EMERGENCY: AUCTION FOR UBS CASH EQUIVALENT SECURITIES FAILS; RATE FALLS TO CONTINGENCY LEVEL DEFINED BY CONTRACT; ILLIQUID SITUATION; INVESTORS CAN’T CLOSE POSITIONS

March 30th, 2008

The crooks wait for the weekend to let the really hairy cats out of the bag. The victims, in this case, are the top tier, wealthiest clients.

Via: Bloomberg:

UBS AG has cut the value of the auction-rate securities its customers have in their accounts by about 5 percent following more than a month of market upheaval.

“This is the right thing to do,” said Michelle Creeden, a UBS spokeswoman, in a prepared statement. “It is in the best interest of our clients to provide them full transparency regarding their account. Given current market dislocations, this is the next logical step for any committed wealth manager.”

UBS will inform clients of the reduced value of their holdings via their online statements, Briefing.com said, citing a Dow Jones report. UBS customers had maintained full value without any discount that could reflect bondholders’ inability to sell their holdings.

UBS’s action comes after auction-rate bond failures rose to about 71 percent this week, up from about 69 percent last week, according to data compiled by Bloomberg. The $330 billion auction-rate securities market originally attracted borrowers by offering financing for 20 years or more at variable costs determined through periodic bidding.

Auction-rate bonds have interest rates determined through bidding run by dealers every seven, 28 or 35 days. When there aren’t enough buyers, the auction fails and rates are set at a predetermined level set in documents when the bonds were issued.

The fact that they aren’t worth par or may not be worth par is not going to be acceptable to any owners of these securities,” said Gary Miller, a partner at the Houston law firm of Boyar and Miller. “It’s certainly not acceptable to me.”

Couldn’t Cash Out

Miller invested $750,000 from the sale of his house in auction-rate securities with UBS last December. After signing a contract on a new home, Miller said he called his broker to cash out of the securities and was told he couldn’t. When he bought the debt, Miller said he asked his broker whether there had ever been an unsuccessful auction.

“The answer was, `No, there’s never been a failure in the auctions,”’ Miller said. He has sold $300,000 of his holdings. He still owns $450,000 of auction-rate preferred securities and municipal bonds.

More: CNN: UBS to Mark Down “Unsellable” Auction-Rate Securities

UBS AG said Friday it is cutting the value of auction-rate securities in its brokerage customers’ accounts, the first confirmation that problems with the securities have eroded the principal holdings of investors.

Until now, customers who were unable to sell securities in regularly scheduled auctions were told that the securities retained full value and would receive higher interest rates.

UBS, however, using an internal model to value the securities, will mark them down Friday and inform clients via their online statements. The markdowns will range from a few percentage points to more than 20.

“This is the right thing to do,” said Martin Hoekstra, head of wealth management at UBS. “It doesn’t make sense to delay the pain. As a principal, we think we should tell clients what their securities are worth, and if it’s an illiquid market, estimate what they are worth.”

The losses won’t be realized immediately, as investors can’t sell the securities for lack of a market. But the unilateral move is sure to roil relations between brokers and their clients, who generally believed they were buying investments that were a safe alternative to cash offering a slightly higher yield.

UBS wouldn’t disclose the total value of auction-rate securities held by its clients, but Hoekstra said it was “a reasonable amount” concentrated among wealthier clients. The banks U.S. wealth management unit oversaw about $920 billion in client assets at the end of 2007.

The brokerage industry has used auction-rate securities as cash alternatives for nearly two decades. More than $300 billion of the securities are held by investors ranging from mutual funds and corporations to wealthy individual investors, according to Moody’s Investors Service. The securities are long-term bonds sold by issuers such as municipalities, arts organizations, universities and closed-end mutual funds like Nuveen Investments and BlackRock with interest rates reset in auctions held every 7 to 35 days.

The auctions are failing, because banks such as UBS, Goldman Sachs Group, Merrill Lynch, Citigroup Inc. and Wachovia Corp. that often conduct more than 100 auctions a day have balked at buying the securities when there aren’t enough bidders.

The banks fear putting the assets on their own debt-laden books, and other investors are shying away out of fear they will be stuck with unsellable securities.

More: UBS Gives Haircuts

In its advertising, UBS tells clients “it’s you and us,” but on Friday it told investors “you’re on your own.”

The Swiss bank told clients it was reducing the value of auction-rate securities in their accounts, by an average amount of 5%. It also refused to buy the bonds back from investors who bought the securities, thinking they were getting an easy-to-sell, higher-yielding alternative to money market funds but instead found themselves stuck with illiquid securities and capital losses, courtesy of the global credit crunch that began in the U.S. subprime mortgage market.

“This is the right thing to do,” said a UBS (nyse: UBS – news – people ) spokeswoman. “This is in the best interest in our clients regarding our accounts. Given the current market dislocation this the next logical step for any committed wealth manager.”

Auction-rate securities are long-term bonds issued by local governments, agencies, or corporations but sold in periodic auctions, say every 7 to 28 days, to set the interest rate. Firms that handle the auctions, like UBS and most of the big Wall Street concerns, used to step in an buy in the auctions if there weren’t enough bidders.

But that all went by the wayside in January and February as investors fled the bond markets. Auctions failed after no buyers showed up and the banks refused to step in as they had previously done. That meant the auctions failed, leaving brokerage customers holding the bag and issuers paying much higher penalty interest rates. The Port Authority of New York and New Jersey, for example, saw its rate skyrocket to 20% from 4% when its auction failed in February.

As a consequence of paying soaring penalty rates, many issuers are converting their auction rate bonds to fixed-rate bonds, putting more pressure on the remaining auction-rate securities that still haven’t started selling again. The bonds cost more than the issuers were paying on the auction-rate securities but yield far less than the penalty rates.

