TOPIC ONE :
BUILDING THE SUCCESS
CAPABILITIES TO GLOBALIZE
MALAYSIA’S TREASURY AND
CAPITAL MARKET
“Building
the Success Capabilities to Globalize
Malaysia’s Treasury and Capital Market”
by Calbert Loh Wai Mun, Bangkok Bank Berhad
Changing
economic and business environment as well as rapid technological advances over
the last decade has had significant impact on the development of the Malaysia’s
financial system, domestically and globally. Global
forces at work and advances in technology have redefined the rules of the game
and transformed the operational environment within which financial institutions
operate. Indeed, the ability to reap the benefits arising from greater
competition depends largely on the capability and capacity of financial
institutions to adapt swiftly and to embrace the changes.
Similarly, the rapid pace of economic
development and transformation that creates new demands as well as
opportunities for businesses have called for a more effective and efficient provision
of financial services both in the treasury and capital market. In moving ahead,
a well-defined strategy will need to be formulated for the financial sector if
it were to prosper in the new environment and play a meaningful role in the
nation’s future economic development.
In order to spur further growth in the financial industry market, Malaysia needs to continue to promote foreign direct investment (FDIs). The financial industry companies need to undertake cross-border investments to grow their overseas markets, seize new investment opportunities, acquire new technology and expand the sources of financial instrument product and services.
The attraction of foreign investment
and global financial flows through the creation of 'conducive conditions' in
globalization of Malaysia’s treasury and capital market are presumed. Malaysia’s growth domestic product (GDP) has an average
growth rate of 6% with a forecast average inflation rate of 5.8% this year and
a further reduction to 3.5% in 2009. Malaysia’s share of inward foreign direct
investment (FDI) into South, East and South-East Asia region rose to 3.4% in
year 2007, the highest in five years from 2.9% in year 2006 as per Table 1 and
2. China and Hong Kong combined continued to take up the lion share of it,
accounting for a total share of 57.9% in 2007, followed by Singapore 9.7% and
India 9.3%. Consequently, according to the Malaysia Industrial Development
Authority
(MIDA) figures, Malaysia’s ranking in attracting FDI into the region jumped to
the 6th place in year 2007 from 7th place previous year
despite initial fears of the ongoing financial crisis in the United States will
have a spillover effect to Malaysia. Malaysia approved a total of MYR36.8
billion worth of investment projects during January-August period of year 2008
far exceeding the MYR33.4 billion throughout last year.

Globalization Objectives To Be Met
For The Financial Sector
The objective of the globalization
of treasury and capital market is therefore to develop a more resilient,
competitive and dynamic financial system with best practices, that supports and
contributes positively to the growth of the economy. The development of
domestic institutions that form the core of an efficient, effective and stable
financial sector is an important part of this process based on the following
factors:-
• It is envisaged that
Malaysia’s real economy will continue to expand significantly during the
decade, becoming more internationally integrated and more dynamic. Globalization
of the financial system is the next step to undertake amid strong growth in
high-tech services, greater reliance on small and medium-sized industries
(SMIs) with increasingly rapid rate of innovation, and with more differentiated
and demanding consumers.
• To serve this dynamic economy
efficiently and effectively, and to ensure that domestic institutions will have
a leading role within it, the financial sector, particularly its domestic
institutions will need to be more focused, efficient and innovative.
• The
regulatory framework within which the financial industry operates will be based
on a supervised market approach. The regulations will allow product innovations
and market activism, while being strongly supervised by standards and prudential
requirements.
• A strong financial landscape
will consist of a more diversified range of ‘brick and mortar’ financial
service providers, from large one-stop financial centres to niche providers, of
specialist services competing with ‘virtual’ providers across most product
areas. In addition, the capital market will have a relatively more important
role in the allocation of resources and risks.
Key Drivers To Globalization
As changes in the global financial industry continue to evolve and accelerate in the new millennium, the Malaysian financial system, particularly domestic banking institutions and insurance companies will face mounting pressure to become more efficient and competitive, innovative, technology-driven, and strategically more focused. The financial infrastructure will have to be developed accordingly to facilitate and support this development.
1.1 Greater Competition Driven by Deregulation, Consolidation, New Entrants
and Greater Price Transparency
Globalization,
deregulation, consolidation and emergence of virtual marketplaces are
intensifying competition. In some Asian economies, foreign ownership limits
have been raised significantly with most no longer having foreign ownership
limits, deregulating price controls, issuing of new banking licenses or
allowing universal banking.
1.2 Growing Capital Market Will Increasingly Result In Disintermediation
As the
domestic capital market deepens, there will also be a shift from bank lending
to the capital market. Large domestic corporate will also seek to list their
shares on foreign stock exchanges, in order to have access to global equity
market in order to tap the lowest cost and most stable funds.
1.3 Financial Institutions Are Using New Organisational Structures and More
Aggressive Compensation Models, and Relying On Alliances and Third Party
Relationships
In an
ever-growing, fast changing business environment, the value of good ideas is
correspondingly multiplied, and the value of top talent increases accordingly.
The best talent, technology and strategy that come with it, are increasingly
unaffordable and have to be accessed externally. As a result, the use of new
compensation structure as well as outsourcing and alliances by financial
institutions are becoming widespread.
Building The Success Capabilities
In order to bring in greater innovation, flexibility and dynamism into the Malaysian financial system, measures to identify the weakness and to remove impediments to progress will be implemented, beginning with improvements in infrastructure and increasing the intensity of domestic competition, so as to allow best institutions to flourish.
1.1 Develop An Industry-Wide Benchmarks To Drive Performance
An industry-wide benchmarking programme provides a powerful tool for greater strategic focusing, for guiding domestic banking institutions to measure their own performance in ways that will highlight both operational and strategic opportunities and for the implementation of skill building measures. A working group or committee needs to be set-up to analysis on the financial and operating statistics data, an effective risk management process and to conduct customer need analysis and satisfaction surveys.
1.2 Promoting Best Practices, Conduct Focused Training and Accreditation Of
Credit Officers and Managers
The
institutional bodies such as Institute of Bank-Bank Malaysia
(IBBM), Rating Agency Malaysia (RAM) and other financial institutions need to
improve awareness of best practices and conduct industry-wide focused
training which includes periodic discussion groups. The main area of
focus includes electronic commerce and banking, procurement of operational
support system, performance management, consumer marketing and credit risk
management. The implementation of accreditation of credit officers and managers
by Bank Negara Malaysia
(BNM) will raise awareness and improve minimum standards on credit risk
management.
1.3 Remove Restrictions on Financial Institutions Staff Mobility, Movement
and Salaries
Human capital is the most important asset for the financial banking industry in order to ensure sufficient pool of human talent. In order to attract the very best people in the domestic banking institutions from abroad and locally, higher staff salaries increment which is based on global standards need to be implemented while the penalty for domestic staff pinching will need to be gradually removed. As a medium term strategy, employment for new international talents from competent expatriates on a contractual basis with more flexible remuneration packages will serve as a mean for transferring of skills and technology. However, it is in the interest of the country over the long term to develop its own pool of domestic skills and talents. In addition, the setting-up of single website for staff recruitments among the financial institutions working hand-in-hand with the role of unions and associations to increase staff mobility and redeployment into other areas and later transformed into performance based incentives.
1.4 Setting-up Of One-stop Financial Centres
There has
been a global trend for financial institution to create a one-stop financial
centres that offer wide ranging facilities to their customers. The ability to
offer customers a broad range of financial services such as treasury and
capital market instruments through the same distribution channel will be the
key to building stronger customer knowledge and better competitive advantage.
This will include allowing financial institutions involved in cross-selling to
consolidate their balance sheets and operate as a single entity holding
multiple licenses, subject to prudential considerations.
1.5 Adopt “What Is Not Prohibited Is Allowed” Regulatory Philosophy
The
present approach involves pre-approval requirement restriction on new treasury
and capital market activities. Although some restrictions are necessary for
prudential purposes or consumer protection, the requirement for approval to
conduct activities that are not clearly forbidden has been viewed as an
impediment to innovation. The adoption of “what is not prohibited is allowed”
philosophy will act as a guide for financial institutions to innovative
ventures rather than to remain with their traditional approaches. A simple
product notification process to the regulatory bodies will be sufficient to
ensure that regulators are aware of market development on new products. A set
of clear guidelines for applications for regulatory exemptions will need to be
issued by Bank Negara Malaysia (BNM) in order to reduce respond time and
reasons for rejection of new products to indicate the nature of the regulatory
concerns. In this case, the financial institutions will need to improve the
level of product transparency and consumer education with a more efficient
structure involving the Financial Mediation Bureau (FMB)
to address consumer complaints.
1.6 Deregulate Pricing and Rules of Association on Fees, Charges and Mandate
All Financial Institutions To Be Rated
A key
element in driving performance improvement in the financial industry is to
increase the competitive intensity with market-determined prices. Further
liberalization of fees and charges to avoid high lending margins, overpricing
to customers, implementation of price cap and to facilitate product bundling
for segment-targeted pricing. Under a more liberalized and globalized
environment, there is greater demand for transparency thus the rating
requirement by at least a local rating agency will improve market discipline.
1.7 Implement A System Of Incremental Enforcement Actions And Early Warning
System
Incremental
enforcement actions against problem financial institutions will need to be
developed to implement examiners’ finding which is divided into informal and
formal enforcement actions. Informal action include signing of Memorandum of
Understanding (MoU) among the financial institutions while formal action ensure
the financial institutions seek remedial actions on the findings
raised by the examiners. In addition, prompt corrective actions will be taken
in cases where specific early warning indicators are reached such as declining
risk-weighted capital (RWCR) which indicates deterioration in the overall
soundness of the financial institutions.
Conclusion
While measures have been taken to
increase domestic capacity to globalize the Malaysia’s treasury and capital
market, implementation of the recommendations is advisable to be implemented in
a practical manner such that the desired outcomes are achieved without any
destabilising impacts to the financial sector. However, in the globalize
environment, tougher measures by incorporation of new Anti-Trust Regulations to
address financial market monopolistic behaviors and to implement Consumer
Protection Act to promote market-orientated consumer protection environment
needs to be handled carefully by Bank Negara Malaysia (BNM) officials. Whilst
it is motivated by the need to globalize the treasury and capital market, it
would also be tampered with a sense of practicality and reality of the
international financial market.
References
1
Jan Aart Scholte, “Globalization: A Critical
Introduction”, 2000
2
Joseph E. Stiglitz, “Globalization and Its
Discontents”, 2007
3
Robert Jackson and Georg Sorensen, “Introduction to
International Relations: Theories and Approaches”, 2006
4
Thomas Friedman, “The World is Flat: The Globalized
World in the Twenty-first Century”, 2003
5
Tim Dunne, Milja Kurki and Steve Smith,
“International Relations Theories: Discipline and Diversity”, 2006
BUILDING THE SUCCESSFUL CAPABILITIES TO GLOBALIZE MALAYSIA’S TREASURY AND CAPITAL MARKET
By Lim King Guan
OCBC Bank (Malaysia) Bhd
Despite the recent turmoil in the
global financial market, a truly integrated globalized capital market is still
the way moving forward. Only by a truly integrated globalized capital market
where capital can be efficiently mobilized to maximize creation of economic
value. Malaysia, with its open and diverse society and economy, progressive
policy and world-class hard and soft capital, is in a very advantageous
position on the globalized capital market bandwagon. For Malaysia to capture
this opportunity, it must develop and excel the necessary capabilities for such
globalized capital marketplace.
Backbones of a Successful Globalized Capital Market
The golden rule of a successful
capital marketplace is the ability to match buyers and sellers. Based on this
golden rule, the backbones of the successful globalized capital market can be
best illustrated as follow:

Access:
§
Market players
To be a
successful capital market, Malaysia needs participation of a large pool of
global market players. Large market
player pool will directly drive more
market liquidity and depth. In this aspect, Malaysia has enormous advantage
over the other nations because of its diverse culture and multilingual society.
Malaysia can be the world’s financial bridge between the East and the West and
the Islamic and the conventional. Malaysia is capable of bringing together
large pool of market players from different regions of different needs and perspectives,
fostering greater market liquidity and depth.
§
Capital
A truly
global capital marketplace requires truly free flow of global capital.
Investors and borrowers alike want absolute freedom to mobilize their funds,
and they put high value for such freedom. Capital freedom will attract greater
market players’ interests. Hence, Malaysia needs to progressively liberalize
capital control towards capital freedom.
Also, to
be a successful globalized capital market, Malaysia’s capital market must be
multi-currency. Not only Malaysia needs to attract diverse market players,
Malaysia’s capital market must be capable of facilitating transactions in
various currencies, especially the G7 and regional currencies, giving the
market players the flexibility to their liking.
§
Market Intermediaries
Market
intermediaries, ie. banks, brokers and exchanges, play very crucial roles in
networking the market players, facilitating transactions and creating
liquidity. Malaysia needs to continue opening up its financial industry by
promoting cross-border presence and welcoming global banks, brokers and
exchanges. With their worldwide network, the global market intermediaries will
help raising Malaysia’s name in the global marketplace and bringing in global
capital flows to the Malaysia’s capital market. In addition, these global
market intermediaries will also bring in new talents and technologies, bringing
the Malaysia’s capital market to the forefront of the global capital markets.
Information Consistency and Transparency:
§
Market convention
For the
global market players, consistent and standardized market conventions give high
comfort in minimizing errors and confusion. In order for Malaysia to appeal the
largest most possible pool of global players, Malaysia needs to have consistent
and standardized market conventions that are in line with the global standards.
When
setting market conventions, Malaysia needs to think globally and fix market
conventions that are appealing to the largest pool of market players. In
collaboration with foreign nations, Malaysia should encourage for standardized
market conventions in areas where Malaysia has significant presence and
influence, such as the Islamic and the regional capital markets. For new
innovation, Malaysia can even take the lead in setting the global standards.
§
Information source
Access to
information is crucial to give market players, especially the global market
players who are distant apart from Malaysia, the comfort and confidence in
order for the Malaysia’s capital market to turn global. Malaysia has so far
achieved great strides in promoting market transparency, by making a lot of
market information available to the market players through Bank Negara Malaysia
and Bursa Malaysia. To further build on the well-laid foundation, Malaysia can
expand even greater collaboration with the global financial information
vendors, ie. Bloomberg and Reuters. Trading and information platforms can be
integrated, making market information readily available to the widest pool of
global market players.
Technology:
§
Dealing infrastructure
Access is
the gateway of capital market, and it is often the key of a market success. For
Malaysia to become a truly globalized capital market, it needs to provide
market players the access at around the world via the most widely available
trading platform. For this purpose, Malaysia can collaborate with and integrate
its dealing infrastructure with the major global dealing platforms. By tying up
with the major global platforms, this will also give larger pool of global
players the access to the Malaysia’s capital market.
Also, to
be successful as a globalized capital market, Malaysia’s dealing infrastructure
must be at par with the world’s ever-advancing financial system. Malaysia’s
infrastructure must be able to interface and close transactions seamlessly with
the global systems. Collaboration with the major dealing platforms will help to
meet such requirement.
§
Product types
As an
emerging capital market, Malaysia still has a lot of room to grow in terms of
product depth. Often, investors’ comfort with the existing product types has
kept the market from making product advancement. Both originators and investors
still require more education in order to widen the product depth.
