(Bausparen) regulation

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Contract Savings for Housing

(Bausparen)

- Basic Design and Regulations -

IFC & Russian Banking Association Workshop

March 12, 2008

Moscow

HansJoachim Dübel

Finpolconsult .de

, Berlin

1

List of Contents

 Types of CSH contracts and risk profile; access to loans; pricing conditions; differences to mortgage banking;

 Liquidity (demand) management of CSH portfolios;

 Interest rate/solvency management of CSH managing institutions;

 Credit risk management of CSH managing institutions;

 Institutional models (Public fund, Housing Bank,

Bausparkasse, Building Society, Universal bank);

 Financial regulations of CSH managing institutions

(special bank act, special product regulations, etc..).

2

Function of CSH in the Russian Mortgage

Funding Structure (per eo 2007)

3

1. Types and Risk Profiles of CSH (Bauspar)

Contracts

4

Some History of Bausparkassen and Building

Societies in Europe and the U.S.

Saving against a loan promise in a collective capital pool is one of the oldest financial institution designs.

Historically, mortgage finance in many countries competed fiercely with public sector and corporate finance - and often had to rely on collective systems.

5

Two Types of CSH Systems

Closed System Open System

Rule: Inflows = Outflows

 No capital market funds needed

 Pricing can be fixed

 Loans are small (S ~ L)

Outflows > Inflows possible

 Capital market funds needed to fill gap

 Pricing cannot be fixed

 Loans can be large (S > L)

6

Comparison Germany (closed) and France

(open)

Also, semi-open systems exist with fixed real interest rates over saving and loan outstandings adjusted with inflation indices (e.g. Slovenia)

In the end, only closed or semi-open systems bring sufficient additional value as they are able to create fixed-rate loans largely independent from capital markets circumstances.

7

Closed System – Fixed-Rates and Waiting

Phases

 The CSH institution decides about an allottment, if there is enough capital.

 Since new savings are stochastic, waiting phases may arise. They must not be excluded in German law.

 “Good brothers” (savers-only), reserves and strict assetliability management rules help to minimize risk of waiting periods.

8

Function of CSH in the Russian Mortgage

Funding Structure (per eo 2007)

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2. Liquidity and Interest Rate Risk

Management

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Contract Valuation Principles

 There are 3 elements of value in a CSH contract for consumers:

 Savings product: but usually below market, except subsidies

 Interest rate option: fixed-rate long-term loan promise in the future, with interest rate being locked in today

 Credit risk option: CSH interest rate does not change during savings phase, but the creditworthiness of the borrower may

– or may be low to start with and savings signal his ability to service a loan.

These values change with market conditions  demand for

CSH contracts changes with market conditions.

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Value of the Interest Rate Option

When is closing a CSH contract of greatest value?

When interest rates are currently low and expected to increase in the future.

When the volatility of interest rates is high

AND VICE VERSA !!

Interest rate options may have considerable value, e.g. in 4-5 years from now 30-50 bp.

The interest rate option ALONE should suffice to encourage a consumer to save below market.

12

CSH contract demand in Germany and Capital

Market Rates

In the past 20 years close inverse correlation with interest rates.

Distortions in the high inflation phase

(1980s crisis due to long waiting periods).

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Allocation of Loans must Follow Strict Rules,

Even if Interest Rates Do Not Change !

 Liquidity in the collective is a function of four factors:

 the minimum amount of savings required for loan eligibility,

 the length of the minimum savings period relative to the loan term,

 the loan-to-savings multiplier,

 the number of ‘good brothers’ (savers who do not take loans) relative to the totality of the saver collective.

 Loan demand must be proportional to contribution; key contract steering variables are the individual and collective ‘Saver-Fund Effort Ratio’ – basically the ratio of accumulated savings to the financing demand.

14

Result of Rational Contract Design:

Stable Liquidity Profile

Loan-to-savings multiplier of 1-1.2

Initial liquidity surplus, invested in reserves to fill subsequent liquidity gap as loans start to get disbursed

Reaches steady state where

Savings inflows + principal repaymt =

Loans outflows.

15

High-Multiplier Contract Design ends in a Snowball Game

Loan-to-savings multiplier of 7

(Case: Iran)

Initial liquidity sur-plus, as before, yet cannot fill large sub-sequent liquidity gap

Does not reach

“Steady-State”, I.e.

Savings << Loans

Only solution:

“open” funding model, market interest rates

16

Central Risk Management Indicators:

Saver-Fund Effort Ratios

German Bausparkassenverordnung

 CSFER must always exceed 1 - by law, for EACH scheme/contract type.

 ISFER must always exceed 0.5, for NEW schemes always exceed 0.7.

 Minimum allottment number (Mindestbewertungszahl) to control

ISFER for different types of contracts.

