rather than remain in small practice. Online education companies are singled out for criticism around borrowing and job placement statistics, criticism that is not leveled at traditional schools.

Why does this happen so much? Sometimes these impacts are a direct result of the process that everyone seems to hate: “Lobbying.” But sometimes these results are simply a side-effect of the fact that complying with any regulation is a burden, and complying with heavy regulation can be a heavy burden. So in finance for example we find that meeting the public company filing requirements under Sarbanes-Oxley has been estimated to cost a company up to $3 million per year. With this being the case, only bigger, stronger companies are in a position to access the advantageous financing that public markets provide.

Dave Jefferds

Dave Jefferds

Other times, however, regulation helping the big guy at the expense of the little guy almost seems like a case of unintended neglect. One area of finance where this may be true, and that may end up having a big impact on the “small bank” economy, is the TruPS (or Trust Preferred Securities) sector.

TruPS are hybrid instruments that benefit from equity-like treatment for capital calculations but debt-like treatment for interest purposes. So this kind of security is the best of both worlds for the issuer. Part of the logic for equity-like treatment derives from the fact that issuers can defer payments to investors for up to five years in certain circumstances. This ability to defer payment for such an extended period feels a lot like equity. And many TruPS issuers have been deferring now for just about five years, meaning that they have to fix the situation by making back interest payments or else go into default. This ability of the TruPS bondholders to force default feels a lot like debt.

The issue is coming to the fore. In May, American Bancorporation of St. Paul, Minnesota, suffered the first high-profile involuntary bankruptcy related to TruPS creditors finally acting to enforce their rights.

Crucially for the question of what banks can do now to save themselves from bankruptcy, two of the major bank regulators took different views on TruPs. The Federal Reserve was willing to treat them as equity, allowing the bank to count TruPS towards Tier 1 Capital reserves. The Federal Deposit Insurance Corp. balked, leading to the following anomaly: TruPs at insured depositories are pretty much issued only at the holding company level (regulated by the Fed) rather than at the operating company level (regulated by the FDIC). (For a full discussion see ( HYPERLINK “http://www.dealvector.com/blog/wp-content/uploads/2014/05/TRUPS-Market-From-Start-to-Finish.pdf” The Trust Preferred CDO Market: From Start to (Expected) Finish, published by the Philadelphia Federal Reserve)

The problem is that, in certain cases, regulators are refusing to allow banks to use excess capital reserves to satisfy their TruPS obligations, potentially resulting in regulator-driven default of an otherwise healthy, or at least salvageable, institution. That doesn’t appear to have been the case in the American bankruptcy, but industry sources are telling us that regulators have been reluctant to let a well-capitalized bank use excess funds to shore up the finances of its holding company. So the consequence of the initial regulatory split is that the problem is in one part of the bank, but the solution is in another part of the bank, and the solution cannot be brought to bear on the problem.

The TruPS market is now hitting crunch time because the deferral grace period only lasts for five years. Several hundred regional banks are potentially becoming subject to bankruptcy proceedings if the TruPS creditors decide to enforce their rights, but some find themselves caught in a catch-22. Because it is the bank that generates cash while it is the holding company that owes the back interest, cash needs to be transferred from the bank to the holding company to satisfy the debt, even though they are for practical purposes the same entity. But because the general rule is to disallow the up-streaming of cash to the parent for the payment of dividends (remember the holding company treats TruPs as equity), no cash is available even in cases where the bank has excess capital reserves.

The result may be that some banks with sufficient capital to make good on their loan obligations will be forced into default—in other words, an action ostensibly taken to strengthen the bank (holding excess cash to improve the capital position) may end up bankrupting the bank through the holding company. Yet the Fed and FDIC seem curiously unconcerned about this scenario.

There are several possible reasons for this indifference. It may be the regulators have not observed this type of forced bankruptcy to date, and so inertia wins the day. It may be they believe actually that TruPS creditors will not try to enforce their rights. This is where the American case could be so instructive.