In
addition to product education, the Malaysia’s market also needs a pool advanced
sophisticated market players to drive product innovation. These advanced market
players, with their advanced product knowledge and experience, will help to
kick start activity in new innovative products. Once liquidity is available and
successful track record is proven, the rest of the market will eventually
follow suit. The market will need innovative talents, from local as well as
global, to play the role of innovation pioneers.
Government Policy:
§
Conducive policy
Conducive
government policies are crucial for building the backbones for the Malaysia’s
capital market to go global. Malaysia’s financial market policy, including
market guidelines, foreign exchange policies and tax rules, needs to be promoting
market access, ensuring information consistency and transparency, and
encouraging technological improvement.
In
addition to setting the capital market framework, the government should also be
ready to implement initiatives that will help to kick-start certain key aspects
of the capital market backbones. Especially for the top-level market rules and
conventions and infrastructure issues, governments must work together in order
to have a successful integration.
§
Market regulation
Systematic
and orderly operation is critical for confidence in any capital market.
Although market regulators in principle should leave the market to function
autonomously, regulators must also strike the sensitive balance in exercising
their regulatory power to ensure an orderly market.
Malaysia
needs to have a comprehensive regulatory framework that is tailored for a
globalized capital marketplace. The task is massive as the framework must be
ready to deal with a large and diverse pool of market players, capital flows by
global scale and ever-improving financial technologies. Also, such regulatory
framework must be in-sync with the global capital market in order to be
relevant, consistent and effective.
Conclusion:
Building a globalized Malaysia’s
treasury and capital market is a complex task, but this is a necessary step for
the Malaysia’s market to move forward and to stay on the global financial map.
The backbones of such globalized capital market are inter-connected as
development in one aspect will aid advancement in other aspects, or vice versa.
The effort will require significant public and private involvements as well as
international collaborations. The market’s mindset must also turn towards
global.
TOPIC TWO :
GLOBAL ISLAMIC FINANCE – THE CHALLENGES
AND SOLUTIONS
GLOBAL ISLAMIC FINANCE : THE CHALLENGES AND SOLUTIONS
by Lois Lim Pooi Kuan
Alliance Bank Malaysia Bhd
1.0
Introduction
Islamic
finance is a type of banking system that
follows the Shariah principles. It comes into existence when the Muslims
believe that the Quran disallow certain practices that are central to Western
finance, such as receiving the payment of interest (riba) and conducting
financial speculation (gharar). Hence, Islamic finance was formed over the past
years in order to provide them with basic banking and insurance products that
are compatible with the Shariah principles.
There
is a dramatic transformation of the Islamic industry since it was established
where its participants involves not only the Muslim community but also the
non-Muslim community. Islamic finance is now so widely practiced that its
assets is estimated to have grown to around 20 per cent a year since 2000 and
are currently worth about $500 billion globally.
Malaysia
has launched its plan to become a centre for Islamic banking and finance for
more than 30 years; and the country is encouraging foreign participants to
enter the market. Recently, France has taken a significant step towards
establishing Paris as a western centre for Islamic finance. Then, UK is now
home to five licensed Islamic banks, the only licensed ones in the EU. This
fast growing segment has even spurred Tokyo and Hong Kong to initiate plans to
integrate Islamic finance into their financial system. Nonetheless, the drawing
of interest to follow such principles comes a long way and it is still facing
many challenges in its process to achieve global recognition.
2.0 Challenges & Solutions
2.1 Skills Shortages
One
of the major challenges encountered by the Islamic financial industry is the
shortages of specialists who have the relevant experience to work in such
sophisticated field. As financial innovation increases, the range of Islamic
financial products and services widens. This heightens the problem of
recruiting employees that are familiar with such products as it becomes more
comprehensive.
The
pressure to look for qualifiers was intensified when the central bank of
Malaysia has to meet its 2010 deadline to convert 20 per cent of the banking
sector to Islamic finance. As the number of Islamic financial institutions
increases, the demand for these pools of talents to be in the industry becomes
crucial to ensure its competitiveness to operate in parallel with the
conventional financial system.
As
an Islamic financial hub, it is a good move by the Malaysian government to form
the International Centre for Education in Islamic Finance (INCEIF) in 2006 to
increase its human capital. Despite having students from over 40 countries
taking part in INCEIF, continuous advertising should be carried out nationwide
and worldwide to increase the younger generations’ awareness of this ever fast
growing market. On the local front, seminars and talks should be held more
often in universities for students who wish to pursue a post graduate degree
programme in Islamic finance.
2.2 Lack of Standardisation
With
Islamic finance spreading fast to establish international transaction, little
was done in standardising the regulatory compliance in this industry. The Accounting
and Auditing Organisation for Islamic Financial Institutions (AAOIFI) was
developed in 1990 that serves as a coordination of accounting standards across
different jurisdictions. Notwithstanding the fact that AAOIFI provides common
standards for scholars to adhere to, there is insufficient transparency on its
regulatory framework for complex products such as derivatives. In addition,
there are also no Islamic laws when it comes to specific areas like hire
purchase, partnerships and company law. This could result in inconsistency as
Shariah interpretation varies between regions. For example, in Britain, there
are companies that appoint their own Shariah compliancy boards where they help
to structure the Shariah compliance agreement for these companies. This could
create discrepancy as to the different practices in other nations.
Unlike
the different conventional accounting standards being applied in different
parts of the world, Islamic finance stems from the same belief of Islamic
principle and as such, standardisation and clarity is of utmost importance in
its early stage of successful development across the globe. To overcome such
uncertainty, standards relating to Islamic finance should be revised when
deemed necessary according to the current changes in the market practice. Also,
practitioners should be encouraged to raise any ambiguity to the Islamic
Financial Services Board (IFSB) on issues which are not clearly specified in
the standard. At the same time, they should also provide the Board with
suggestions and best practices on how to undertake complicated financial
transactions.
2.3 Association of Islamic Finance
with Political Agenda
There
is often a minority group of people who still view that political Islam is
linked to Islamic finance. The global war against terrorism waged by the United
States (US) has intensified the search for solutions within Islam. It
ultimately creates an obstacle of accessing the American market as the sector
surges forward into the west. US are a huge and potential market whereby
Islamic finance provides an alternative choice of investment banking as it
appeals not only to the Muslims but also the non-Muslims. The idea of having
Islamic finance to have relation with political Islam should be diminished. In
fact, the factors behind the sector’s development have more to do with
economics than politics.
Therefore,
critical measures need to be taken to better converse what Islamic finance is
about to decision-makers abroad. Countries which have long history of adopting
Islamic finance such as Malaysia should conduct campaigns and talks in the
neighboring countries of the targeting nation. This is to deepen the
understanding of Islamic finance knowledge and its idea behind it. Not only
that the targeting nation could be induced by its neighboring country’s move to
implement Islamic finance into their financial system, it also creates
confidence in them to venture into this young and evolving industry.
2.4 Insufficient influence in
shaping the banking sector
Being
around for a few decades since it was established, Islamic finance is still
incomparable against the conventional banking in terms of having the capacity
in shaping the market. The banking industries around the world are still highly
dependent on the conventional market. Financial institutions are trying to
introduce Islamic banking products but are tailored to suit the conventional
investors. As such, there is of no difference between Islamic finance and the
conventional banking.
Practioners
should be innovative to come up with products that holds Islamic finance
Syariah principle and at the same time being able to satisfy the customers
needs. Governments or the relevant authorities of different nations should take
initiative to develop the sector by allowing more Islamic bank to be
established within the region. The concept and idea of Islamic banking should
be well communicated to customers who seek to invest in Islamic products.
3.0
Conclusion
Despite
confronted with challenges ahead, the outlook for Islamic finance is bright and
can foresee the sector playing a bigger role in the global finance over the
next decade. Being conservative in their investments, Islamic finance has
shield itself against global subprime crises. As it gains its popularity,
Islamic finance has offered vast business opportunities made possible by the
huge amount of Islamic funding available. Hence, sustaining the overall
soundness of the Islamic financial system becomes essential towards
contributing greater global financial stability in the international financial
system.
Global Islamic finance has become a force to be
reckoned with in the global economic environment. It often forms part of the
equation in international financial system, whether at a
government-to-government or the private sector levels. Development in global
Islamic finance is now beginning to play a significant role in the Islamic
financial systems beyond Muslim countries to Asia, Europe and the United
States, as it offers a way to diversify investment portfolios and manage risks.
Robust Growth in
Global Islamic Finance
According to the Institute of Islamic Banking and
Insurance (IIBI) ,
there are more than 267 Islamic financial institutions (FIs) operating in 75
countries. Total Islamic assets under management by Islamic banks and
conventional banks offering Islamic banking services exceeded US$ 500 billion
in year 2007 which maintain their current annual growth rate of roughly 20% to
US$ 1 trillion by year 2010. This includes banks, mutual funds, mortgage
companies and takaful companies. Islamic mutual funds were estimated at about
US$ 300 billion with an annual growth rate of 23.5% over the past 5 years ,
while global takaful or Shariah-compliant insurance contributions were about
US$ 5 billion. There is an approximation of US$ 1.5 trillion
of Gulf Co-operation Council region (GCC)
funds held in investment assets worldwide i.e. US Treasuries, corporate bonds,
equities and other investments. By year 2020, there will be 2.5 billion of
Muslim population worldwide from the current 1.5 billion population level in
year 2007-2008 which constitutes 24% of world population. Retail deposits of
Islamic banks in the Middle East achieve high average annual growth rates of
around 15%-20% per annum is expected to manage 40%-50% of total savings of
Muslim population in 8 to 10 years period. Therefore, the Islamic financial
services are estimated at US$ 4 trillion by year 2020.
The potential is huge.
Robust growth in new sukuk issuance worldwide increased
more than double from US$ 11.8 billion in year 2005 to US$ 20.6 billion in year
2006 reflecting growing demand around the globe. For the year 2007 saw an
exceptional growth of global new sukuk market issuance, expanded by more than
70%, which reached a record high of US$ 47 billion. Total outstanding of global
sukuk market worldwide is projected to exceed US$ 200 billion in year 2010 from
US$ 50 billion as of year 2007. In this regards, Malaysia’s sukuk represented
68.4% of the total global sukuk outstanding worldwide valued at US$ 46.8
billion in year 2007.
|
|
Global Islamic
Finance Challenges Ahead
In order to cater for the robust growth and fast
evolution of the Islamic financial system, there is an immediate need to
modernize with innovated Islamic financial infrastructure to facilitate greater
integration between Islamic financial and capital market. Major challenges need
to be confronted and resolved in order to facilitate progressive development in
well established and emerging financial centres.
1.1 Lack of Develop and Standardise Global Islamic Capital
Market Practices
Regulatory supervision needs to establish
more robust discussion platform for International Islamic banking community to
promote understanding of supervisory philosophy and objective within different
jurisdictions. Divergence of Shariah views and opinions in Islamic financial
transactions among scholars remain a challenge. Global Islamic capital market
operates across multiple jurisdictions, with ineffective cross-border
supervision objectives and philosophies. There is a lack of exchange of
information and ideas on issues relating to capital market practices, Shariah
opinion interpretation, changes in business models and capacity building
efforts. Global uniformity of capital market practices and common understanding
of specific risks to facilitate cross border transaction and global convention
remains a barrier amid wide spectrum of supervisory philosophies ranging from
well-structured development of markets and regulation to full market driven
approach.
1.2 Lack of Global Systems, Multicurrency Islamic Financial
Instruments and Shortage of Global Investment Bankers
Unlike conventional, Islamic financial
market is lagging behind in global system, multicurrency innovations and
instruments to cater for business expansion in an increasingly complex and
challenging environment. There is a need for home-host regulatory supervision
capability to select relevant information to be shared cross-border without
compromising data sensitivity and confidentiality. Legal framework may not be
ready and lack of Islamic understanding remains a challenge in order to create
an effective and efficient regulatory framework. Immediate shortage of global
investment bankers need to be addressed which must have the same knowledge,
appreciation on capital market practices and common understanding of specific
unique risks being emitted by the Islamic financial systems.
1.3 Lack of Liquid and Efficient Islamic Market
Regulatory supervisions need to be
implemented to enhance Islamic instruments liquidity in order to build investor
confidence and increase competition in the environment of integrity and
fairness. Maximising information channels ensure information transparency in
the primary and secondary market which provides an optimal and efficient level
to boost investor demands for Islamic securities.
1.4 Lack of Good Corporate Governance Practices and Risk
Management
The role of Shariah Supervisory Board (SSB)
in governance needs to be clearly defined with detail processes and controls to
protect Investment Account Holder (IAH). There is a lack of transparency and
disclosure in financial reporting in respect to investment accounts which is
required to promote market discipline. The absence of capability to capture
Islamic risk transformation and unique risks pose great challenges for
regulatory supervisions to ensure adequate capital charge for Islamic financial
institutions.
Global Islamic
Finance Solutions
In essence, to ensure Islamic financial industry is
effective and efficient, greater coordination and cooperation needs to be
adopted. In view of rapid evolution and dynamism of global Islamic financial
system, regulatory gaps exist as supervisory for Islamic financial institutions
is still at developing stage which requires immediate solutions.
2.1
Promoting The
Adoption Of International Standard Regulation and Best Market Practices
In this aspect, significant progress has been
made by the establishment of Islamic Financial Services Board (IFSB)
in year 2002 which provides Islamic governance regulatory standards. So far,
there are five standards being issued and/or in process of issuance which
includes:-
·
Guiding Principles for
Risk Management dated December 2005
·
Capital Adequacy Standard
dated December 2005
·
Guiding Principles on
Corporate governance dated December 2006
·
Disclosure to Promote
Transparency and Market Discipline in progress (draft)
·
Guidance on Key Elements
in The Supervisory Review Process in progress (draft)
The General Council for Islamic Banks and
Financial Institutions (CIBAFI)
was established to enhance market understanding of Islamic finance. In
addition, in order to promote good corporate governance, the Accounting and
Auditing Organisation for Islamic Financial Institutions (AAOIFI)
was founded in year 1990 while the Arbitration and Reconciliation Centre for
Islamic Financial Industry (ARCIFI) was created for dispute resolution services
for members in order to improve confidence in the international arbitration
system. The IFSB and AAOIFI have played an important role in harmonizing
prudential accounting standards in which Islamic financial institutions are
also required to combat anti-money laundering (AML) and anti-terrorist
financing.
2.2
Interconnected
Islamic Global Central Clearing and Settlement Systems (CCSS)
Having a comprehensive supporting
infrastructure is a prerequisite to a vibrant Islamic capital market
development which operates in an ecosystem that interacts with each other.
Market participants of this CCSS will include cash settlements banks,
regulatory central banks, custodian or depository banks, central depository,
information provides, stock exchanges that provide trading, listing, clearing
and settlement mechanism. This interconnected CCSS operates in an automated
systems environment to ensure speed, reliability and consistency, reduction of
credit, liquidity, legal and operational risks in order to facilitate efficient
capital and trade flows.
2.3
A Set of Laws,
Guidelines and Agreements Is The Foundation For An Effective System
The legal and technical infrastructure
needs to be set-up for transfer ownership rights i.e. title of securities and
to enhance resilience, stability and operational consistency in the Islamic
financial system. Global system shall be governed by a finality Act to ensure
legal finality of settlements for systematic payment and settlement systems.
