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How Shadow Banks Rule the World****

http://www.spiegel.de/international/business/concern-over-lack-of-regulation-of-shadow-financial-institutions-a-866763.html
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By Martin Hesse and Anne Seith****

The Canary Wharf financial district in London. Zoom****

Getty Images****

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The Canary Wharf financial district in London.****

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Beyond the banking world, a parallel universe of shadow banks has grown in
the form of hedge funds and money market funds. They're outside the reach
of conventional financial regulation, prompting authorities to plan
introducing new rules to prevent the obscure sector from triggering a new
financial crisis. But in doing so they risk drying up an important source
of funding to banks and firms.****

Info****

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In the financial world, there is a narrow divide between heaven and hell.
Frenchman Loïc Féry realized this when he was 33. He was a rising star in
the banking world, managing the trade in complex loan packages for an
investment bank. According to his business card, he was the bank's "global
head of credit markets." But then one of his employees gambled away about
€250 million ($317 million), and suddenly Féry was without a job.****

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ANZEIGE****

That was in 2007. A number of investment bankers experienced a similarly
precipitous fall in the turbulent years of the financial crisis. But, like
Féry, many reappeared before long and became more successful than ever, in
the world of the so-called shadow banks. These are companies that engage in
business similar to that of ordinary banks, but without being subject to
the same strict regulation.****

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Féry launched a hedge fund in London. These notorious investment firms
collect money from customers and speculate with a wide range of securities.
Today Féry makes the kinds of investments that are too risky for his former
colleagues. He lends the money of his customers to companies whose
creditworthiness isn't good enough to qualify for loans from ordinary
banks, and he also buys especially risky loan packages from lenders. As a
result, he is able to achieve double-digit returns in the midst of a crisis.
****

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But the Frenchman, who has become so successful that he was able to buy a
first-division football club, FC Lorient, insists that companies like his
make "a positive contribution to the real economy," because they manage
risks professionally.****

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Growing Concern About Lack of Regulation****

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But banks, regulators, politicians and economists are worried about the
parallel universe that has developed beyond the major banks. Until the 2007
financial crisis, shadow banks grew at a pace similar to that of ordinary
financial institutions. Hedge funds, special-purpose entities and money
market funds benefited from the low interest rates offered by central
banks. Banks increasingly used outside companies to handle all the deals
that were too risky for them, so that they wouldn't appear on their books.
In this manner, shadow banks and regular banks collaborated to build a
castle in the air made up of loans.****

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Within a few years, the volume of financial transactions in the world of
shadow banks grew from $27 trillion to $60 trillion today. Now regulators
finally want to clamp down and set up a regulatory framework that has so
far been conspicuous by its absence for this sector.****

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After the financial crisis of 2008, German Chancellor Angela Merkel, of the
center-right Christian Democratic Union (CDU), said that there could be no
"blind spots" on the map of financial market regulation. But while more and
more laws were passed to control banks, regulation of the shadow banks is
only just beginning.****

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The man who is supposed to bring about the necessary change works in an
office tower far away from major financial centers. When Svein Andresen
broods over how he can best go about taming the wild masters of money, he
sees the Black Forest through his office window. The level-headed Norwegian
is the secretary general of the Financial Stability Board (FSB), which is
housed at the Bank for International Settlements in Basel, Switzerland, the
umbrella organization of the world's central banks.****

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The FSB is intended to avert a repeat of disasters like the 2008 crisis.
"For years, governments and regulatory agencies paid too little attention
to financial institutions outside the world of banking," says Andresen. Now
he wants to bring order to the chaotic world of shadow banks. But it's a
slow process.****

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Scant Information Poses Dilemma****

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In a few days, Andresen and his colleagues will present their proposals for
new laws which they hope will be enacted worldwide. But then the political
discussions will begin anew, and it will take until at least September 2013
before the new rules are in place.****

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At the moment, very little is known about many of the shadow companies.
Precisely because they remained largely unregulated for so long, there is
no government agency that could order them to provide information. "It's a
classic chicken-and-egg problem," says Andresen. Without regulation there
can be no data, and without data there can be no regulation.****

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Even the question of who should handle data collection in the future has
triggered a dispute between politicians and regulators. It isn't easy to
bring together opinions from the 20 countries whose governments meet
regularly at the G-20 summits of leading industrial and emerging economies.
To get the mammoth problem under control, FSB staff members have compiled a
"world map of shadow banks," as Andresen calls the puzzle-like project.****

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Fifty different types of companies have been identified, and the FSB now
intends to focus on the roughly 10 most common types. Regulators suspect
that these companies alone have assets totalling $20 trillion.****

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But the more detailed the research is, the more difficult it gets. For
instance, Germany's financial regulator BaFin called for the broad
documentation and regulation of hedge funds, only to be blocked by Great
Britain and the United States -- not surprisingly, given that many of these
funds are headquartered in London and New York. Now only hedge funds that
engage in real credit transactions will be subject to greater scrutiny in
the future, a group that makes up less than a third of the industry.****

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Hedge fund manager Féry's business would likely be included. The Frenchman
vehemently rejects being branded a reckless gambler, and he is not entirely
wrong.****

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Shadow Banks Have Benefits****