It may also be that they are focused only on preserving capital ratios at the operating bank level, and will not approve any transaction that involves using part of that capital to pay liabilities at the holding company level. If this possibility is really motivating the government, then banks will not get recapitalized at the holding company level. Some of them will be forced into bankruptcy since the five-year deferral period is now ending. The end result of this process will likely be acquisition by larger banks. Consequently, small banks that could possibly have recapitalized will be rolled into superregionals, and smaller banks will go away.

End result? Fewer, bigger banks. Should we add regional banks (like taxis, doctors, bloggers, and online schools) as another in the long list of small company regulatory losers? Is that what the government wants?

Jefferds is co-founder and chief operating officer at DealVector in Sausalito, Calif. DealVector runs an online platform that connects investors in fixed-income or distressed with other participants in deals.

 By Dave Jefferds

In early May, the holders of the trust-referred (TruPs) liabilities of American Bancorporation of St. Paul in Minnesota, forced the company into involuntary bankruptcy.  The case is timely because it shows that Collateralized Debt Obligation (CDO) vehicles, one of the major holders of bank TruPs, are finally enforcing their creditor rights. It also raises questions about whether regulators might consider more flexibility in their approaches to preserving bank capital and solvency. Though American’s bankruptcy was complicated by several factors apart from regulation, concern is mounting in the banking community that other bank holding companies could follow a similar path unless banks are given more options for restructuring and avoiding bankruptcy.

By way of background,

NY investment banks

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Banking

How open banking can drive innovation and growth in a post-COVID world

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How open banking can drive innovation and growth in a post-COVID world 1

By Billel Ridelle, CEO at Sweep

Times are pretty tough for businesses right now. For SMEs in particular, a global financial and health crisis of the sort we’re currently witnessing represents a truly existential risk. Yet there is hope of a brighter future. Digital transformation is already helping organisations in countless sectors, with everything from building supply chain resilience to rolling out potentially life-saving contact-tracing schemes. Yet it’s not just delivering transformative benefits in grand projects like this.

Thanks to open banking rules, a new wave of fintech innovation is sweeping the globe, offering business leaders a new launchpad for success. Even something as simple as corporate expenses can be transformed by the power of open data — to help firms cut costs, reduce fraud risk and become more productive.

Opening up data to innovation

It’s easy to get bogged down in the technical details of open banking, and the slew of new acronyms it has ushered in: Third Party Providers (TPPs), Account Information Service Providers (AISPs), Payment Initiation Service Providers (PISPs), and Application Programming Interfaces (APIs). Yet at the heart of the open banking revolution is a simple concept: the idea that forcing banks to open up their customers’ financial data will create more competition, and fresh opportunities for market entrants to create innovative new services.

This was at the heart of the UK government’s world-leading strategy when it was introduced back in 2016. A revised EU payment services directive (PSD2) gave it legal teeth, mandating that all payment account providers in the region provide third-party access for customers that want it. The push is also about reducing banking fees and enhancing financial inclusion, of course, but it’s in competition and innovation that the benefits really shine for businesses.

Access to real-time financial data via open APIs has already resulted in a range of new services which are helping businesses ride out the current economic storm. Whether it’s capabilities that can help freelancers prove loss of income to receive targeted loans, or services designed to streamline business processes to reduce costs and fraud — examples of innovation are endless.

What’s more, it’s already global. Aside from the PSD2, open banking rules are taking shape in Australia, New Zealand, Japan, Singapore, Hong Kong, Mexico and elsewhere. According to frequently cited Gartner predictions, regulators in around half of the G20 countries will create an open banking API regime over the coming year.

In the UK alone this is set to create a £7.2 billion revenue opportunity by 2022, with 71% of SMBs and 64% of adults expected to adopt it by then, according to PwC.