The main objective is to reduce systematic risk in global clearing systems,
ensure that the failure of a market participant in the system does not have
spillover effects on other participants, thereby preserving system stability.
In this regards, rules of designated payment systems take precedence over
normal insolvency law. The Memorandum of Understanding (MoU) between governing
authorities to clarify roles and responsibilities on Islamic infrastructure in
strengthening the global system helps reduce systematic risk and to ensure
overall financial stability. Other agreements, market ethics and code of
conduct to facilitate the smooth running of the global system and to protect
market participants include:-
·
Depository Paying Agency
Agreement
·
Islamic Securities
Borrowing and Lending Master Agreement
·
ISDA/ IIFM
Islamic Derivatives Master Agreement
·
Global Market Code of
Conduct for Principals and Brokers
·
The Model Code issued by
ACI The Financial Market Association[14]
with local addendum adopted in May 2002
2.4 Establishment of Fair Global Risk Sharing,
Risk Disclosure and Reciprocal Funding Arrangement
The establishment of a fair global risk sharing arrangement
ensures the Islamic financial institution will share the profit or loss
incurred by the entrepreneur invested from the Investment Account Holder (IAH).
Global risk disclosure arrangement needs to be established to disclose any
explicit risk based on the investor and entrepreneur relationship. IAH bears
fully investment risk and determine the investments or assets profile while the
Islamic financial institution is exposed to negligence risk with greater
fiduciary duty to protect IAH’s investment.
The global reciprocal funding arrangement leverage on the relative strength of each Islamic financial institution’s in their respective domestic currencies to raise funds for their subsidiaries or related companies with real investment activity by issuance of bank guarantee or stand-by line of credit (SBLC). This arrangement works well in for cross border presence of Islamic financial conglomerates such as Kuwait Finance House, Al-Rajhi Banking Investment Corporation, Lariba American Finance House and other institutions. Below is an example illustration of Islamic reciprocal netting cum guarantee/SBLC agreement.

2.5 Strengthening
Information Sharing and Human Talent Development To Promote Innovation
Extensive information and trading channels
for Islamic financial industry needs to be set-up which includes online trading
service and information channels. Protection cross-border accessibility and
mobility with disclosure of resulting regulatory cost is used to encourage
retail participation.
Investment in human talent development is
important to ensure sufficient pool of the talent and expertise. The drive for
innovation has expanded to investment and equity linked products based on
mainly Islamic equity financing
and debt financing concept. The establishment of the International Centre for
Education in Islamic Finance (INCEIF)
in March 2006, the Islamic
Research and Training Institute (IRTI)
and the International Shariah Research Academy (ISRA)
in year 2008 were to promote Islamic educational excellence, research work
conforming to Shariah and to encourage active engagement and dialogue among
global Shariah scholars into convergence of views from different jurisdictions.
2.6 Increased
Foreign Entry and Participation In Islamic Financial System
The Islamic financial system needs to
diversify in terms of market participants to ensure continuous robust growth
which comprises of Islamic banking institutions, the takaful companies, the
non-banking institutions, Islamic investment and capital markets. Progressive
liberalization to allow for increased foreign entry and participation can
facilitate greater cross border flows and strengthen the international
financial inter-linkages. The issuance of new Islamic bank licenses, increased
foreign ownership in both Islamic banks and takaful companies, establishment of
foreign fund managers and foreign stockbrokers shall provide a new phase of
development for the global Islamic finance.
Conclusion
The global Islamic financial sector is seen as one of the most progressive and
attractive given the numerous incentives planned and further liberation
in the coming years. Increased innovations in Islamic financial products call
for greater emphasis in assessing higher quality of risk management and
implementation of prudential governance practices by the Islamic Financial
Services Board (IFSB) .
Going forward, given the Shariah principles prohibit excessive leverage and
speculative financial activities thus insulating the parties involved from
excessive risks exposures, global Islamic finance will continue to be viable in
contributing towards global financial stability.
References
by Lee Keng Fah
Hong Leong Bank Bhd
INTRODUCTION
From the world’s fist Islamic bank founded
in 1975, the global demand for Islamic finance started to surge last five
years. Sniffing opportunities, global conventional banks now are scrambling to
set up Shariah-compliant operations from full-service investment banks to
specialist advisory firms. Products also have moved beyond lending, insurance
and investment funds to include sukuk, hedge funds, currency swaps and more.
Despite this bloom, the Islamic finance has
yet to reach global critical scale. Institute for Middle Eastern and Islamic
studies at Durham University UK estimates Islamic banking assets is just less
than 0.50% of the world’s total while
worldwide sukuk debt outstanding is abut USD 100 billion which about 0.1% of the global bond market.
For Islamic finance is to further integrate
into global financial system, the industry is certain required to make progress
in addressing to the challenges ahead.
1. CHALLENGES AND SOLUTIONS
Broadly, these can be categorized
into three groups i.e. theoretical, operational and implementation1.
These are discussed as follows:
1.1.
Theoretical Challenges
This
relates to the further work needed on core principles of Islamic economics, and
understanding of the functionality of a financial system operating on a profit
and loss sharing basis.
1.1.1.
Islamic Economics
Currently,
market participants are still not very clear how Islamic economics is different
from the traditional economics. There is virtually little organized support in
terms of incentives, recognitions and scholarships to refine Islamic economics
as compared to the multitude private and public foundations providing financial
assistance to research in traditional economics.
1.1.2.
Risk Sharing Financial System
There is
still lack of understanding on Profit and Loss system which is consistent with
Islamic concept of “profit is for those who bear risk”. Profits are distributed
per ration stipulated in the contracts, and any losses are also distributed
equally depending on the respective party’s stake holding.
So to
narrow the gap between Islamic and conventional financial systems, it is
critical to execute following action points:
(i)
To establish foundations to support Islamic scholars
in terms of incentives, recognitions and scholarships for research achievements.
(ii)
To derive experience from the history of traditional
economics development (both its success and failures) in Islamic economics
research.
(iii)
To develop a consensus based language and
terminologies in Islamic economics.
1.2.
Operational Challenges
This relates
to the innovations, intermediation and risk management issues.
1.2.1. Innovation
As the
perception of profit sharing mechanism in Islamic finance in general are high
risks, this leads to a concentration of assets portfolio in Islamic banks in
short term and trade related assets. This is exacerbated by the lack of deep
and efficient capital and money markets to hedge the relevant portfolios.
So it is
imperative to focus on the development of Shariah compliant instruments that
meet the risk reward profiles of both investors and issuers. For further
advancement of Islamic finance, it is crucial to develop an index as a
benchmark representing the returns on profit / loss sharing basis rather than
the current proxy interest rate (“LIBOR”) based benchmark
1.2.2. Intermediation
While
there is an impressive growth in Islamic finance, in reality these Islamic
banks merely act as intermediaries between financial resources of Muslim and
conventional commercial banks. In other words, this is only one way relationship.
For
further growth in global Islamic finance, there is urgent need to be able to
develop Shariah compliant asset portfolios generated in Muslim countries to be
marketed in the West as well as marketing Western countries Shariah compliant
portfolio to Muslim communities.
1.2.3.
Risk Management
(a) Credit
Risk
Albeit the
ethical framework governing Islamic finance prohibits gambling, speculation and
interest, it does not mean that an Islamic bank runs little to no risk at all.
Like conventional banks, Islamic banks do incur liquidity, credit, settlement,
leverage, operational and business risks. In fact, Islamic banks also incur
risks that are not common in conventional banks, these are as follows:
i)
Fiduciary Risk – it relates to the nature of the
Murabaha contract, which places liability for losses on the Mudarib (“agent”)
in the case of malfeasance, negligence or breach of contract on the part of the
management of Murabaha.
ii)
Displaced Commercial Risk – it relates to the common
practice among Islamic banks to smooth the financial returns to the investment
account holders by varying the percentage of profit taken as the Mudarib share,
which can be compared to an arrangement or agency fee.
(b)
Capital Adequacy and Minimum Capital Requirements
Under
Basel II accord, banks (both conventional and Islamic) are required to hold a
minimum level of capital to prevent over-lending and to ensure that every bank
has the sufficient funds in case any of its counterparties default without
endangering of depositors, the banking system or the economy. Generally, large
banks with sophisdicated risk management system will benefit from the new
regulations and see their capital reduced as a result of applying the more
advanced approaches. However, Islamic banks may not be able to justify
investments on the same scale and will therefore not in a positions to benefit
from the advanced risk management approaches
(c)
Balance Sheet Size and Loss data History
The
absence of significant amount of loss data is one of the main issues that
hinder smaller sized Islamic banks to comply with Basel II requirement of seven
years of loss data. To date, there is yet to have a database for Islamic banks.
(d)
Capital Intensive Islamic Transactions
The Basel
Committee on Banking Supervision (“BCBS”) has taken the stance that banks
should not hold significant equity positions in companies they finance. Since
Murabaha and Musharaka transactions are based on profit sharing principles,
these are deemed to be similar as holding equity from regulatory perspective.
Thus, these transactions attract rather significant risk capital charge of
400%.
Given the
exponential growth of global Islamic finance, balance sheet size and lack of
loss data are not expected to remain issues for Islamic banks in the long run.
So ensuring the use of robust internal counterparty rating system would have a
positive impact on the risk management process, thus the level of capital
required.
To reduce
the capital charge of Murabaha and Musharaka transactions, Islamic banks should
act together to present a case to Basel II‘s committee on the basis of lower
chances of default.
The
development of a loss experience database, such as Pan European Credit Data
Consortium (“PECDC”) or the North American Loan Loss Database (“NALLD”) could
potentially resolve the issue concerning the length of loss data.
Selection
of trustworthy third party to manage and create a comprehensive loss database
for global Islamic finance would ensure Islamic banks to start designing
advanced risk management models.
1.3.
Implementation Challenges
It relates
to the efforts required on a system-wide implementation. At present, many
Islamic banks suffer from financial disequilibria that frustrate attempts to
adopt Islamic finance platform. These imbalances come from fiscal, monetary and
external sector of respective economies. The main reasons are as follows:
(i)
Lack of legal and institutional frameworks that
facilitate appropriate contracts as well as mechanism to enforce them
(ii)
Lack of Shariah compliant instrument range and
maturity tenure.
So, an
immediate attentetion is requited to unified efforts to form an international
regulatory regime to:
(i)
develop risk sharing financial instruments and
benchmark
(ii)
develop liquid secondary and money market instruments
(iii)
develop instrument for effective monetary and fiscal
policy controls
(iv)
formalize accounting and auditing standards
(v)
train more Shariah scholars to vet Islamic financial
products for Shariah compliance.
CONCLUSION
It is no doubt that Islamic finance has
become part of global financial system and it does offer tremendous potential
for development and growth. As witnessed, much work has been done by all fronts
for the development of global Islamic finance however much more tasks remain to
be fulfilled. It cannot be denied that
For global Islamic finance to experience
“quantum leap” growth rates and remarkable breakthroughs as well as further
integration in international financial markets, the world undoubtedly needs a
Leader to champion for this noble cause especially under prevailing uncertain
and dynamic environment. Otherwise global Islamic finance is no different from
any products submitting to the conventional product life cycle, so nothing much
to shout about.
References:
1. Zamir Iqbal & Abbas
Mirakhor. An Introduction to Islamic Finance- Theory and Finance(2007). pg
296-311
2. AAOIFI (2002), Accounting,
Auditing and Governance Standards for Islamic Financial Institutions.
Accounting and Auditing Organisation for Islamic Institutions, Baharin.
2. S.Archer and R.A.A. Karim “ On
capital Structure Risk Sharing and Capital Adequacy in Islamic Banks”
International Journal of Theoretical and Applied Finance9, No3 (2006). pg
269-280.
Islamic finance has developed
phenomenally in the past two decades. Currently, in a time where giant
economies and western markets are headed towards disaster, Islamic finance has
steadily continued to thrive. The Islamic finance market has assets totaling
more than USD 700 billion and is expected to reach USD 1 trillion by 2010, if
not sooner.
Islamic finance was actually
introduced more than 1400 years ago, when the Prophet Muhammad (peace be upon
him) was alive. However, during his time Islamic finance transactions mainly
involved trading of goods and services between individuals. Nowadays, Islamic
finance products have expanded to include housing loans, takaful (Islamic
insurance), corporate bonds, treasury products, and even hedge funds.
The principles of Islamic finance
are defined by Islamic law, also known as Syariah. Syariah forbids riba, which
is translated as interest or usury. Syariah also forbids gharar, which is
associated with uncertainty and speculation. Islamic commercial transactions
must also steer clear of prohibited industries, for example, alcohol, gambling
and pornography. Syariah also discourages heavy borrowing and the trading of
debt.
Despite its many prohibitions, it
appears that Syariah compliance has made Islamic finance transactions immune to
the financial crisis being faced elsewhere. For example, when the London and
New York stock markets crashed, the Islamic arm of the Dow Jones was hardly
scratched.
This immunity has been largely
explained by the fact that Islamic financial transactions must be supported by
real assets. Because of this, it is void of subprime mortgages which have been
bogusly repackaged to earn high credit ratings. Furthermore, Islamic finance encourages
profit-sharing between banks and their counterparts. This places responsibility
on the banks to ensure the deals go through and the risks are mitigated.
However, this immunity is not
expected to prevail for much longer. It is inevitable that the Islamic markets
will also be affected by the global credit crisis, especially because most of
its investments are in private equity or the property market.
To overcome this, the Islamic
market will need to diversify their investment channels. Instead of a heavy
reliance on property, Islamic markets could instead turn to food and
agricultural commodities, such as rice, wheat or soybeans. Alternatively, they
could consider investing in logistics of developing countries such as China or
Brazil.
There should also be an attitude
change on the equity side. Islamic players should not only invest in private
equity, but should also consider public equity. Almost a decade ago, the Dow
Jones Islamic Market Index and the Financial Times Stock Exchange Global Islamic
Index Series were launched. However, despite a vast number of companies being
listed, they have hardly been tapped into by Islamic players.
Expertise in Islamic Finance
Although core elements of Islamic
finance are established by the Holy Quran and the Prophet Muhammad’s teachings,
many products today apply new financial concepts. Because of this, Syariah
scholars also need to make new decisions on the legitimacy of these products.
However, Syariah scholars who are often experts in Islamic law are not
necessarily experts in finance.
Islamic banks and conventional
banks with Islamic windows usually have a Syariah committee who are paid to
oversee the Syariah compliance of the banks’ products. But not all of them have
experienced working in a bank or financial institution. Instead, their
expertise is usually developed based on theory and is academically oriented.
New Islamic markets are emerging
and existing ones are constantly evolving, for example, the capital market,
foreign exchange market and derivatives market. The level of Islamic finance
expertise must increase in tandem with the evolution of these Islamic markets.
To enable this to happen, Syariah
advisors should be required to attend practical courses and regular in-house
training so that they can be exposed to the true workings of the institutions
and the industry’s various developments. They cannot be disconnected from the
industry which they are employed to guide.
Additionally, figures who
demonstrate expertise in conventional banking and finance, Muslim or
non-Muslim, should also be encouraged to study Syariah law and understand
Islamic finance principles in depth. By combining their industry experience and
Islamic knowledge, they will be able to develop new and dynamic Islamic products.
