corporate governance and financial fragility in ireland

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FINANCIAL FRAGILITY & CORPORATE GOVERNANCE IN IRELAND Dr Stephen Kinsella, UL [email protected] | stephenkinsella.net

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Here's a talk I gave to the CFAs in Ireland on June 12, 2009. The point of the talk is to advance a financial fragility hypothesis to explain many of the determinants of the 2009/2010 Irish recessionary period. This talk gives the context in terms of governance for the poor performance of the Irish economy to date, suggests one theory to explain the changes we have witnessed in Irish economic conditions in 2008 and 2009, and advances an “emergent” theory of corporate governance for the 21st century to better protect the Irish economy from the inevitable excesses of the financial sector.

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Page 1: Corporate Governance and Financial Fragility in Ireland

FINANCIAL FRAGILITY & CORPORATE GOVERNANCEIN IRELAND

Dr Stephen Kinsella, UL

[email protected] | stephenkinsella.net

Page 2: Corporate Governance and Financial Fragility in Ireland

“I DON'T THINK WE ARE ANYWHERE NEAR THE SITUATION THAT PREVAILED IN THE 1970'S.”— BEN BERNANKE, 2008

Page 3: Corporate Governance and Financial Fragility in Ireland

“THE CENTRAL PROBLEM OF DEPRESSION-PREVENTION HAS BEEN SOLVED, FOR ALL PRACTICAL PURPOSES.” ––ROBERT LUCAS, 2003

Page 4: Corporate Governance and Financial Fragility in Ireland

Eh, no Ted.

Page 5: Corporate Governance and Financial Fragility in Ireland

Changes in real GDP for Ireland, 1971–2008. Source: Central Statistics Office, Economic and Social Research Institute, and author's calculations. Note: 2007 and 2008 are estimates.

Page 6: Corporate Governance and Financial Fragility in Ireland

NOW.Corporate Governance & Financial Fragility in Ireland

Point of Talk: We should have made the rules tighter years ago.

Page 7: Corporate Governance and Financial Fragility in Ireland

WHAT I WANT YOU TO LEARN

1.Definition of Governance

2.History of Crises

3.Answer to Question: “Who does and who should regulate banks and financial intermediaries?”

4.History of Governance Structures in Ireland.

Page 8: Corporate Governance and Financial Fragility in Ireland

MINSKY

Page 9: Corporate Governance and Financial Fragility in Ireland

Minsky theory of the credit cyclecf. Minsky, Stabilising an Unstable Economy, (1986)

Page 10: Corporate Governance and Financial Fragility in Ireland

MINSKY MOMENTS1.Idea: Credit markets will breed their own reversal

2.How?

1.Cheap interest rates lead to increased lending.

2.This leads to increases in leverage (Loan/Deposit ratio).

3.Perverse incentives breed dodgy lending via financial innovations (Junk bonds/CDOS/etc) ensues.

4.Something changes, dodgy loans default, banks fail, unless they get bailed out by Big Bank/Big Govt.

Page 11: Corporate Governance and Financial Fragility in Ireland

MINSKY CYCLE

Five stages in Minsky’s model of the credit cycle:

1.displacement,

2.boom,

3.euphoria,

4.profit taking, and

5.panic.

Page 12: Corporate Governance and Financial Fragility in Ireland

3

Sectoral L ending ! March 2009

! PSC comprises two major components ! loans and holdings of securities. Holdings of

securities are an increasingly important component of credit, especially since the start of

2008, and mostly relate to credit extended to the financial intermediation category. This

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all sectors in Q1 2009 for the third consecutive quarter. Types of credit in this sector

include lending to non-bank credit providers, life insurance and pension funds, and

special-purpose vehicles (SPVs). The repurchase by credit institutions of residential or

commercial mortgage-backed securities issued by SPVs that are linked to individual

credit institutions is one of the factors behind the high growth rate of credit to financial

intermediation. However, a significant part of lending to the financial intermediation

sector is not associated with the domestic economy; this would include, for example,

lending to non-bank IFSC companies.