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Unlike other hedge funds, says Féry, he works without outside credit. If
money is lost, he explains, "only our reputation as manager and our end
investors -- who know the risk we are taking -- are affected."****

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Even a regulator quietly admits that the most dangerous loan packages,
which Féry buys from banks, among others, are in better hands at a hedge
fund, because the deposits of bank customers are not being put at risk.
"Those are the good sides of the shadow banking system." Féry also believes
that small- and mid-sized companies in particular depend on his services
because the banking crisis has forced them to "struggle for financing."****

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Using similar arguments, lobbyists from other areas of finance have already
managed to keep their customers largely out of the discussion. For example,
the FSB is not treating so-called private equity firms as shadow banks yet.
Their classic business consists of borrowing money from banks and taking
over companies, and then burdening those companies with the debt.****

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That doesn't threaten the stability of the entire financial system. However
giants like the Blackstone Group, founded by billionaire Stephen
Schwarzman, have long since turned into asset management companies,
investing in almost anything available on the financial markets.****

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Paul Schott Stevens, too, would prefer to keep his clientele away from the
scrutiny of regulatory authorities. The 59-year-old descendant of a family
of butchers from the southwestern state of Baden-Württemberg is the top
representative of an industry that is as powerful as it is obscure. He is
the president of the Investment Company Institute (ICI), which represents
money market funds.****

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The funds collect money from conservative investors, including pension
funds, insurance companies and ordinary savers. This money is lent for very
short periods -- weeks or months at the most -- to banks, municipalities or
companies. The lending takes the form of purchases of short-term bonds.****

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Most money market funds, which control almost $5 trillion in investment
capital, are headquartered in the United States. In 2008, they put the fear
of God into regulators and politicians when one of the companies, the $62
billion Primary Reserve Fund, bought up large quantities of short-term debt
securities from Lehman Brothers. After the investment bank went bankrupt,
the fund had to be liquidated.****

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The Illusion of Security****

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It came as a shock to customers in the industry because money market funds
had long been viewed as a safe investment, precisely because, on the
surface, they are often very similar to banks. They even issue credit cards
and checkbooks in the United States.****

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When it became clear that security is an illusion, the one thing happened
that regulators in the financial world fear most: Investors went into a
panic and emptied their accounts. The government was forced to issue a
guarantee for the money market funds. If it hadn't done so, it is quite
possible that the next worldwide financial quake would have been triggered.
This is because the industry is a major financier of banks, including
European banks.****

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US money market funds sent the financial world into turmoil once again in
2011, when they withdrew billions of euros from French banks that had
become the subject of market speculation in the euro crisis. This time it
was the international central banks that came to the rescue, providing the
banks with a fresh injection of dollars. French banks, in particular, were
dependent on the steady flow of short-term capital from the money market
funds. In many cases, the banks would turn around and relend the money for
long-term purposes, such as aircraft leases.****

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Regulator Andresen wants to put a stop to such events. "If the money market
funds run into problems, they immediately transfer the risks to the banks
-- and vice-versa," he says.****

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There are plenty of proposals for stricter controls. Since 2010, the US
money market funds have at least had to disclose more details about where
they invest. They are also required to have more cash reserves on hand in
case large numbers of customers suddenly want to withdraw their deposits.
Andresen would also like to install thicker security buffers or water down
the value guarantee that money market funds give their investors.****

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Money Market Funds Are Needed****

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The crazy thing is that Andresen's efforts could bring about precisely the
opposite of what he wants to achieve. Because of low interest rates on the
bond markets in which money market funds invest, profit margins are already
extremely slim. "The business isn't profitable at the moment," industry
representative Stevens says emphatically. Stricter rules would cost even
more money, and Stevens predicts that many fund managers would quit the
business for good.****

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That too is a nightmare scenario because it would mean that not only many
banks, but also companies and even a number of US municipalities would lose
an important source of funding. Money market funds buy two thirds of the
short-term debt securities issued by American municipalities. Companies
that need fresh money to run their daily operations also regularly resort
to the shadow lenders of the financial industry.****

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"The world would be a very, very dark place without money market funds,"
says Alice Joe of the US Chamber of Commerce. That's because many companies
need millions from one day to the next, she explains. All it takes is a
call in the morning to the right dealer, "and they'll have the money in
their account that afternoon." The same process would take three days with
banks.****

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Even giants like the EADS Group often rely on short-term funds because
aircraft production is expensive. If something goes wrong in the production
chain, the group's financial managers need to come up with giant short-term
loans within hours. When EADS issued €300 million in new bonds a few weeks
ago, "they were placed within 15 minutes," says Jörg Weber, who handles the
group's dealings with money market funds. It cannot be in the interest of
regulators to see such an important industry fall apart, says US lobbyist
Stevens.****

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It's because of concerns like this that the realm of the shadow banks will
likely continue to grow. The stricter the regulations for normal banks, the
more money migrates to the unregulated parts of the financial world. FSB
Secretary General Andresen fears that investors will soon forget the
potential consequences of risky deals with shadow banks. "And if
regulations aren't in place by then, we could easily experience something
similar to what happened in 2008."****

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Translated from the German by Christopher Sultan****

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