They will also be able to contribute to policy making and legal reform.
Governments should also encourage
universities and educational institutions to offer practical courses and
professional qualifications in Islamic finance. It should not just be Islamic
institutions which offer such programs. It is also important for the world’s
leading universities to become involved because they can produce quality
graduates to influence the direction of Islamic finance.
Furthermore, learning Islamic
finance should not just be about knowing Islamic history or memorizing the Holy
Quran. It should focus on sophistication in financial thinking, innovation and
the ability to challenge one’s creativity.
Creating the Demand
Although Islamic markets have been
growing, Islamic finance only makes up less than 1 per cent of the world’s
capital. In order for it to expand its horizons, it will need to create more
demand for Syariah compliant products. Increased demand will encourage banks
and financial institutions to develop more products and encourage governments
to develop policies to accommodate them.
There are more than 1 billion
Muslims in the world. But not all of them will be depositors, investors or
require housing loans. Because of this, to really grow, Islamic players must
make their products attractive to non-Muslims as well. This will depend on
their marketing strategies.
Attracting Muslims to use Islamic
products is easy; simply tug at their religious heartstrings. Attracting
non-Muslims will require more work. Islamic banks and other financial
institutions will need to offer competitive pricing which is at par or better
than their conventional counterparts.
But before that, Islamic markets
will need to ensure they detach themselves from the idea that Islamic finance
is strictly for Arabs or suitable only for Muslims. Instead, they should focus
on elements which non-Muslims could relate to as well, for example,
profit-sharing and asset-backed securities. Some non-Muslims are becoming
attracted to the Islamic market because it does not invest in industries such
as pornography and armaments, thus making it more ethical.
Legal and Regulatory Standards
Few countries have a completely
Islamic financial system. Most countries will have Islamic banks and financial
institutions operating within a conventional system. Because of this, they are
subject to the countries national laws even though their products are Syariah
compliant.
In the United Kingdom, for
example, the situation is complicated because Islamic transactions are enforced
according to common law. It was made quite clear in the case of Shamil Bank of Bahrain EC v Beximco
Pharmaceuticals Ltd that the courts would not determine cases based on
Syariah law.
Because it is unlikely that
Islamic products will obtain recognition from the courts, Islamic players must
lobby for their respective governments to make this recognition through
legislation. In Malaysia, for example,
the Islamic Banking Act 1983
and the Takaful Act 1984, both make
reference to Syariah, hence allowing Islamic commercial transactions to have
some standing within the country’s legal system.
Other laws, for example relating
to taxation, also need to be reformed in some countries. Islamic products will
often involve transfer of ownership and other underlying transactions which
make them different to their conventional counterparts. However, they should
not face any drawback because of these differences.
The United Kingdom recently
amended their tax laws to ensure Islamic products which are based on rent and
profits, instead of interest, are not disadvantaged. In the Australian state of
Victoria, amendments were also made to its legislation to accommodate for
Murabahah based products. They are no longer subject to double stamp duty, despite
having both a sale and a purchase of an asset.
As for regulatory requirements,
different countries will have different standards. It may sometimes be
difficult for Islamic banks and financial institutions to meet these standards,
particularly if they were created to only cater for a conventional system.
In risk management, for example,
the tools used by conventional banks often involve derivatives, which are
prohibited by Syariah scholars. As for liquidity management, it can also be
challenging because most of the instruments available, such as interbank
deposits and government securities, often impose interest and therefore cannot
be utilized by Islamic banks.
Some Islamic banks have been very
creative and have developed products similar to inter-bank deposits based on
the concept of commodity murabahah. Other banks are also constantly trying to
develop new tools. However, this will take time. Islamic markets are not very
large in volume and are still very illiquid in many countries. In the meantime,
Islamic players should work closely with regulatory bodies so they can
understand the constraints being faced and work towards making the regulations
more flexible.
Conclusion
As a new and growing sector in the
global market, Islamic finance will undoubtedly face many challenges. Its
performance so far has demonstrated that it can overcome these challenges, be
it in creating demand for its products, expanding its knowledge base, or even
influencing reform in legal systems.
But to overcome these challenges
effectively, there needs to be a joint venture between Muslims and non-Muslims.
There needs to be cooperation between the finance industry and government
authorities. Legal institutions and academic bodies should also become
involved.
At a time when the global market
is facing uncertainty and instability, Islamic finance, the sector which shows
the most promise, is worth venturing into. But there will have to be real
commitment if we want the promise to become something more.
TOPIC THREE :
ENHANCING THE SECONDARY TRADING OF
TREASURY
AND CAPITAL MARKET INSTRUMENTS
“Enhancing the
secondary trading of Treasury and
Capital Market
Instruments”
by Calbert Loh
Wai Mun, Bangkok Bank Berhad
Treasury instruments refer to foreign exchange
(FX), derivatives, Money Market deposits (MMD) and Fixed Income instruments
where as capital market instruments is characterized by large variety of
financial instruments to raise long-term funds i.e. equity, preference shares
and corporate bond market i.e. conventional or Islamic private debt securities.
The secondary trading market is
the financial market
for trading of securities
that have already been issued in the primary market offering. The market that
exists in a new security just after the new issue is often referred to as the aftermarket. In this regards,
discussion is focus on corporate bond secondary market i.e. once the newly
issued bond market is traded in the secondary market, the secondary trading
will commenced as market makers
provide bids and offers in the new instruments.
Secondary
markets exist to correct imbalances between the supply of capital and the
demand for capital among geographic regions, among different types of financial
institutions, and among classes of assets or financial products. In the secondary market, securities are sold
by and transferred from one investor or speculator
to another. It is therefore important that the secondary market be highly liquid.
Originally, the only way to create this liquidity was for investors and
speculators to meet at a fixed place regularly; this is how capital market
originated. As capital market evolved, secondary market are dealt between
brokers and dealers and lately, involved electronic trading platform (ETP).
Similarly,
secondary markets help to balance the supply of and demand for capital among
different financial intermediaries or institutions. For example, employees
provident funds (EPF) invest huge amounts of
capital on a daily basis. While they have substantial capital to invest, they
are not equipped to originate bonds or other financial instruments. Retail
lending would simply be too expensive and too tedious for EPF to undertake.
Conversely, commercial banks, investment bankers, and other institutions have
particular expertise in originating bonds efficiently at the retail level.
However, specific institutions may not have sufficient capital from depositors
to meet demands. By selling bonds and other financial instruments in the secondary
market, retail institutions can thus access much larger amounts of capital from
EPF and other similar, wholesale financial institutions. The market
mechanism enables different types of institutions to come together
synergistically to finance home mortgages or other financial instruments.
Finally,
secondary markets help to balance supply and demand among different classes of
credit products. Institutions may sell bonds or other instruments in order to
balance their portfolios, to match assets and liabilities, or to reduce credit
concentrations. The availability of a secondary market thus enables
institutions to more carefully manage the allocation of assets within their
portfolios. Incidentally, secondary markets may also improve the quality of
bond underwriting. Credit decisions become “transparent” when they are subject
to review by potential secondary market investors. Over time, credit decisions
and bond documentation may improve as a result of the trading of financial
instruments in secondary markets. While secondary markets do not exist solely
for the purpose of improving credit quality, the securitization process may
produce better credits, or lower interest rates, as by-products.
Challenges In Secondary Market Trading
Challenges in
the secondary market trading are often due to imbalances created from the lack
of fundamental framework which impede the capital market formation.
1.1 The
Primary Market Drives The Secondary Market
In this regards, the market sentiment in the
successful higher bid-to-offer primary trading market drives the secondary
trading market. A strong “value chain”
beginning with the borrower and ending with the investor, form a set of
suitable prices must prevail in order for the secondary market transaction to
progress and completed. In the capital market, initial transaction costs are
often negotiated between the originator of the bond and the borrower. If these
initial prices are not sufficient to allow the originator to recoup costs and
make a target rate of return once the bond is sold, the originator is unlikely
to sell the bond. Similar requisite conditions for bond coupon interest payment servicing,
pooling, credit enhancement, securitization, and other components in the
secondary market forms part of the “value chain."[22]
In
addition, the pricing of each capital market component in the “value chain”
is critical to the
smooth functioning of a secondary market. Without proper prices and liquidity,
the whole process is hampered. Often, corporate bond investors in the capital
market do not want to recognize the market value of their bonds if that market
value is determined to be less than the face value of the bond. The fact that
prices set between issuer and bond investors are below market levels, thus
ripples through to the bond sale transaction and often prevents further selling
of subsequent corporate bond issuance. Thus, the decisions made in the primary
market, i.e. the structure of the bond, the issuance size, its interest rate
and term, directly affect the suitability of that bond for trading in a
secondary market. In an emerging market, whether it is the Islamic bond market
or the conventional market, the demand for debt capital in the primary market,
coupled with the way the debt is structured, can have profound implications for
the functioning of the secondary market.
1.2 Lack of Standardization and Expertise Slows Use of Secondary Markets
While the
mortgage lending market is characterized by a high degree of uniformity among
lending documents and underwriting standards, the secondary capital markets are
not sufficiently large to dictate the bond structures or practices. Lack of
standardization in the capital market, lack of uniformity of documents, wide
variation of credit standards with different bond structures raises transaction
costs and increases the price that must be charged at various stages of the
secondary market “value chain”.
Solutions
To Enhance Secondary Market Trading
2.1 Strong Regulatory Capital Market Framework and
Sufficient Expertise
To the extent
that documentation and underwriting can be standardized among classes of debt
instruments rating, secondary market trading of the capital market will require
strong regulatory framework. As important as standardization may be to the
improvement of the secondary markets, even more importantly is the expertise of
the financial institutions who originate the bond issuance. A robust regulatory
capital market framework provides more conducive secondary trading market
environment such as efficient trading and settlement system which is trader
user-friendly.
2.2 Document Standardization
As noted
earlier, many issuers simply do not get enough “hands-on” experience in writing
a wide variety of bond issuance. Document standardization is important, but
unless the lead manager understand which documents are appropriate for various
types of loans, the quality of the bond submitted for sale in the secondary
market may still suffer. One way to compensate for the lack of bond issuance
experience may be to accredit lead managers and/or financial institutions by an
independent educational excellence. The launching in a series of training
seminars that culminates in certification in lead manager role under a unique
arrangement with a renowned consultancy firm or higher education institution
will be an added value. This is just one small step in the process of secondary
market improvement.
Other steps that should be pursued
include the application of new information and communications technologies such
as high standard credit scoring models, distributed underwriting and other
approved methodologies that may result in higher quality of bond issuances.
2.3 Strong and Active Market
Players
Strategic
solutions need to be adopted in order to develop a vibrant secondary trading of
capital market. Strong and active capital market players in providing the
breadth and depth with improved efficiency. Large pool of highly skilled and
competent bond trader expertise, presence of professionals with desired skill
set ensures sufficient competent pool of talent in the capital market.
Diversification and sophistication of instruments development are needed to
meet various investors and market requirements. A strong and wider pool of
principal dealership (PD) mechanism provides an efficient trading
infrastructure in developing market maker and enhanced liquidity in the
secondary market. Principal dealers that provide constant liquidity in the
financial market needs to be provided with added incentives such as lower
statutory reserve requirement (SRR), lower risk premium, easy access in
securities for short selling activities and higher tax deductions on expenses
incurred. Continuous upgrade and efficiency improvement in price discovery
attracts larger scope of foreign investor participation into the primary and
secondary markets.
Conclusion
There are a variety of issues that
constrain the growth of secondary trading of treasury and capital markets. Some
of these issues are related directly to illiquid capital market while others
are inherent from the fundamentals in the economy of the country. In assessing
its strengths and weaknesses, a useful economic model needs to be developed to
study the “value chain.” This model can help explain the factors that may lead
to success or failure with respect to each component of a fully functioning
secondary market. The grass-roots perspective to the challenges is nonetheless
salient, because in the past capital market development, it is possible to
create a secondary market for some of the most difficult assets with
securitization, small-business medium-term notes programme and other,
non-standard community development bonds. What is necessary now is to get about
the business of completing the value chain, more incentives to encourage
foreign investor participation such as stamp duty waiver and promotion for new
institutions that can respond to the capital market transformation, and doing
so without relying on dwindling regulatory resources. This is a tough
challenge, it that can be met.
References
Vandell, Kerry E., “Improving
Secondary Market in Rural Amer
TOPIC FOUR :
FINANCIAL INNOVATIONS : WHAT IT TAKES TO
BE
THE REGIONAL BEST
Financial Innovations: What It Takes To Be The Regional Best
Cagamas Berhad
Graduating in early 1995, I had the youthful, foolish
aspiration of amassing as much material wealth as quickly as I could. Seduced
not by the actions but by the high flying lifestyle of a certain 27 year trader
called Nick Leeson, I thought I could fulfil my dreams of being a futures
dealer right here in KL.
Malaysia was in the midst of launching its own
derivatives exchanges then; the KL Options and Financial Futures Exchange
(“KLOFFE”) and the Malaysian Monetary Exchange (“MME”). I promptly signed up
for the Malaysian Futures and Options Registered Representative (“MFORR”)
course, passed my papers before crossing my fingers to seek out a financial
institution prepared to employ me.
As luck had it, I was recruited by a financial
institution which was willing to give me a chance. I thought I was well on my
way to carve out a lucrative niche for myself.
That was probably a logical assumption then as I thought Malaysia was in
a sweet spot of a regional financial sector boom. The sweet scent of the
phenomenal equity bull run of 1993-94 was still strong, encouragement from the
government was fantastic and with the mass recruitment of derivatives
specialists from all over, one would have thought that Malaysia could at least
have a decent claim as one the regional centres for derivatives.
The Present
Fast forward to 2008. I didn’t
happen to make my fortune in derivatives (or make any fortune for that matter).
Nevertheless, derivatives now enjoys all the global primetime headlines for all
the subprime reasons.
It would probably be a fair
assumption to mention that Malaysia doesn’t cross the minds of many as a
regional centre for derivatives or even as a mainstream financial centre.
Nevertheless, I am thankful to the policies of the
government in managing to carve out a niche in the areas of Islamic finance
and debt capital markets in which
not only have I stood as a beneficiary but also in which Malaysia can lay claim
as being among the best in the region.
Malaysia’s Niche
Mention Islamic finance to a
financial practitioner and Malaysia likely comes to mind.
Using the analogy of sports, Malaysia’s stature in
this area is not restricted to merely being amongst the best in the Asian Games.
Rather, Malaysia’s current rightful place in this particular event is for her
to stand on the podium of the OLYMPICS stage.
On the scale of the depth and
innovativeness of the domestic currency debt market event, Malaysia would
probably win the gold medal in the SEA Games. On the grander stage of the Asian
Games, we would probably be able to
punch above our weight for a very strong showing.
Just
how did we get this far in these blue ribbon events?
What It Took
In the case of Islamic finance, the
government had the foresight to recognize a niche that this was an area that we
could excel and innovate in. The appropriate policies and goals were set in
place a long way back before Islamic Finance was considered to be even “cool”
or to be the “in thing”. A step by step approach was conceptualized and executed.
Carrots were laid out to firstly local or locally
incorporated institutions to ensure success domestically. Islamic financial
institutions and Islamic windows were created. Following this, we then granted
full Islamic banking licenses to institutions controlled by foreigners.