17

Stable and Unstable Contract Types –

Captured by Effort Ratio Formulae

 Contract 1: “Stable”

 Savings period = 5 years

 Loan multiplier = 1.2

 Waiting period

 65% loan takers

 Contract 2: “Unstable”

 Savings period = 3.5 years

 Loan multiplier = 7

 Waiting period = none

 25% Loan takers

 High individual and collective Saver-Fund Effort

Ratio, although many loan takers.

 Low individual Saver-Fund

Effort Ratio, low collective ratio even although few loan takers.

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Effort ratios compared: Bausparkasse,

Building Society (open system), Iranian lender

0.80

0.70

0.60

0.50

German Bausparkasse

0.40

0.30

U.K. Building Society

U.S. Savings &

Loan

0.20

0.10

0.00

1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381

Years closed

FUNDING open

Bank Maskan

Effort Ratio

..considering waiting period

Individual Saver-Fund

Effort Ratios

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Technical Reserves Must be Held for Liquidity

Management, to Minimize Waiting Period

Germany: ‘bauspartechnischer Sicherungsfonds’, introduced in

1990 (Bauspar crisis in the 1980s, long, volatile waiting periods triggering demand decline)

Specification of reserve fund (up to 3% of CSH deposits) to cover fluctuations in fund flows – reserves increase if savings>loans.

Sponsored by interest revenues on non-allotted amounts

(Schwankungsreserve), from the excess of such revenues over comparable CSH revenues.

Fund use (‘can’, ‘must’) triggered by indicators – effort to stabilize ISFER when liquidity situation changes.

Note: the higher interest rate (contract demand) volatility, the higher must be technical reserves

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3. Credit Risk Management

21

CSH Loans in Germany usually ‘Senior-Sub’

= 100 % of the purchase price

20% Downpayment

10-20% Bauspar funds

(SUBORDINATED)

60-70% Mortgage (SENIOR)

Legally possible in Russia ! (not CZ)

Reason: Bauspar loans are small, compared e.g. to new construction costs

In Austria, Bauspar frequently first rank.

22

Credit Risk Management Issues

Typical regulations:

 LTV of loan part (contract value = loan + accumulated savings) not exceeding

80%, i.e. CSH funding goes from, say 70% - 90%.

 Share of non-collateralized lending is usually limited by law (e.g. Loans <

E20K).

 CSH institution has the right to refuse borrowers.

Risk-mitigating factors

Loan is below market rate.

Interest rates are fixed over whole lifetime of contract, also no Basel II pricing.

Consumer has signalled affordability through pre-savings.

Risk-increasing factors

Rudimentary underwriting process.

CSH frequently subordinated – senior-sub structure.

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CSH and Credit Risk Pricing, Competition

Case: senior-sub lending

Bank (and Bausparkasse) capital requirements tend to create gap between economic and regulatory costs of capital.

Bausparkasse prices at the margin (i.e. 6% for 70-80% LTV), banks on average (i.e. 5.5% for 0-

80% LTV, but 5% for 0-70% LTV)

– which option is cheaper?

Competition with mortgage insurance, agency lending creates regulatory, policy finetuning problem.

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4. Regulation

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Examples of CSH regulations

Special bank: Germany, Austria, Czech Republic, Hungary. Idea is to fully separate collective fund and liquidity risk management.

Universal bank: France, Maghreb countries. Open systems = low liquidity risk. Usually licensing.

Special funds: Latin America and Asia, frequently as monopolistic public provident funds collecting wage taxes (often lottery effects).

Housing banks (special regulation): Iran.

Unregulated:

 joint venture between the German Bausparkasse Schwaebisch Hall, a special bank in Germany, and Construction and Credit Bank of China, in Tienjin/China. China practices mandatory CSH in public funds in parallel.

Also, the Indian scheme set up by Birla homes so far is unregulated. Both schemes are very conservative and managed by experienced German lenders.

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Are Special Banks Needed Economically?

Option Character Advantage Disadvantage

Universal bank Open funding

Universal bank license

Building society

Specialized

CSH institution

Open funding

Special bank license

Closed funding

Special bank license

All housing loan products

Flexible funding options

(subsidy independent)

No minimum scale requirement

No additional regulatory/ supervisory costs

Efficient originator

All housing loan products

Special product focus

Special target group focus

Flexible funding options

(subsidy independent)

Efficient servicer and originator

Applicable in high inflation context

Special savings mobilization focus

Special housing lending focus

No special product focus

No special target group focus

Inefficient servicer

Speciality requires minimum scale

Special regulatory/ supervisory costs

Small loan sizes only

Inflexible funding

(subsidy dependent)

Speciality requires minimum scale

High special regulatory/ supervisory costs

Inefficient originator and servicer

Applicable situation

Small market

Low inflation

Mid-sized market

Low inflation

Large market

All inflation scenarios

Generally, open systems more suitable for universal banks (France).