Making expenses pay

Corporate expenses and travel management might not be an area one immediately associates with high levels of innovation. But here too, open banking is having a profound impact. By combining automation, in-app approvals, integration with corporate policy and secure open banking APIs, companies like Sweep are offering new ways to solve old problems.

Part of the legacy challenge relates to productivity. Managing corporate travel costs and expenses was cited last year as the biggest concern of the UK’s small and mid-sized firms. Separate research claimed that SMBs are estimated to lose over £8.7 billion annually due to the time it takes employees and managers to complete these menial tasks. By automatically integrating real-time corporate bank account information into an easy-to-use app, we can save up to 15 hours a month on data input and travel administration per employee. That’s all time they could be spending on growing the business.

Another key area of concern is fraud. According to some estimates, fraudulent expenses claims could be costing UK firms £1.9 billion each year. In the US, the figure could be approaching $3 billion annually. Whether it’s the result of submitting expense claims for personal purchases, claiming for additional mileage on work trips, or over-claiming for other items, it all adds up. What’s more, fraud tends to spike particularly during times of recession, when normally diligent employees look for ways to supplement their income.

In this use case too, there are benefits to be had from open banking-powered solutions. Traditional manual processes offer too many gaps that can be exploited by fraudsters. Submitting paper receipts to finance departments — which must then input the information into spreadsheets or accounting software — is slow, error-prone and lacks accountability. However, with modern digital systems, transactions are automatically fed through from bank account to expense management platform. Here they are seamlessly checked according to policy and automatically approved, rejected or flagged for further investigation.

The future’s open

Thanks to the power of open banking, innovative fintech use cases like this are transforming operational challenges into opportunities to cut costs and fraud risks, improve employee productivity and become more strategic. With real-time data fed through from corporate bank accounts, finance directors can better understand spending patterns, react with greater agility and gain the insight they need to run their businesses more efficiently.

So what of the future? The good news is that open banking is only just getting started. As more sophisticated machine learning algorithms are developed, it has the potential for even greater disruption by empowering SMEs with predictive analytics and forecasting tools, or more accurate fraud checks, for example. Those in Europe may benefit most as PSD2 allows businesses to use tools that work seamlessly and securely across markets, without requiring any duplication of work.

In fact, open banking is not just good for individual SMEs, it’s important for Europe as a whole if we are ever to nurture successful digital unicorns to compete with those coming out of the US and China.

Open banking been described in the past as a quiet revolution. With the right buy-in from business and the continued innovation of digital platforms, it may soon become a full-throated roar.

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Banking

Banks take note: Customers want to pay with points

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Banks take note: Customers want to pay with points 2

By Len Covello, Chief Technology Officer of Engage People

‘Pay with Points’ – that is, integrating the ability to pay with loyalty reward points directly into the online check-out process – is a trend that is growing exponentially with big-name brands like Amazon, PayPal and American Express leading the way.

The past few months have posed an unprecedented challenge in the loyalty space, especially with the pandemic’s impact on travel. The unforeseen impacts across the board have caused institutions with premier incentive credit cards to feel increased pressure to retain their loyalty members. As such, exploring innovative ways to create a personalized loyalty experience for customers is at the forefront now more than ever.

Offering the flexibility to pay with points is certainly one option that can help transform financial institutions’ (FIs) loyalty programs. With the evolution of consumer preferences – like relying on other forms of payment outside of credit and the movetowards contactless payments – viewing points as currency naturally ties into the “new ways” in which American consumers bank, pay and shop.

Personalization is a win-win for banks and loyalty program members

As the world continues to evolve in light of the pandemic, consumer habits like mobile banking and shopping online for groceries are likely to carry over long-term. As a result, consumers will expect their loyalty programs to provide new incentives to fit their ever-changing needs. By offering loyalty program members the ability to pay with points for the items they want or need during the online check-out process, FIs are creating a more personalized shopping experience. This can help increase member retention, especially compared to dated loyalty programs that offer limited options for point redemption.