Subsequent to that, we encouraged the participation of institutions to operate
under the International Islamic Bank (“IIB”) framework..This, in my opinion,
was probably the right step. The creation of a successful domestic model was
crucial to firstly, build the confidence internally and secondly, as a role
model to the world that this is something that is workable before moving to the
next step. I shall personally term this model the “jaguh kampung”
model.
In this particular regard, it may not be such a bad
thing to be a “jaguh kampong”. We have proven to the global audience
that it is quite possible to have a vibrant Islamic financial system coexisting
with an established and mainstream conventional system. This model of success
is also replicated in the area of the insurance industry. The
takaful sector is growing healthily alongside its conventional
counterparts. Try calling this uninnovative.
We may not have been the first to roll out an Islamic
bank or a takaful company for that matter. But then again, neither did
Henry Ford invent the automobile.
Nevertheless, our similarities are that we have a model, platform and
infrastructure which not just works but works pretty darn well. To me,
innovation does not necessarily mean the invention of the product alone but
rather can also come from the process involved in the creation of the product.
They say imitation is the best compliment. Our model
of Islamic finance is being replicated by several countries. A further
testament of this success is in the form of Malaysian Islamic finance
specialists who have been lured to the other developed or developing Islamic
financial centres. We have a competent and innovative set of professionals who
have not only populated the domestic scene but are now taking their expertise
abroad. Little wonder that we’re termed
an export driven economy.
The Asian financial crisis necessitated the creation
of a deep, sophisticated market for private debt securities (“PDS”). This was
to ensure that the systemic risks of a model which relies heavily on bank
lending were mitigated. The crisis a decade ago presented an opportunity for
the creation of a sound and innovative infrastructure for a ringgit PDS market.
Though probably in the pipeline then, the success of the mentioned
infrastructure was likely expedited due to a confluence of the government’s
promotion, accommodative policies and
legislation; the pure necessity of a deep and liquid PDS market arising out of
pressing events and the proactive role played by the market players themselves.
There was even a brief period between the end of
2007-2008 where there was even a clamour of
foreign corporate issuers making a beeline to KL to issue ringgit
denominated PDS. This adds further
credence to Malaysia’s stature . While conditions in Europe and in the US did
not render an economically viable corporate bonds issue, they turned their
sights to Malaysia.
This shouldn’t be a surprise as we had the following
factors to attract them:
1) A regulatory environment which welcomed foreign
issuers.
2) A mature and innovative domestic bond market with a
tried and tested infrastructure ( legal framework, proven trading
infrastructure etc).
3) A deep and liquid domestic PDS market with the
ability to absorb a desired primary issue and to actively follow through with
secondary market activities (To some extent, this may have been helped by a
curious lot of domestic investors whose interest may have been piqued by the
top notch ratings accorded to these prospective issuers by our local rating
agencies).
4) A relatively stable currency of choice to denominate
their issue in.
5) An established rating system with competent
experience with perhaps the comfort of a foreign tie up to lend further
credence to its abilities.
The fact of the matter is that, yes….. they may have
come to Malaysia because conditions in London and New York were tough. But then
again, they did choose a ringgit PDS issue over an issue denominated in yuan,
won, baht, or even a Singapore dollar. This might be a cynical view though.
There were already issuers exploring Malaysia as an alternative choice platform
for a diversified funding source even before the credit crisis
unfolded.
There is also the relatively little known fact that
our national mortgage corporation ie. Cagamas Berhad is also model of success
which we can all be proud of. Far from being unfairly associated with the likes
of Fannie Mae or Freddie Mac (as some may have in mind), it has in fact been
acknowledged by an organization none other than the World Bank as being one of
the best models of a secondary mortgage liquidity facility provider globally.
Again, in sporting terms, I would probably liken Cagamas to squash.
It’s a sport where Malaysia is really good at but may not have a truly global
recognition that it deserves as it is not an Olympic event yet. I feel Cagamas’
22 years of operating history that has seen it ride out 2 recessions (including
the Asian financial crisis) and together with it being at the forefront of the
growth of the Malaysian capital markets industry certainly is another feather
in the cap for the Malaysian financial sector.
Again, Cagamas is probably another tale of an innovative homegrown financial
model which has done so well at home that its operating model may serve as a
template of sorts for the other markets.
The Threats
Malaysia is effectively sandwiched
between 2 major financial sectors in the same time zone; Singapore and Hong Kong.
While we may have carved out certain niches that we can be proud of todate,
Singapore and Hong Kong have the existing infrastructure and perhaps more
importantly the potential mindset to
dethrone us in some of our prized niche ie. Islamic Finance.
In my humble opinion, whatever
that’s being said about the pie being big enough for all or that the market
being big enough for more players does not quite address the point that should
we simply lose out on a sukuk listing in Labuan because a potential issuer
chose Singapore over us, then the cake simply can’t be big enough for all. It’s
somewhat akin to a zero sum game for us if we simply rested on our laurels or
if we continued to dwell on our past glories.
We probably also need to plan the
future courses of action carefully and embark on new initiatives on the right
footing at the very start. I think when we had first begun our journey into
Islamic finance, the dominant modality applied was the Al Bai Bithaman Ajil
(“ABBA”) modality. Perhaps taking a cue from the iconic Swedish foursome; Abba
then, it was probably a case of peer collective commercial pressure singing to
the tune of “Money, Money, Money….”. This was perhaps an isolated case then of
a “jaguh kampung” needing some international exposure and guidance that this
was not quite the correct path. It is a well known fact that this modality is
to say the least, not too popular in the Middle East and is also now having
some domestic issues of its own. Thankfully, this is being rightfully addressed.
Hong Kong, in its quest to host an
Islamic finance hub of its own, has recently announced that the Hong Kong
Airport Authority is planning an upto US$1 billion sukuk issue. Singapore is to
my knowledge, considering legislation which promotes Islamic financing based on
the modalities of ijarah and musharakah. I will probably imagine that the
thought process involved in all these
will have been quite thorough if the targeted market is from the Middle
East. All that is required now is an appropriate legal framework to support
these initiatives.
Conclusion
I think Malaysia has found a right
niche in areas which I truly believe it can excel in. It may have been a
blessing as well that the derivatives market did not take off or evolved the
way it was planned as these are the very instruments now which are wrecking the
global financial scene.
However, we cannnot depend on
“blessings in disguise” or being inward looking to move forward. There is
probably a constant need to evolve or have the natural inertia to move us out
of our comfort zone in order to maintain or further strengthen our particular
niches. Otherwise we may just fade away.
We used to be the global kings of
badminton. Let’s just ask ourselves…..when was the last time we won the Thomas
Cup? Where are the current badminton champions coming from and were they not
upstarts previously?
“Financial
innovations: what it takes to be the regional best”
by
Calbert Loh Wai Mun, Bangkok Bank Berhad
The financial-services innovation ability contributes towards the company capability to meet short- and long-term performance targets. In order to succeed as the regional best, it is applicable to study the survey findings of the latest McKinsey Quarterly report of global executives , which suggest that innovation will be a major competitive battleground in the financial-services industry. Public and private service firms in retail banking, asset management, investment banking, insurance, and other financial services, consider product innovation as a priority and view business model innovation as growing in importance.
The financial-service industry has significant room to improve performance on a number of common best practices for fostering innovation, such as using consumer insights to drive new ideas and dedicating organizational structures and funds for innovation. More than half of the financial-service company has pockets of successful innovation, but the efforts are not developed and sustained throughout the company.
Continuous innovation is needed amid advancing technology, changing environment, evolving customer desires with competitors improving their products, processes and services. Lack of financial innovation will results in customers decline in buying the company old financial products and services which needs to be replaced. Sales, revenues, shareholder returns and stock price of the financial-services company will continue decline. Products are increasingly difficult to differentiate with customers being more sophisticated, demanding and expect more in terms of customization, newness, quality and better pricing. With markets and technology changing fast, good ideas are quickly copied and there is continual pressure to devise new and better products, processes and services faster.
Innovation is also important to a company’s long-term success. According to McKinsey global survey, 57 percent of financial-services company view innovation as extremely or very important to the ability to meet revenue targets over the past one to three years as per Table 1 . Despite the problems faced by financial-services company in innovation practices, only 15 percent viewed financial innovation as less effective than those of their peers and competitors while 28 percent viewed financial-services company as being equally competitive.

Investing in Innovations
The financial-services company needs to develop a budget in spending money on innovation-related initiatives for meeting long-term as well as short-term performance targets. Innovation spending is typically among the first areas which the financial-services company will target whenever they cut costs to ensure the company’s over the next three years continuous growth with product innovation development and business model innovation as per Table 2.

Developing innovations in financial-services institutions remain a challenge as the two most important reasons are the cause and effect of short-term pressure i.e. expectations of short-term financial success coupled with resource allocation that slights innovation efforts in favor of short-term execution. Interestingly, the third most important factor is a lack of organizational mechanisms that would encourage the generation of new ideas and human talent development. Organizational shortcomings are a recurring theme, which other challenges include lack of insight understanding into the customer needs and behavior, compliance restriction, regulation pressure and senior management generally do not value innovation or generation of new ideas as per Table 3.

The sources of innovation ideas primarily develop and initiated by the financial-service employees, as compared with less than 1 percent coming from senior management, the CEO, or the founder of the firm. These reflect a bottom-up approach to innovation at many companies, rather than active professional development and the management of an innovation strategy. The second most frequent source of ideas is the analysis of competitive and market dynamics contributing about at 61 percent; with 38 percent contribution from the use of data about consumer insights, behavior, and trends. External sources, such as partnerships and joint ventures, contributed about 33 percent as per Table 4. Other sources of ideas include one-on-one interview with customer, quantitative surveys, analysis of technological trends and data about customer insights, behavior and trends are valuable information. The relatively subdued roles of consumer insights and external sources suggest a fairly basic and conservative approach to innovation in large parts of the financial-services industry.

The financial-service companies which have inadequate formal innovation structures with lack of organizational mechanism in place, needs to identify the barriers they face to commercialize innovations. Formal process to line up the necessary internal resources ensure innovation is carry-out in an orderly and organized process i.e. information technology (IT) readiness and to prioritize projects for these support functions as per Table 5.
An innovation council or committee that reviews innovative initiatives need to be set-up. Funds dedicated to innovation activities and a centralized research department or innovation centre ensures continuous success in innovation. In order to drive innovation, a dedicated team needs to be set-up to analyze problems, problem-solving and generate new ideas. Human talent development is important in search of new insights and understanding customer requirements in adopting the crowdsourcing method for product development efforts in order to ensure continuous flow of new ideas for innovation initiatives. Formal partnership with other research centre or academics and the establishment of corporate venture capital fund are an added advantage.

Most executives in the financial-service industry view substantial opportunity for their company to improve performance in practices that most industries regard as vital for successful innovation. Around 70 percent rate the financial-service company performance as poor or merely adequate in the following categories i.e. establishing clear incentives to innovate, setting clear targets and metrics for innovation initiatives, prototyping ideas for rapid commercialization, systematically providing funds for innovation projects, and developing a network of external partners to develop new ideas as per Table 6. Therefore, the performance gap report needs to be reviewed and monitored closely to track innovation development initiatives.

Conclusion
Financial innovative is a positive message and win customer enthusiastic support. Poor implementation of many recent corporate initiatives such as enterprise resource planning (ERP) implementation, international organization for standardization (ISO) 9000 implementation, reengineering and downsizing does not result in fast growth. Often this led to a reduction in quality levels and stagnation in sales. The ability to provide continuous innovation leads to faster growth, increased in market share and better corporate positioning.
Senior leadership’s active involvement and management in short- and long-term innovation initiatives would promote successful innovation. In addition, financial innovative development needs to be incorporated as a strategic corporate strategy. Moving forward, amid fast changing technology, shorter financial product lifetime and higher customer requirements, financial innovation ensures continuous success to be the regional best.
References
1.
Daniel
H. Pink “A Whole New Mind: Why Right-Brainers will rule”
2.
G.S. Altshuller, "Theory of Inventive
Problem Solving."
3.
Jeffrey Phillips “Make us more Innovative”.
4.
Keith
Herndon, “Enterpreneurs and Innovations – Creating value with emerging
technologies”.
5.
Paul
Slogan, “The Innovative Leader”.
6.
Richard
Florida, “The Rise of the Creative Class”.
Essay
Title: Financial Innovations: What it takes to be regional best
By Tan Voon Ching
OSK Investment Bank Bhd
Innovation
can be defined as “a new way of doing something”. It may refer to incremental,
radical, and revolutionary changes in thinking, products, processes, or
organization. Financial markets are always innovating, such innovations can
affect the revolution the financial sector as a whole, relate to changes in
business structures, to the establishment of new types of financial intermediaries,
or to the legal and supervisory framework. It is an important source of
economic growth in promoting the efficient allocation of capital and raising
our standard of living, however, if it turns awry, it can be a cause of
macroeconomic instability.
Financial
innovation is the act of creating new financial instruments to increase the
varieties of financial products to cater to the different needs of the market
participants. It is closely related to financial engineering, which plays a
vital role in the design, development, and the implementation of innovative
financial instrument to form creative solutions to problems in the financial
arena. Over the past decades, numerous financial products in the likes of
Collateralized Debt Obligations (CDOs), Credit Default Swaps (CDSs) have been
developed.
Broadly,
financial innovation can be divided into 2 categories, namely product
innovations and process innovations. Product innovation involves creation of
new financial products whereas process innovation entails developing new
financial services by the adoption of the latest technology. One of the main
objectives of financial innovation is to improve the effectiveness of risk
management. It is undeniable that financial innovation has been essential and
persistent in the development of the economic landscape over the past few
centuries. Hence, besides having the necessary infrastructure and technology,
what are the elements required to help propel Malaysia to be the best in the
Asian region in financial innovation?
Financial Innovation – The financial
crisis (creative destruction)
The
word ‘subprime’ has become a buzz word in the global financial market in recent
times. The credit debacle started in the late 90s but has become more apparent
throughout 2007 and 2008 after the bursting of the United States housing bubble
and high default rates on “subprime” and adjustable rate mortgages (ARM) from
2005 to 2006. This crisis had led to the downfall of the global financial
institutions. On September 15, 2008, the Lehman Brothers Holdings filed for
Chapter 11 bankruptcy protection and this was the largest bankruptcy filing in
US history with Lehman holding over US$600 billion worth of assets. On top of
that, US Government had offered US$700 billion bailout plan to buy over
‘troubled assets’ in its bid to rescue the US financial system.
Following
the crisis, some analysts had begun to question the rationale of structuring
such complex financial instruments, which could potentially destroy the entire
financial system. In his work entitled “Capitalism, Socialism and Democracy”
(1942), Joseph Schumpeter introduced the concept of ‘creative destruction’ - a
new system or concept designed to replace the old system. The current
circumstances would present a good avenue for Malaysia to bring new breath to
the dampening global financial industry.