Closed systems are run by universal banks (Slovenia).

Closed systems need firewalls, licensing due to high risks.

Fund mixing not an option for closed systems.

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Austrian Bausparkassen are quasi-Building

Societies

1998: market rates dropped below Bauspar rates

 prepayments.

Product converted from fixedrate to floating-rate with caps

(i.e. semi-open system)

Balance sheet opened to allow

Bausparkassen to offer mortgage loans, issue bonds/MBS.

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Special Product Regulation – Fund

Managed on Universal Bank Balance Sheet

CSH Manager Balance Sheet

Assets Liabilities Presupposes segregability of assets from bank balance sheet

(super-seniority).

CSH Loans

Bridge Loans

CSH Liquid Investments

CSH

FUND

CSH Deposits

CSH Technical Reserves

CSH Profit Account

Comparable to covered bonds/Pfandbriefe

(special insolvency privilege).

Other Liquid Investments

Other Investments

Other Lending

Fixed Assets

OTHER

ASSETS

Alternative is US trust.

Deposits

Bonds

Other Reserves

Capital

Fund supervised by trustee or auditor.

Bridge loan = advance/interim loan.

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In this Case: Cash Flow Rules

CSH Manager Cash Flows

Cash Inflow Cash Outflow

CSH New Deposits

CSH Loan Amortization

Bridge Loan Amortization

CSH Deposit Interest

Liquid Investment Principal

Liquid Investment Interest

CSH Loan Interest

Bridge Loan Interest

CSH Fee Revenues

Investment Management Fee

Non-CSH Cash Inflow

CSH

FUND

CSH

MANAGER

CSH Deposit Withdrawals

CSH Loan Disbursements

CSH Technical Reserves (net)

New Liquid Investments

Investment Management Fee

CSH Profit Share

CSH Deposit Interest

Credit Risk Provisions

Distribution Costs

Servicing Costs

Non-CSH Cash Outflow

To avoid excess profits as in CZ/SLK:

CSH fund pays manager an investment fee and a profit share.

In exchange receives an interest in non-CSH investments.

Under special bank, profits are entirely internalized with the fund manager.

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If Profits can be Fully Internalized by

Special Bank..

Czech Republic:

Bausparkassen mainly give interim/advance loans at market rates.

Options: special reserve funds, profit allocation rules.

31

Basic Contents of a Law I

 General Regulations

 Core and admissible range of operations

 General contract conditions and consumer information

 Relation between CSH Fund and Fund Manager

 Special purpose character of the CSH Fund

 Firewalls between CSH and other operations of the manager

 CSH depositors are secured and enjoy bankruptcy preference

 Investment in CSH loans

 Investment in interim/advance loans and other loans

 Other investment rules

 Profit allocation rules

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Basic Content of a Law II

 Risk Management Regulations

 Suitability of the Fund manager

 Collateralization and other sureties

 Underwriting standards

 Valuation standards

 Individual Saver-Fund Effort Ratio (ISFER)

 Collective Saver-Fund Effort Ratio (CSFER)

 Protection of the real value of CSH deposits

 Mandatory technical reserve fund for CSH specific liquidity risks

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Basic Content of a Law III

 Supervision

 Rights of supervisors

 Trusteeship and relation to supervision

 Reporting and auditing standards

 Approval of new tariffs or product-lines

 Approval of loan transfer

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Russian Law Proposal Compared

Standard special bank law

Problematic issues:

Collateralization requirement for loans: Russia ‘can’, German ‘must’.

Lower Bauspar-technical reserves - 1.5% vs. 3% in Germany, Russia ideally

~5%. Note: initial excess profits should be reserved.

Investment in Russian (corporate) covered bonds?

80% interim/advance loan limit too high (CZ/SLK experience)

German law: max 75% (used to be 8*capital), short-term loans (<=4 years)

If special bank is created, profit allocation rules should be improved. E.g.

German insurance: 90% of excess profit to be allocated to the collective.

Special (group) deposit insurance system? No private whistleblower function at the moment.

No risk management ordinance (Bausparkassenverordnung).

No finetuning of regulatory issues – re mortgage insurance, covered bonds.

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Some Consumer Protection Issues in CSH

 With fixed spreads (Russia proposed 3%), CSH institutions make their profits to a large degree on fees.

 Fees are anticipated to the savings phase to avoid their inclusion into the loan effective interest rate (annual percentage rate of charge, APRC).

 Loan effective interest rates are distorted since they do not account for savings below market rates.

 APRC concept should require full discounting of all savings and loan payments, i.e. Include both savings and loan phase.

 Counterargument of insecurity about a possible waiting period is irrelevant in practice.

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END

Hans-Joachim (Achim) Dübel

Finpolconsult .de

aduebel@finpolconsult.de

www.finpolconsult.de

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