Page 13: Corporate Governance and Financial Fragility in Ireland

CORPORATE GOVERNANCE

Page 14: Corporate Governance and Financial Fragility in Ireland

WHAT IS GOVERNANCE?

Page 15: Corporate Governance and Financial Fragility in Ireland

Defini-tion

“Governance concerns the exercise of power through policies enacted by self- interested agents working within institutions”

Page 16: Corporate Governance and Financial Fragility in Ireland

ALL THIS HAS HAPPENED BEFORE, AND WILL HAPPEN

AGAIN

Page 17: Corporate Governance and Financial Fragility in Ireland

Latin American debt crisis of the 1980’s, US stock market crash of 1987,Japanese real estate and stock market crisis (and ensuing

liquidity trap) in the 1990’s, UK housing crash in 1991 and 1992, Mexican Peso crisis of 1994, Long-running Russian crisis of the mid-90s, East-Asian crisis of 1997/8, Bursting of the `dot com’ bubble in the US in 2000, Worldwide recession following the terrorist attacks of 9/11

in 2001, Argentinean currency crisis in 2002, Sub-prime crisis which began in the US in August 2007

Partial list of Crises 1980 - 2008

Page 18: Corporate Governance and Financial Fragility in Ireland

CAUTIONBanking is risky, must be regulated

Page 19: Corporate Governance and Financial Fragility in Ireland

BY WHOM?

• Since 2003, Financial Intermediaries licenced licensed in Ireland by the Financial Services Regulatory Authority (FSAI)

“Remit of the FSAI since its inception in May 2003 has been to license, liase with, and monitor the activities of licensed agents in the financial services sector, to ensure they act in the public interest according to legal strictures.”

Page 20: Corporate Governance and Financial Fragility in Ireland

WHO SHOULD LEND, AND WHY?

Lending by banks, for the most part, should be for productive, profit making activities

It is not clear that the practice of lending for investment in property, based on an expectation of ever-higher price increases in the value of that property, could be considered a productive activity.

It was, instead, a redistributive activity, where the future incomes of borrowers were transferred to the present to finance loans for mortgages on residential and commercial properties.

Page 21: Corporate Governance and Financial Fragility in Ireland

GOVERNANCE & REMUNERATION

• A Clear Principal-Agent Problem

Page 22: Corporate Governance and Financial Fragility in Ireland

GOVERNANCE & REMUNERATION

• “...the wave of corporate scandals that began in late 2001 shook confidence in the performance of public company boards and drew attention to potential flaws in their executive compensation packages. There is now recognition that many boards have employed compensation arrangements that do not service shareholders’ interests. But there is still substantial disagreement about the scope of such problems and, not surprisingly, how to address them. “

Bebchuk, L. and Fried, J. Pay without Performance: The Unfulfilled Promise of Executive Compensation, (Harvard University Press, Boston, 2004), p. ix.

Page 23: Corporate Governance and Financial Fragility in Ireland

STALL THE DIGGER.

Page 24: Corporate Governance and Financial Fragility in Ireland

US SUBPRIME LOANS

• Issued by FDIC

Page 25: Corporate Governance and Financial Fragility in Ireland

RECOMMENDATIONS FOR REFORM

• Speed up structural change

• Sponsor focused job creation programmes.

• Nationalise wayward Irish banks.

• Foster less procyclical leveraging

• Cede Regulatory control to EU.

• Encourage Transparency.

• Change the Rules

Page 26: Corporate Governance and Financial Fragility in Ireland

Excessive Regulation.

Sandin

the Gears

Page 27: Corporate Governance and Financial Fragility in Ireland

FINANCIAL FRAGILITY & CORPORATE GOVERNANCEIN IRELAND

Dr Stephen Kinsella, UL

[email protected] | stephenkinsella.net