One
of the roots of the credit crisis is the complexities of the structured
products. This is evident when even the Federal Reserve Chairman Ben Bernanke
had to enroll into a 2-week course in order to fully understand these
‘creative’ financial products. For that reason, financial engineers could
consider structuring financial instruments which are easily understood and
accepted by retail investors whilst taking into account of the different
investment appetites of investors from different regions. For instance, surveys
have shown that many Asian investors are inclined to allocate huge portions of
their incomes for saving purposes. Malaysia could focus on this niche market by
specializing in structuring savings-related financial products to the Asian
market. Recently, one of the local financial instutions had introduced a new
saving structured product - Max InvestSave PSSIA-I, which is one good
example of structured products that can be introduced to the market.
Secondly, the local unit
trust companies could also implement the ‘glocal’ (a combination of global and
local) concept in managing their investment portfolios. These companies could
tap on local talents from around the world to manage the portfolio. For
instance, one of the local banks has planned to launch an ASEAN equity-linked
fund, hence they should hire the local talents from each ASEAN country to
manage the portfolio as the local players are likely to have a better understanding
of the local market.
One of the issues which
surfaced following the subprime crisis is the absence of an independent
committee or agency to evaluate or verify the credit ratings assigned to
corporations by rating agencies. Many “troubled-assets” and securities backed
by subprime mortgages were rated AAA initially. This has raised questions about
the credibility of ratings assigned by rating agencies. For this reason,
Malaysia could be the first in the global financial market to setup an
independent watchdog or to have the existing Security Commission to evaluate
the credibility of the ratings assigned by credit-rating agencies such as RAM
and MARC. This would increase the transparency, reliability and effectiveness
of the evaluation process of securities.
Islamic Financial Hub
With
the globalization of Islamic finance and rapidly changing international Islamic
financial landscape, Islamic finance is becoming increasingly integrated with
the international financial system. In year 2007, the global sukuk market
expanded by more than 70% and the new issuances during that year also reached a
record high of US$47 billion. Adding to that, the total outstanding amount of
global sukuk market has surpassed the US$100billion mark. Out of the total
amount of outstanding global sukuk last year, two-thirds were accounted by
Malaysia, signifying Malaysia as one of the significant global players in the
Islamic finance market. Nonetheless, our neighbouring countries such as
Singapore and Hong Kong are beginning to recognize the importance of Islamic
finance in the global financial market. In recent years, these countries have
started to build up the Islamic facilities in their financial market in order
to ride on the current Islamic market boom. With the present financial crisis
engulfing the western economy, it is worth noting that most countries which
adopted Islamic finance have escaped relatively unscathed due to the greater
transparency and the needs for real economic initiatives to support the
transactions.
Consequently,
this stiff competition in the global Islamic market might lead to the situation
of red oceans. To avoid this situation, Malaysia can act differently through
the financial innovations to maintain its leading status in the global Islamic
market. Despite the various Islamic
concepts introduced, the Islamic financial products available in the market are
limited to few underlying concepts such as bai
bithaman ajil, istisna’, murabahah, mudharabah, musyarakah and ijarah. Hence, financial engineers
should attempt to explore and apply other different Islamic concepts to
structure more innovative financial instruments to cater to the needs of
different users. We have yet to see concepts such as Bai Istijrar (contract of supply), Muzara’ah (Agriculture Joint Venture), Bai Arbun (sale with rights to exercise or cancel upon payment of
earnest money) and Juaalah (contract
of performing a task) used as the underlying contracts on for a financial
market transactions.
In
addition, the regulators could consider providing more incentives to those
corporations in order to encourage financing through Islamic debt securities.
Besides that, the regulators could also liberalize the financial processes such
as issuance of new securities and simultaneously encourage offshore investors
to invest in the Islamic financial products by providing them with different
attractive incentives. For instance, they could do this by abolishing capital
gain tax to lower transaction costs. This would increase the liquidity which is
currently lacking in the local Islamic financial market.
New ways of transactions
Notably,
retail investors in Malaysia have limited investment avenues aside from the
stock market. For example, retail investors who have preference for bonds over
equities could only invest in bonds via the Exchange Traded Funds or purchase
other bond-related funds from unit trust companies. The standard trading amount
for any direct bond investment is RM5 million, which could mean a hefty sum to
most ordinary investors. In addition, based on a statistical analysis conducted
by the writer, results indicated that the Dow Jones Index is positively
correlated with the US treasuries’ yields whereas the KLCI Index is negatively
correlated with the yields of Malaysian Government Securities (MGS).
Consequently, retail investors find it difficult to seek shelter from
safe-haven assets during gloomy economic environment. To counter this, the
regulators could do their part by encouraging commercial banks to act as agents
for the retail investors in bond transactions. Furthermore, the regulators
could also introduce dual-mode transactions for the financial products which
can only be traded over-the-counter (OTC) currently. In the United Kingdom, the
interest-rates swap is not only traded OTC, investors can also do so through
the exchange market. With this dual-mode transaction, it would likely improve
the liquidity of the financial products as more options are available for
investors to invest in the different financial products. And finally, the settlement
system can be further enhanced by the adoption of the latest technology to
ensure faster and secure payment.
In
a nutshell, the current financial crisis could be a blessing in disguise as it
provides an opportunity for Malaysia to be the leader in the Asian region in
the area of financial innovation. Whilst adopting the latest technology to
enhance the existing finance facilities, it is important that the regulators
and financial engineers work hand-in-hand in introducing new approaches in the
financial systems that can differentiate our country from our other Asian
counterparts. The ongoing financial malaise has resulted in many investors
losing faith in financial innovations. Hence, the regulators have a role to
play in restoring investors’ confidence.
This can be made possible by educating investors about the ‘new baby’ of
financial innovation and to ensure that investors are aware of the risk and
reward of such products. We believe financial innovations play a vital role in
bringing the financial industry to a higher level that can benefit the global
citizens, providing the industry players refrain from using financial
innovation for their own benefits.
TOPIC FIVE :
DEVELOPMENT OF CREDIT DERIVATIVES MARKET
AND
THE CHALLENGES IN MALAYSIA
The development of credit derivatives in
Malaysia is a logical extension of the ever-growing array of derivatives
trading in the market. The concept of a derivative is to create a contract that
transfers some risk or some volatility. This risk or volatility may relate to
the price or performance of a reference asset, event, a market price or any
other economic or natural phenomenon. However, the derivative trade closely
mimics risk and return of holding the underlying asset, or at least a segment
thereof. Thus, derivatives bring about a completely independent trade in the risks
or returns of an asset. For example, a trade in options or futures in equities
may run completely independent of trades in equity shares.
Credit derivatives are in fact
off-balance sheet derivative contracts that seek to transfer defined credit
risks in a credit product or bunch of credit products to the counterparty to
the derivative contract. The counterparty to the derivative contract could
either be a market participant, or could be the capital market through the
process of securitisation. The credit product might either be exposure inherent
in a credit asset such as a loan, or might be generic credit risk such as
bankruptcy risk of an entity. As the risks, and rewards commensurate with the
risks, are transferred to the counterparty, the counterparty assumes the
position of a virtual or synthetic holder of the credit
asset. The counterparty buys the risk obviously for a premium, and the premium
represents the rewards of the counterparty. One of the credit derivatives is
credit default swap (CDS) which is essentially an option to swap a credit asset
for cash to transfer credit risk, should it default. Table 1 below illustrates
the buyers and sellers of credit default swaps (CDS) consists of mainly the
hedge funds about 28%-31% and banks and dealers for the trading portfolios
about 33%-39%.

The Development Of Credit Derivatives Market
1.1 Securitization
Given the
fact that the synthetic market does not have several of the limitations or
constraints of the market for cash bonds or loans, credit derivatives have
become an alternative parallel trading instrument that is linked to the value
of a corporation similar to equities and bonds. Coupled with the device of
securitisation, credit derivatives have been rendered into investment products.
Thus, investors may invest in credit linked notes and gain credit exposure to
an entity, or a bunch of entities. Securitisation linked with credit
derivatives has led to the commoditization of credit risk.
1.2 Index-link Products and Structured Credit Trading
Apart from
commoditization of credit risk by securitisation, there are two other
developments that seem to have contributed to the exponential growth of credit
derivatives i.e. index products and structured credit trading. In the equities
and bonds market, investors may acquire exposure to either a single entity’s
stocks or bonds, or to a broad-based index. The logical outcome of the
increasing popularity of credit derivatives was credit derivatives indices.
Thus, instead of gaining or selling exposure to the credit risk of a single
entity, one may buy or sell exposure to a broad-based index, or sub-indices,
implying risk in a generalized, diversified index of names.
1.3 Tranching Or Structured Credit Trading
The idea
of tranching or structured credit trading is essentially similar to that of
seniority in the bond market i.e. one may have senior bonds, pari passu bonds, or junior
bonds. In the credit derivatives market, this idea has been carried to a much
more intensive level with tranches representing risk of different levels. These
principles have been borrowed from the structured finance market. Thus, on a
bunch of 100 names, one may take either the first 3% risk, or the 4% to 6%
slice of the risk, or the 7% to 10% slice, and so on. The combination of
tranching with the indices leads to trades in tranches of indices, opening
doors for a wide range of strategies or views to take on credit risk.
1.4 Development Of Hedge Fund Industry
Quite
often, the development of the global hedge fund industry has been associated
with the development of credit derivatives. The global hedge funds are
prominent in credit derivatives trades, particularly in case of the lower
tranches of the structured credit spectrum represents the segment of investor
capital that is least regulated, risk neutral, out to seize opportunities
arising out of mispricing, etc. As the credit derivatives trades are almost
completely unregulated and offer opportunities of short trades in credit not
permitted by the bond market, the credit derivatives industry provides an excellent
playing ground to the hedge funds.
Challenge of Credit Derivatives
1.1 Credit Risk
Credit
risk is the risk inherent in credit, and credit is the very basis of our
present society. Corporate defaults are reaching never-before dimensions, and
have assumed far reaching impact. Market participants transacting in credit
derivatives market instruments needs to have the capacity to understand and
assess the credit-related risks inherent in these instruments. This knowledge
includes the capacity to understand the major variables on which the valuation
of the instrument depends and how the valuation of the instrument will be
affected by changes in these variables. Corporate customer that undertake
credit derivatives on both the asset and the liability side of the balance
sheet needs to have the ability to assess on a comparable basis the relevant
credit risk regardless of how the transaction appears on the balance sheet.
1.2 Lack Of Understanding and Liquidity In The Credit Derivatives Market
The opacity of the credit derivatives market, and especially of
structured synthetic instruments, is a potential source of concern. The complex
interaction between cash instruments and credit derivatives has made it
increasingly difficult to monitor where different, possibly sizeable, positions
are taken and where risks are concentrated. It is similarly difficult to
monitor whether and when simultaneous attempts by market participants to unwind
their positions could have an impact on market prices and systemic liquidity.
It is therefore becoming increasingly important for risk managers, in both the
private and the public sectors to understand which risks are being accumulated
by what financial entities.
1.3 Lack Of Adequate Transparency Credit Derivatives Framework
More and improved data on net credit risk exposures and on
the concentration of positions which tend to build up easily in highly
leveraged and opaque markets which could help to mitigate sizeable shortcomings
in both counterparty and systemic liquidity risk management. In fact, such data
could help market participants and competent authorities to value, price and
manage more effectively the increasing risks posed when investors behave in a
homogenous way. It is important that adequate transparency framework be adopted
but there is lack of broad consensus on how such a framework would be best
implemented in order to provide timely and relevant information. Therefore, joint initiatives from regulatory and market
players need to be set-up to improve transparency, especially to reduce pricing
risks for illiquid products, enhance risk management capabilities, and support
market discipline regarding counterparty risks, especially non-regulated
entities are required.
Solutions To Meet Challenges
Given that the credit derivatives
market has a global, innovative, complex and predominantly wholesale nature, it
may be argued that global market standards are particularly well suited to meet
related regulatory challenges.
2.1
Increased Transparency For Proper Evaluation Of Systematic Risk
Reference is made to both the reports
i.e. Counterparty Risk Management Policy Group and
the recent report released by the Institute of International Finance Special
Committee on liquidity risk which calls for “greater transparency and an
incremental collaborative mechanism between the public and private sector in
contingency planning”. They also draw attention to the fact that standard
methods for valuing contracts with defaulting counterparties under the
close-out netting provisions of master agreements for derivatives transactions
could be difficult to implement during periods of market stress. As noted by
the Basel Committee on Payment and Settlement Systems, the efforts of the
Committee on the Global Financial System
(CGFS) to develop mechanisms that better identify aggregate information on
credit risk will be strongly supported by supervisory authorities and market
participants. Market players need to seek aggregation of credit risk to ensure
that their measures of credit exposures to individual obligors are as
comprehensive as possible i.e. including both direct exposures i.e. loans and
over-the counter (OTC) derivatives exposures as well as indirect exposures from
credit derivative transactions.
2.2
Common Market Standards And Legal Framework
The International
Swaps and Derivatives Association (ISDA)
are widely recognised as playing a crucial role in promoting market standards and mitigating
legal risk. In this regard,
there can be no doubt that the development of ISDA’s library of standard-form
contracts for credit derivatives has played a substantial role in promoting the
development of this market. It is important that market participants clearly
understand the precise rights and obligations which they assume when entering
into credit derivatives transactions, as standardised contracts do not always
work out in the way that contracting parties anticipate. Also, in some
instances, case law has demonstrated that the courts can take divergent views
regarding the meaning of ISDA’s definitions of credit derivatives. These
matters have been swiftly addressed by ISDA. The introduction of the
International Financial Reporting Standards (IFRS) ,
if implemented consistently and reliably, should lead to a substantial increase
in comparability and transparency. This should enhance the level playing-field
between banking institutions and strengthen market discipline for the use of
risk transfer instruments.
2.3
Dynamic Management of Structured Transactions and
Market
participants investing in dynamic structures should evaluate carefully the
record of the manager of the structured transactions, the nature of the
manager’s discretion, and the potential for conflicts of interest. Key issues
in this regard include triggers that call for or prevent certain actions, provisions
governing the diversion of cash flows to various tranches, and the
ability/right to substitute reference credits. In addition, market participants should
encourage the rating agencies to continue their efforts to provide information
that supplements the ratings themselves. Efforts to provide information on the events and scenarios that would
lead to credit derivative ratings downgrades or information on ratings
volatility are examples of additional information that could help market
participants better understand the risks of such instruments.
2.4
Credit Model Risk, Correlations and Extent of Risk Capture
Corporate in Malaysia that rely on models to
assess the valuation and risks of credit derivative instruments need to have
sufficient staff and expertise to properly understand the assumptions and the
limitations of those models, and to manage their usage appropriately. It is essential that the usage of such models
be subject to periodic validation independent of the trading or business area,
including independent audits conducted by capable internal or external
auditors. Corporations need to undertake efforts to regularly compare
model-based valuations with available market proxy that understand the role of
correlation assumptions in models used for valuation and assess the extent of
risk capture for routine risk measurement calculations.
2.5
Clearing And Settlement Arrangement For Over-The Counter (OTC) Credit
Derivatives
The
financial institutions need to extend the successful efforts to reduce
confirmation backlogs in credit derivatives to other OTC derivative products,
using automated systems whenever possible. To mitigate the risks of remaining
backlogs, more systematic use of economic affirmations is appropriate and over
time dealers should work toward daily portfolio reconciliations with their most
active counterparties;
Conclusion
Reiterating the fundamental view that
the wave of innovation underway in credit derivatives will offers substantial
benefits to both the efficiency and stability of our financial system. The
extent of these benefits will depend on market participants in Malaysia can
keep up with the pace of change in the market through continued investment in
both risk management and in the processing infrastructure. We have been through
a period of relatively favorable financial conditions, and the prospect for
future stability will depend in part on the degree of care and conservatism
market participants bring today to judgments about opportunity and risk
management.