As we’ve learned with iPhones, tap to pay and other technologies that reduce friction, once consumers begin using a new and convenient digital service, there’s little desire to go back to the old way of doing things. By incorporating pay with points into loyalty programs sooner rather than later, FIs will be setting themselves apart in terms of meeting their members’ needs with modern payment offerings.

Outside of providing a personalized experience to loyalty program members, pay with points as a program perk also has specific benefits when it comes to a bank’s bottom line. Currently, there are billions of dollars in liabilities in the form of unused points sitting on banks’ balance sheets. This is in part due to loyalty program members’ inability to spend their points how they want.. By allowing a more personal and flexible way to spend points, banks can reduce those liabilities while creating a more engaging experience for their members.

Meeting consumer demand is easier than you think

Incorporating the infrastructure to power new digital capabilities is more often than not a cause for concern: how expensive will it be? What does down time look like? How long will it take to get up and running?

Luckily for banks, the process is actually quite simple – and inexpensive. With a lightweight integration of a few APIs, banks can tap into a pool of retailers to make their merchandise available for purchase with points by loyalty program members in no time. And as the retail network expands, there’s no need for additional IT work to add new brands into the fold. Ultimately, API integrations upfront create a frictionless and scalable solution for FIs and a preferred shopping experience for members. And based on market feedback, the personalized experience that results from giving customers the option to spend points as easily as they would cash or card, far exceeds any initial inconveniences that may arise.

According to our recent Customer Loyalty Survey, 75% of customers are more likely to spend loyalty reward points to make a purchase over other payment methods. The findings also indicated that 72% of customers are actively engaged in loyalty programs because of the available redemption options.

Long-term loyalty is not just about acquisition or promotional material, but rather the experience of redemption and viewing loyalty points through a fresh lens. Customers today are well-versed in what’s available to them online. The more redemption options offered to the consumer, the more appealing the FI becomes.

Loyalty point redemption’ in action

In April of 2020, when the world was mostly in lockdown, we looked at how a select group of approximately 3,000 consumers spent their loyalty reward points, comparing April 2020 to April 2019. Key findings suggest that, if given the opportunity, consumers will spend their loyalty points to buy what they want or need based on their specific circumstances. For example:

  • Significant increases in the purchase of outdoor items like BBQs and smokers (+3401%), fire pits and heaters (+2644%) and pool and patio accessories (+1297%) suggested people were making the most of the spaces around them.
  • Consumers were focusing on their personal health and well-being with the increase in points spent on fitness accessories (+1664%), bike accessories (+1453%) and fitness trackers (+536%).
  • Finally, the increase in purchases of hand-held power tools (+3076%), smart control lighting (+1750%), stick vacuums (+1096%) and specialty small appliances (+531%) suggests consumers took advantage of the opportunity to check projects off their at-home to-do lists.

We’re keeping a close eye on how loyalty point purchases evolve as more retailers and FIs get on board with viewing points as a true form of currency, especially in a post-pandemic world. Which items will rise to the top in the coming months and years as the payments ecosystem evolves? Will flight purchases or experience-based purchases regain popularity?

What’s next in the loyalty payments space?

As consumers continue to look for alternative payment methods, offering the flexibility to pay with points is the perfect opportunity for FIs looking to reinvent their loyalty programs. Engage People has always viewed loyalty points as a fiat currency, creating innovative technology that allows for easy integration that satisfies loyalty program members’ needs.

In the future, there’s a real opportunity to incorporate loyalty reward points into everyday life – extending beyond the online shopping experience. Imagine a world where you can pay for coffee, your bills, monthly subscription services like Netflix or make charitable donations with loyalty points just as you would with a credit card or cash. The future involves a mindset shift by consumers, financial institutions and the entire payments ecosystem, and that shift is viewing loyalty points as a true form of currency. Like reaching for cash, a debit or credit card, loyalty points can easily become a payment option of choice for consumers. FIs that are at the forefront of this trend now have the most to gain long term.