References
1)
Angeloni, I., Kashyap,
A. and Mojon, B. (eds.) (2003), “Monetary Policy Transmission in the Euro
Area”, Cambridge University Press.
2)
Bondt, G.J. de
(2004), “The balance sheet channel of monetary policy: first empirical evidence
for the euro area corporate bond market”, International Journal of Finance and
Economics, Volume 9, Issue 3, pp. 219-228.
3)
CGFS-BIS (2003),
“Credit risk transfer”, Committee on the Global Financial System, January.
Counterparty Risk Management Policy Group II (2005), “Toward greater financial
stability: A private sector perspective”, July.
4)
Dfd De
Nederlandsche Bank (2002), “Credit growth underestimated owing to increasing
securitisations”, Statistical Bulletin, December, pp. 17-21.
5)
Donald L. Kohn
(2007), “Asset-pricing puzzles, credit risk, and credit derivatives” Central
Bank Articles and Speeches, March. Vice-Chairman of the Board of Governors of
the US Federal Reserve System, at the Conference on Credit Risk and Credit
Derivatives, Washington, D.C.
6)
ECB, “Credit risk
transfer by EU banks: activities, risks and risk management”, May 2004. ECB, “Assessment of accounting standards from
a financial stability perspective”, December 2006.
7)
FitchRatings,
Global Credit Derivatives Survey, September 2006.
8)
Geithner,
“Implications of Growth in Credit Derivatives for Financial Stability”,
President and Chief Executive Officer, Federal Reserve Bank of New York, 16 May
2006.
By Hanif Ghulam Mohammed
CIMB Investment Bank Bhd
Development
The
credit derivative market has exploded the last few years in the international
markets with volume doubling up each year. The most common form of credit
derivatives is the Credit Default Swap (CDS). Based on the latest number as at
Dec 2007 reported by BIS the amount outstanding on CDS is USD 57 trillion. Only commercial banks in USA are required to
report all derivative transactions. It remains to be seen whether banks
worldwide are required as well to report to their national supervisory
authorities on CDS transactions. Till then observers will have to rely on
surveys carried out by rating agencies and BIS.
In
Malaysia, according to a press statement last year there were a couple of CDS
trades done involving Malaysian banks with the underlying reference entity
being Projek Lebuhraya Utara Selatan (PLUS) bonds. There have also been talks
of banks wanting to pass on credit risk to retail customers via Credit Link
Notes (CLN). Banks can link deposits to specific credits and give out higher
returns. Risk is transferable to retailers and if there is a credit event,
retailers do not get their deposit back. Such structures have great benefits to
bank risk profile and their ability to lend more. The essence though lies in
proper documentation and information to willing customers of the risk involved.
The
popularity of credit derivatives stems mainly from the fact that it remains the
single most efficient tool to hedge a credit exposure. It allows banks to rid
of exposures on its balance sheet simply with a swap thus exchanging the credit
exposure to the trade counterparty usually rated much higher than the
underlying credit itself. This is extremely useful especially when the
underlying exposure is in the form of loans or illiquid bonds which in nature
are hard to sell off and traditionally held to maturity. For some credits the
notional outstanding amount on credit derivatives surpasses the actual
outstanding bond amount for the credit.
It
is a good platform for investors to get exposure to credits with bonds that are
highly illiquid or not available in the market. This has ultimately changed the
credit landscape with investors having options to reduce or expand and
diversify their credit portfolios.
CDS
premiums have become the best indicator of credit risk deterioration. More
significantly credit derivatives have helped and will continue to help banks
and investors to increase or reduce credit risk, diversify across sectors and
manage a better overall credit risk portfolio.
Regulators
Credit
derivates falls under the jurisdiction of International Swaps and Derivatives
(ISDA). ISDA remains the definitive guide to standardized rules for
derivatives.
Credit
derivatives in Malaysia are regulated by Bank Negara Malaysia (BNM) as set by
the Guidelines on Regulatory Treatment for Credit Derivatives Transactions
dated September 2005. The guideline recognizes at least 4 credit derivative
structures namely, CDS, First to Default Baskets (FTD), Credit Linked Notes
(CLN) and Total Return Swaps (TRS).
Compared
to the rest of the world, one should applaud BNM stance on credit derivatives
which errs on the conservative but not restrictive approach. BNM allows banks
to engage in credit derivatives for hedging, investment or trading but each proposal
has to go thru BNM first under new product approvals.
The
challenging years
One
cannot mention credit derivatives without discussing the events of 2007, 2008
and furthermore. It is of no doubt that many books and theories will be
written, right or wrong. Part of what went wrong was the amount of leveraging
that went unchecked. It was CDO on top of a CDO sold to investors hungry for
yield. The ripple effect that stared with subprime deterioration was compounded
due to the leveraging. The product did not fail; those who sold protection or
bought the securities were made to pay for their bad judgments. There are many
who benefited in the process namely those who bought the protection.
Another
intriguing development learned in this event was that counterparty risk is of
extreme importance and financial institutions (F.I) should take greater care in
their respective dealings. The guidelines on a defaulted counterparty are
clear, should they be in receipt of gain, these gains are legally owed to them.
On the other hand one has to queue behind creditors if there are losses owed.
The
lesson is clear; the way forward for credit derivatives is further regulation
which may lead to an introduction of an exchange to act as counterparty to all
players. This can take away counterparty risk and regulate the credit
derivatives market.
The
Malaysian challenge
The
conventional Private Debt Securities (PDS) market where traders trade OTC
corporate bonds has evolved into an efficient playground for corporates to raise
alternative funding. The Malaysian market is recognized worldwide as having the
most number of Islamic bonds issued in the whole world with about RM 200
billion of Islamic issues. Players consist of real money asset managers,
insurance and bank dealers. Ringgit PDS is traded on an absolute yield terms
and credit spread is loosely derived from the absolute yield minus the
appropriate tenor of Malaysian Government Securities (MGS) or absolute yield
minus Interest Rate Swap (IRS). Whilst theoretically the spread seems fair, the
actual movement in market dictates that the spread is moving due to the
movement in the IRS or MGS. This form of pricing is heavily influenced by
interest rate movements rather than actual credit factors.
In
developed markets where there exists better liquidity, corporate bonds are
traded on an actual spread terms thus eliminating the interest rate movement.
This method of trading focus solely on credit risk thus promoting better risk
management. This form of pricing is one of the reasons why credit derivatives
can flourish. It provides a better gauge and understanding of the pricing.
Based
on the understanding that credit spread provides the best form of pricing a
credit, then the easiest way to price credit derivatives in Malaysia would come
from the asset swap (ASW) level which on face value is the absolute yield minus
the IRS level. As it is a derivative there is no funding need which leaves the
spread above the ASW as the actual credit spread level. Thus actual pricing
should remain close to that level minus market forces. However as many of those
involved in the PDS market have various ways of managing their portfolios there
will be different arguments to actual pricing level and this remains a
stumbling block in the development of credit derivatives.
The
basic fundamental of any market is the fact that there needs to be a willing
buyer and a willing seller. The credit derivative market is no exception to
this rule. In the Malaysian PDS market, the buyers have always come from the
asset management companies, insurance companies, mutual and pension funds. The
sellers usually come from the banking fraternity.
Herein
lies the problem when banks are looking to hedge off their credit risks. It is
not clear if the real money buyers like the pensions funds are allowed to
engage in CDS or credit derivatives as they do not fall under BNM umbrella.
Even harder would be the asset management companies with various funds and
answerable to the common public.
The
lack of counterparties will make CDS trades harder as counterparties may not
have avenue to square off trades.
Malaysia’s
financial system is flush with liquidity thus the need for assets. Investors
are always looking for assets and have not really looked at derivatives as a
way to pick up yield. It is perhaps then wise to suggest a funded version of
credit derivative to investors which are long cash. CLN provides a wider range
of assets to invest and it entails taking in deposit against the Notes. This
provides investors with an exposure to a wider range of names using up its
excess liquidity and frees up bank’s credit limit to the credits involved.
Another
obstacle that needs to be addressed is transparency of trades. People are less
keen to engage in a trade or any credit structure if there is lack of
knowledge, prices and information.
Although
BNM has done much to promote credit derivatives, one could suggest they go one
better and allow netting of credit exposures with derivatives. Currently the
guideline is quite strict in this respect requiring all details to be matched
to the exact precision. Acquiring perfect hedges is usually rather impossible
and almost all the time unprofitable.
Essentially
a CDS is transferring the credit risk of the underlying to the counterparty.
When there is potential in counterparties defaulting, there exists a risk the
CDS contract becoming null. This risk though should be mitigated from the onset
through Credit Support Annex (CSA) and through diligent process of Knowing Your
Customers and counterparties (KYC). This risk will exist in other products and
is not specific to credit derivatives.
The
key business for any Malaysian bank still remains in its loan departments. The
perception that loans cannot be hedged should be corrected. Although loan is
not a deliverable obligation under BNM ruling, this should not hinder progress
as credit derivative contracts can be cash settled. Banks have the avenue to
diversify and hedge their loan and bond portfolio and this advantage should be
utilized.
Ideas
to launch the market
From
the discussion above its clear there are challenges that need to be addressed
to push credit derivatives in Malaysia. Improving price transparency will come
about with greater participation. Exchange Traded Platform (ETP) and Fully
Automated System for Trading (FAST) could also be a platform where contributors
provide indicative pricing for the liquid CDS or structures. This can reduce
pricing errors and even if there is discrepancy in pricing, it may not
necessarily be detrimental to the market. Opinions and views drive the market.
Although
internationally there has been no precedence, we should not overlook the idea
of a clearing house for CDS in Malaysia. Moving from OTC to an exchange traded
counter (ETC) can help bolster transparency and improve liquidity. The exchange
can take over the neutral counterparty role on auctions to determine recovery
levels. This idea will also limit potential impact on counterparty risk.
Regulators
have an important role to play and have so far played a major part. Allowing
netting of exposures to knock off single customer limit (SCL) will give credit
derivatives a major boost to the credit market as a whole. Even partial netting
would spark some movement allowing easier accessibility of funding to
corporates, boosting production and in the macro perspective producing positive
numbers on the economy.
New
dawn
Credit
derivatives allow public participation in the credit market. But as we have
seen from recent developments, there has to be a strong message that with
greater risk there is the possibility of loss on capital and onus is entirely
upon the individual. The passing of information has to be clear and precise as
possible.
There
is a comfort zone that needs to be upgraded should we want to promote better
stability in our financial market. Investors in Malaysia have leaned on the
cautionary and traditional but not necessarily prudent approach for too long.
They have been cash bond investors and although the approach has worked for
many years, it has never been full proof to any potential defaults. Often when
the situation arises, the investor is left to face workout options. For the sharp eyed investor there exist an
opportunity to profit from a potential default or even a negative credit event
and the idea that an investor can make money only from a bull market can now be
ridiculed.
Many
of the better developments in Malaysian financial market have come through with
collaboration with regulators. Although there have been pockets of development,
there hasn’t been enough. Undoubtedly banks together with regulators, have to
play the lead role as they as a group would stand out as major beneficiaries.
The biggest prize will be reserved for the financial market in the form of greater
liquidity, transparency and stability.
Development of Credit Derivatives and Challenges in Malaysia
By Adrian Wong Yew Chong
Bank Negara Malaysia
Introduction
Global financial markets are facing unprecedented crisis since the Great Depression, due to the meltdown of sub-prime mortgages, on-going credit crunch and followed by the collapse of financial corporations which were thought “could never fail”. Financial bailouts by the United States and European governments signify the severity of the current situation. The actions to save AIG from brink of collapse was a complete U-turn from US Treasury’s decision to allow Lehman Brothers to go bust, which was believed to stem another financial storm .e. crash of credit derivatives market. Despite being touted as a financial ingenuity which has helped increase market efficiency, a failure in credit derivatives market can spark a chain-reaction leading to financial Armageddon. Perhaps it is now timely to relook at how such product came into existence, its development on a global scale and whether the Malaysian market will be able to embrace this product, which has fallen from grace in the eyes of investors.
Development
Essentially, credit derivatives are bilateral financial contracts that isolate specific aspects of credit risk from an underlying instrument and transfer that risk between two parties. A buyer of a credit derivative is purchasing protection against credit risk of a reference entity, which could be a corporate, sovereign or any other legal entity that have incurred debt. One of unique point for these financial instruments is that the reference entity need neither be a party to nor aware of a credit derivative transaction. This confidentiality enables banks and corporate treasurers to manage their credit risks discreetly without interfering with important customer relationships.
As shown in Figure 1, the credit derivatives universe were developed by 3 “big bang” products i.e. credit default swaps (CDS), credit options and total return swaps. These three building blocks have spawned numerous other products that cater to investors’ whim and fancy. Such products can grow in complexity in terms of pricing and modelling, depending on whether the structure is derived from single-name or multi-name entities. Furthermore, these instruments can also be classified into two categories, i.e. unfunded and funded. The difference between the two is that an unfunded product will require the protection seller to make protection payments on happening of credit event, without recourse to other assets. CDS is an example of unfunded derivative, contrasted with a Collateralised Debt Obligation (CDO), a funded derivative generally known as a bond issued against a mixed pool of assets.
Figure
1: Credit derivatives universe

Source: JP
Morgan, Lehman Brothers
The derivatives market has gone through an evolutionary life cycle, as identified by Charles Smithson (2003). The first “defensive” stage was the late 1980s and early 1990s, and was characterized by ad hoc attempts by banks to lay off some of their credit exposures. Stage two began about 1991 and lasted through the mid- to late-1990s, which saw the emergence of market intermediaries and investors entering the markets to seek exposure to credit risk. The third stage, which began in the late 1990s, saw the maturing of credit derivatives from a new product into a household name in the financial community.
It is in this third stage that the credit derivatives market has really taken off. The market grew exponentially, from a mere USD180 billion in 1996 to an estimated USD33 trillion in 2008 (Figure 2). Improved market efficiency, standardized ISDA documentation and active market players (such as hedge funds) are important factors that led to such an explosive growth.
Figure 2: Growth of
global credit derivatives

Source: Credit Derivatives Report 2006 – British
Bankers’ Association
The passage of time has also shown how credit derivatives have changed as a mere hedging tool for managing credit risk to a traded instrument as part of profit generator. In Table 1, Banks remain the top buyer and seller of credit protection, whilst the participation of insurers has reduced somewhat due to entry of hedge funds, whereby their participation almost doubled in 2006 compared to 2004. Hedge funds use credit derivatives in a variety of ways, all of which tend to augment market efficiency and price discovery as well as to increase liquidity. Hedge funds can use credit derivatives in their convertible bond arbitrage activities in order to strip out unwanted credit risk and trade protection in order to profit from perceived mispricing.
Table 1: Credit derivatives product mix and traders by
institutional type
|
2004 |
2006 |
|
2004 |
2006 |
||
|
Buyer |
Seller |
Buyer |
Seller |
|||
|
|
|
Banks |
67 |
54 |
59 |
44 |
|
Insurers |
7 |
30 |
6 |
17 |
||
|
Hedge funds |
16 |
15 |
28 |
32 |
||
|
Pension funds |
3 |
4 |
2 |
4 |
||
|
Mutual Funds |
3 |
4 |
2 |
3 |
||
|
Corporates |
3 |
2 |
2 |
-- |
||
|
|
Others |
1 |
1 |
1 |
-- |
|
|
|
100 |
100 |
100 |
100 |
||
Source: Credit Derivatives Report 2006 – British Bankers’ Association
Table 1 also shows that Index trades have surpassed single CDS in terms volume traded in the market. One the advantage of index trading is that it provided diversified exposure instead of concentrating it on one name, which was more appealing to investors. Furthermore, dealers took deliberate measures to promote liquidity in index trading. Such measures included the development of master confirmations, commitments to quote tight bid-offer spreads, and allowing investors to trade out of an old index and “roll” into the new one at mid-market spreads.
Challenges in
Malaysia
The growth of Malaysian credit derivatives market (CDS especially) has yet to catch up with the pace of the global market. In Malaysia, as well as the Asia Pacific, the CDS market still tends to be limited international investors. Due to the rating asymmetry by local and international agency, the demand for CDS differs among local and foreign investors. Domestic rated AAA corporations are often rated only A or BBB internationally, and international investors would thus be more interested in hedging the associated credit risks. Despite having one of the most developed corporate bonds in Asia, Malaysian investors still see little need for protection as the market is made up of highly domestic rated issues.
Another challenge in Malaysia is the lack of names available for trading in the CDS market, which indirectly impairs market breadth and depth. Apart from the existence of a significant credit risk, the availability of the information about the entities is also a critical factor to allow a meaningful evaluation of risks. Large companies listed or major stock exchanges and owe significant amount of debts in foreign currency (e.g. USD) can enter the CDS market easily. In the case of Malaysia, the CDS market suffers a setback as most debt issuers in Malaysia are in the local currency and equities are primarily listed in Bursa. International investors are not particularly keen in trading local MYR CDS due to inadvertent foreign currency exposure. Nevertheless, Malaysia can boast of its inclusion and its locally incorporated entities into the iTraxx ex-Japan, a form of CDS Index swaps actively traded in global players (Figure 3).
Figure
3: Components of iTraxx ex-Japan

Source:
Markit. com
Furthermore, there is also a lack of information covered on this particular market in Malaysia. Disclosure of trades in CDS and other credit derivatives are rarely captured or not reported by financial institutions, which may lead investors to think that the local currency CDS market maybe non-existent at all! If a survey was taken, perhaps many investors would not even know that the first ringgit CDS was traded in June 2007, for an amount of MYR25 million and the reference entity was PLUS. Research indicates that both BNM and the Securities Commission also do not disseminate public information which details the activities of the credit derivatives markets, which also obscured the existence of this market.
Conclusion
In retrospect, Malaysia can count itself lucky not to be embroiled in the credit crunch being faced by the developed economies. Due to sub-prime meltdown, products such as CDO’s and CLO’s, which formed part of credit derivatives universe, suffered tremendously and also magnified the current financial situation. However, this does not mean that the Malaysian market should do away with credit derivatives altogether. With proper regulatory oversight, implementation of best risk management techniques and ethical considerations, Malaysian capital market can be made much more efficient and liquid with the use of credit derivatives.
References:
1. BIS Quarterly Review, June 2008
2. David Mengle, Credit Derivatives: An Overview, ISDA, May 2007
3. British Bankers’ Association, Credit Derivatives Report, 2006
4. FinanceAsia.com, Citi trades first derivatives in Malaysia, 14 June 2007
5. Smithson, Charles. Credit Portfolio Management, Hoboken, New Jersey: Wiley, 2003
Development of Credit Derivatives Market and the
Challenges in Malaysia
By Fong Chee Choong
OSK Investment Bank Bhd
The current financial turmoil has given a timely insight into the known but yet complicated credit derivatives market which is largely credited for causing some of the biggest losses ever experienced in the financial market.
The widely publicized collapse of the subprime mortgage market, which undeniably triggered the so-called “financial tsunami”, was mainly attributed to poor credit controls and irresponsible lending practices on the part of the lending agents. However, a closer look unravels the fact that the massive losses and eventual closure of some of the well-known financial institutions in the likes of Bear Sterns, Lehman Brothers and Merrill Lynch was primarily due to their involvement in the credit derivatives market in the form of CDOs (Collateralized Debt Obligations) and CLOs (Collateralized Loan Obligations). These credit derivatives instruments which involve complex bond pools, have played a key role in the unfolding of the current credit crisis.
Credit Derivatives Growth
Credit derivatives which are mainly OTC (over-the-counter) contracts, has come a long way since the first derivatives instrument was introduced and traded way back in the early 1990s. The derivatives market remains one of the largest markets in the financial world with an estimated total outstanding contracts of USD523 trillion. Over the past decade, credit derivatives have been the mainstay of derivatives growth, accounting for approximately USD54 trillion of the total derivatives market, according to the latest figure reported by BIS (Bank of International Settlement) as of September 2008.
This extraordinary growth speaks wonder of the changing landscape in today’s financial instruments. Market participants are more sophisticated and ever willing to assume a higher risk-return profile through complicated leveraging credit structures. The globalization of the financial market also spurned further demand for credit derivatives instruments of such nature which are easily accessible from basic products like CDSs (Credit Default Swaps) and CLNs (Credit Linked Notes) to more complicated ones such as CDOs and CLOs, allowing market participants to assume credit exposures otherwise unavailable in the cash market. Alongside this, credit derivatives has evolved into speculative trading rather than used solely for commercial hedging or as investment instruments, where the value of contracts outstanding far outstrip the underlying assets many times over.
Challenges in the Credit
Derivatives Market
The growth of credit derivatives is not without its fair share of challenges and obstacles. There are many wide-ranging issues concerning the interaction between credit derivatives and the cash market especially at times of a credit crisis. Over a short span of time, many market participants have invested or hedged their exposure via the use of credit derivatives. Accordingly, there has been a significant change and diversification of market participation beyond the traditional commercial and investment banks which now includes large insurance companies, hedge funds and government agencies. In times of financial distress, the multi-layered credit derivatives structures may provide an incredibly huge task in seeking covenant waivers from the debt holders and in identifying the relevant investor base. The more diverse the investor base, the more likely would there be differing or conflicting views on any proposed re-structuring of the underlying debt.
The other challenges relate to the standardization of legal documentation and the uncertainties in the operational aspects of credit derivatives, particularly in the occurrence of a credit event. To this end, ISDA (The International Swap and Derivatives Association) has issued standard credit definitions as well as settlement and novation protocols as guiding principles which have proven to be immensely useful in the development of credit derivatives, although the industry has yet to reach its desired state of operational standardization and efficiency. The outstanding issue of numerous confirmation backlogs and unauthorized assignments of contracts may jeopardize the legal comfort currently provided in these documentation standards. As noted, it still remains an enormous challenge for industry players and regulators to sort out the operational aspect of the post-trade settlement process and the legal implications of a default in respect to credit derivatives instruments.
Credit Derivatives in the
Malaysia Context
In Malaysia, derivatives in general, have not flourished as much when compared to its development globally in terms of market size and usage. Popular structures are more commonly derived from the interest rate, foreign exchange and equity markets used for hedging of an underlying exposure or as an alternative investment strategy. Credit derivatives, thus far, has been mostly limited to interbank players where an initial party would sell protection on a single or multiple entities to earn an upfront premium or a series of credit spreads payment. On another note, there have been a few noteworthy credit structures where banks would bunch a specific number of consumer loans to be sold as CLOs to interested investors.
As with any other developing markets, the slow growth of credit derivatives in Malaysia is essentially due to the lack of knowledge and understanding of the intricate mechanics of these instruments not only on the part of users but regulators alike. Moreover, previously encountered huge losses like the infamous Barings Bank and many others exposed the unusually high leveraging risks posed by derivatives instruments further caused many to shy away. Warren Buffet’s description of derivatives as “the financial weapon of mass destruction” also did its fair share of damage in the efforts to promote credit derivatives products. Albeit the ongoing struggle by the regulators to localized the standard credit documentation and protocols as defined by ISDA, the legal re-course remains unclear in a largely untested market environment.
The other real challenge lies with the weak and deficient risk management controls and infrastructure set-up. Few organizations possess the necessary resources and tools to measure and monitor the risk exposures inherent in these instruments. Although internal risk management systems may have improved substantially over the last few years, most organizations still face considerable challenges in aggregating and capturing concentrations in exposures to credit and other risks on an integrated scale generated across their diverse array of activities. It is also an unresolved matter with regards to the implication of structured credit instruments on efficient capital allocation within the financial institutions. This coupled with a high system operational cost has further undermined the development of the credit derivatives market.
The surge in demand for innovative and easy to understand credit derivatives structures has not helped in the liquidity aspect, where if it exist at all, is definitely scarce and costly. The shortage of market-makers corresponding to the low risk appetite and highly restrictive trading limits self-imposed by many financial institutions is ultimately the key reason contributing to the low market trade volume. In this respect, it is also acknowledged that not all types of credit derivatives structures can be dissected and hedged out perfectly. Hence, significant amount of risks may need to be warehouse internally. Regulators on the other hand have not made it easy, constantly imposing tough governing rules and guidelines, perceived as hindering market efforts to promote an active and liquid derivatives market.
What is needed to drive the
Credit Derivatives Market
In retrospect and taking cue from the global market experiences, there are generally three critical areas of focus to improve and drive the development of credit derivatives market in Malaysia, namely, (1) improving market liquidity (2) enhancing risk management capabilities and (3) strengthening operational and documentation processes. The creation and availability of a large pool of expertise as well as an improvement in the sophistication level of the risk management process would inadvertently improve market liquidity as more market participants would join in the fray.
Financial institutions would also need to consistently display the ability and discipline to perform stress testing and scenario analysis in order to capture potential losses in adverse market conditions. In addition to this, the rules for disclosure of information need to be updated to suit modern day financial instruments aimed at promoting better market transparency which would help restore the trust within the fragile financial market.
Continuous initiatives by regulators are also extremely crucial, especially in efforts to strengthen the legal framework within which the standard credit derivatives contracts normally operate. The industry in general remains vulnerable to the legal enforceability of close-out netting and collateral arrangements in reducing counterparty risk. The need for a high degree of legal certainty regarding the validity and enforceability of such arrangements has long been reflected in the regulatory capital requirements under the Basel Capital Accords.
In Conclusion
The rapid development in credit derivatives and the growth of this market segment is an important feature of today’s global finance. Most notably, the credit derivatives market segment has probably been one of the most innovative and fastest-growing in recent years. However, the same cannot be said about the state of credit derivatives in Malaysia in terms of market size and level of sophistication.
Unquestionably, concerted efforts are required to actively develop and promote credit derivatives if Malaysia is to make any meaningful breakthrough in this market. Then again, financial stability and market confidence have to be first re-established as the credit crisis has sent a strong wave of risk aversion and inflicted unimaginable damage to the financial system with no end in sight to the current cycle of grief.
[1] Malaysia
Industrial Development Authority is the government’s principal-agency which was
established to promote foreign and local investments in the manufacturing and
services sectors. Website http://www.mida.gov.my
[2] The Institute of Bank-Bank Malaysia (IBBM) established in November 1977 as the professional and educational body for the banking and the financial services industry in Malaysia, Institute Bank-Bank Malaysia (IBBM) is the leader in providing industry-focused training programmes and certifications. Website http://www.ibbm.org.my
[3] The Bank Negara Malaysia (BNM). website http://www.bnm.gov.my. The increased uncertainty and volatility in the international financial markets led to higher volatility in the domestic financial market.
[4]
The Financial Mediation Bureau is an independent body
set up to help settle disputes between consumer and financial services providers who are its
members. Website http://www.fmb.org.my
[5] Source from Institute of Islamic Banking & Insurance (IIBI). http://www.islamic-banking.com
[6] Source from
Islamic Financial Services Board (IFSB). http://www.ifsb.org
[7] Of this US$ 1.5 trillion of funds, US$ 250 billion
constitutes of High Net-Worth (HNW) individuals.
[8] There are
six GCC countries include Saudi Arabia, Kuwait, Qatar, United Arab Emirates
(U.A.E.), Bahrain and Oman.
[9]
It is
crucial that this huge amount of fund is channeled towards productive use such
as GCC infrastructure or economic sectors and other emerging economies.
[10] The International Financial Services Board (IFSB)
provides minimum guidance for
effective regulation and supervision with prudential standards for Islamic
financial industry to be followed across the globe.
[11] The General Council for Islamic Banks and Financial Institutions (CIBAFI). http://www.cibafi.org
[12] The Accounting and Auditing Organisation
for Islamic Financial Institutions (AAOIFI) is responsible for developing
accounting, auditing, ethics, governance and Shariah standards for the
international Islamic finance industry. http://www.aaoifi.com
[13] International Swaps and Derivatives Association, Inc (ISDA) http://www.isda.org; and International Islamic Financial Market (IIFM). http://www.iifm.net
[14] ACI - The
Financial Markets Association, was founded in France in 1955 following an
agreement between foreign exchange dealers in Paris and London. http://www.aciforex.com
[15] Islamic Equity Financing i.e. Musharakah is joint venture profit sharing, mudharabah is trustee profit sharing. Islamic Debt Financing i.e. ijarah is leasing, bai’ bithaman ajil is deferred payment sale, bai’ murabahain is deferred lump-sum sale, bai’ salam is salam sale, bai’ istisna is sale on order and qard hassan is benevolent loan.
[16] The International Centre for Education in Islamic
Finance (INCEIF) provides in Islamic finance, to develop talents including
professionals and specialists who are much needed to sustain market
competitiveness and to meet future challenges in the Islamic financial industry
and offers Chartered Islamic Finance Professional qualification (CIFP) with
students from over 40 countries. http://www.inceif.org
The Islamic Research and Training Institute (IRTI) established by the Islamic Development Bank (IDB) in 1401H (1081) promotes research conforming to Shariah for enabling the economic, financial and banking activities in Muslim countries and to extend training facilities to personnel. http://www.iiibf.org
The International Shariah Research Academy (ISRA) to conduct Shariah research on the contemporary Islamic finance issues which promotes active engagement and dialogue among global Shariah scholars into convergence of views from different jurisdictions.
[19] The Islamic Financial Services Board reference to IFSB ED3 “Guiding Principles on Corporate Governance”.
[20] The Employees Provident Funds website. http://www.kwsp.gov.my
[21] For a thorough discussion of the value chain concept, see Botkin, James W., and Jana B. Matthews, Winning Combinations: The Coming Wave of Entrepreneurial Partnerships between Large and Small Companies, John Wiley & Sons, Inc. New York, 1992.
[22] Vandell, Kerry E., “Improving Secondary Market in Rural America,” December 1996,pp.14-18.
[23] While the value chain concept discussed by Botkin and Matthews focuses mainly upon entrepreneurial partnerships, the lessons they present bear directly on the chain of transactions inherent in a secondary market.
The McKinsey Quarterly conducted the survey in January 2007 and received responses from 322 executives: 85 from the United States, 145 from Europe, and 92 from the rest of the world. Of the respondents, 112 held C-level positions.