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Banking

The Importance of Liquidity Solutions

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The Importance of Liquidity Solutions 3

By Justin Silsbury, Lead – Product Manager at Infosys Finacle

Economic uncertainty and business complexity have made a deep impact on corporate treasury management in recent years. With regulations getting tougher, funding becoming elusive, and profits shrinking fast, the way liquidity is managed is making a real difference to companies’ survival. As corporate treasurers around the world struggle with the challenges of liquidity management, they are turning to their banks for support; it is imperative that the industry respond with digital solutions that enable clients to manage money efficiently at low cost.

Why corporates need liquidity solutions

Corporate banking customers need a liquidity structure that maximises security, liquidity and yield.  Even today, treasurers in multinational corporations lack visibility into their companies’ overall cash position across countries and currencies. Delivering returns on excess cash, although important, is not a priority for them, but making sure the money is safe and available when needed, is. Therefore, a liquidity solution should be able to consolidate a company’s cash position across all its accounts around the world, provide a unified view in real-time, as well as offer timely suggestions on maximising utilisation and yield. It should automate all these functions as far as possible to reduce both manual overheads and the risk of moving money manually on a daily basis.

Broadly, liquidity solutions are of three types – cash concentration solutions that automatically move money around the world; interest optimization solutions that reward customers based on their aggregated balances without the need to move any money; and investment sweeps that move all the consolidated funds to a money market fund or other short-term investment to earn extra returns.

And why banks should provide them

There are several reasons why banks should invest in a sound liquidity solution. The most important one is that without it, a bank can never become a customer’s principal financial institution. A large corporation will have many banking providers, each one trying to increase share of wallet; in this situation, a high involvement product such as a liquidity solution is particularly effective for building stickiness and strengthening a bank’s position vis-à-vis others. An illustration may be useful here: say a food retail chain banks with Santander in the U.K., and other banks across Europe. If the retailer chooses to consolidate its cash daily into its U.K. account using Santander’s liquidity management solution, where the excess cash can then be swept into an investment vehicle overnight, over time, Santander can cross-sell other products to the client to increase revenue and stickiness.

Technology does it

Corporate banking has historically lagged retail banking in technology adoption. It is high time that banks remedied this by digitizing their corporate solutions. Specifically, they can leverage a variety of digital technologies to provide clients instant access to liquidity, global visibility into the overall cash position, and efficient working capital management. With robotic process automation and machine learning, they can simplify and automate processes to cut cost and lead-time.  Blockchain enables banks to offer fast, secure, cross-border transactions, while open APIs ease collaboration and co-innovation with Fintechs, customers and developers.

Banks need to deliver frictionless, personalized, “retail banking-like” experiences over customer-centric corporate banking channels. Instead of channel silos – one for liquidity, another for payments and so on – customers will see data from all their accounts in one place, from where they can manage liquidity, forecast cash flows, secure trade finance etc. On their part, banks can use 360-degree customer insight to issue not just timely alerts but also contextual recommendations. For instance, being able to alert a customer that a large payment is due the following week, but also suggesting the best options for arranging those funds.

Apart from improving the customer journey, a real move in corporate banking is towards cloud adoption. Many banks have started the cloud journey, but many still have some distance to cover before they are fully cloud-enabled; mainly, they are migrating monolithic, on-premise workloads to the cloud. Early adopters, such as JP Morgan Chase, HSBC and Citibank, are setting the pace by developing their own capabilities as well as procuring certain components from Fintech partners to plug into their overall solution.

One size doesn’t fit all

In the past, corporate banking solutions were largely meant for big companies, but today they are relevant to enterprises of all sizes. Internet and mobile have enabled even small local firms to scale far and wide, creating a need for solutions to manage their money across borders. Therefore, banks need to make sure their liquidity solution can accommodate the different needs of different clients. Only a flexible, componentised solution can do that.

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