The banks backed off supporting the auctions because they didn’t want to risk taking more illiquid assets on their books after collectively writing off more than $100 billion in mortgage and credit derivatives. UBS has been among the hardest hit of the banks, already writing down $17 billion worth of credit holdings and facing another $11 billion in write-downs in the first quarter, according to analysts at Oppenheimer.

Its problems don’t stop there. Massachusetts securities regulators subpoenaed UBS, Merrill Lynch and Bank of America about their sale of auction -ate securities to customers, particularly bonds sold in closed-end mutual funds. The state is looking at what the banks disclosed about the possible risks of the securities.

“We received calls from a young saver whose house down payment is now frozen; two siblings whose family trust is now frozen; and small business owners who find their business interrupted because money they thought was liquid is tied up in these frozen securities,” said William Galvin, the Massachusetts secretary of the commonwealth, in a statement.

UBS wouldn’t say how much its brokerage customers own in auction rate securities, but the market is about $330 billion. The timing of UBS’s decision is perhaps telling. American investors are facing tax time, when many will need access to cash to pay Uncle Sam.

The Swiss banking giant previously told customers who were unable to sell the securities in scheduled auctions that the bonds would retain their full value and receive enhanced interest rates, according to TradeTheNews.com.

After falling 2.4% in Switzerland, to 28.98 Swiss francs, before the announcement, UBS American depositary receipts slid further in New York, dropping to $27.80, a loss of $1.33, or 4.6%, on the day. Less than a year ago, the stock had been above $66.

Investors who feel betrayed are likely to sue, adding to the pressures on UBS from the global liquidity crisis that began in the U.S. subprime mortgage market. UBS was the first major global bank to be hit by a lawsuit over losses related to the subprime crisis.

Posted in Economy | Top Of Page

5 Responses to “EMERGENCY: AUCTION FOR UBS CASH EQUIVALENT SECURITIES FAILS; RATE FALLS TO CONTINGENCY LEVEL DEFINED BY CONTRACT; ILLIQUID SITUATION; INVESTORS CAN’T CLOSE POSITIONS”

  1. mrfabulous007 says:

    Two questions:

    1. What, if any, indicators were there prior to this announcement?

    2. Who’s next?

  2. homeydc says:

    OWWWEEEEEATCHEEE!!1! That’s gotta hurt.

    and subprimes are the tip of the iceberg. Anyone wanna start a pool on how many Alt-A’s (and really reckless A’s:o) get porked too?

    :o)

    Jack-Booted EULA

  3. thucydides says:

    boooooooooooom.

    Another big artillery hit, that is. It may even take until Monday afternoon or Tuesday for this to rattle the markets and bring the china plates crashing down off the shelves.

    In the imagining-worst-case-scenarios bucket, who’s gonna auction off UBS to the lowest bidder, a la Bear Stearns and JP Morgan Chase? I’m not sure that’s terribly likely, but rumors and mistrust have more power than facts and nominal asset values in this market, so who knows?

  4. Eileen says:

    Notice that it is the STATE, not the FED going after UBS. Just what they went after Spitzer for. Intervening as a state agent in uh, well, who knows if this is fed jurisdiction activity, or this is just going to be another shoot out in Dodge City. The law that hasn’t been written on this might catch on this behavior someday.
    “Massachusetts securities regulators subpoenaed UBS, Merrill Lynch and Bank of America…. The state is looking at what the banks disclosed about the possible risks of the securities.” Whatz up with BOC? Looking to acquire Countrywide, purchasing shares in (I can’t remember..don’t mean to go into a spin re BOC.. something to put on my to do list, heh, investigate BOC drowning and thrashing in the water and what they do before they go under (THAT WILL BE INTERESTING TO WATCH).
    Secondly, I SURE HOPE THESE CUSTOMERS HAVE DOCUMENTATION. In any case, the following representation from the article is FRAUD:
    “The Swiss banking giant previously told customers who were unable to sell the securities in scheduled auctions that the bonds would retain their full value and receive enhanced interest rates, according to TradeTheNews.com.”
    Sure, and all boats float.
    I finally sold my Mom’s account in a high income bond fund, and in doing so was told to reconsider. The DIVIDEND IS GOING UP! It did, 3 months later, but meanwhile the fund itself was taking unrealized losses on our account two months in a row. I, in my quiet way said no, I want to sell.
    So yeah sure. The dividend was going up, but if a person didn’t sell, their original investment lost money by the wheelbarrow full.The fund ended this last year in the RED!!!
    I dunno about the rest of you, but reading Cryptogon has been like a bucket of ice water on my face. Saved me from putting my head in the sand. Saved my Mom’s hard work of lifetime savings. Kevin makes me think about this stuff, goddammit. And though I’m really grateful Kevin that you make me think, sometimes I hate to. But Thank you anyways :-).
    Now I just have to figure out what the deuce is going to happen to money market accounts and make a move before they dive too.

  5. Eileen says:

    And Bank of America (I have to add), is the largest holder of credit card debt.
    Might be time to cash in on all of your frequent flier miles (reminder to self- although I’m homebound).
    This could potentially be the FIRST credit card company to go under, and hence, to go out of my wallet.
    Lots could be stuck if the BOC credit card goes KAPUT!
    Not to mention dear friend who works for BOC who felt like I threw a bucket of ice water on his face talking about the economy in our yearly talk. Normally a sunny discussion, my friend who works for BOC, said, I’m going to have to think about all you’ve said.
    Talking to and educating friends who are smarter than I am in some regards (or at least I’ve always thought everyone is smarter than me) is a strange situation for me. To be correct about something for once in my life, but not be able to celebrate it, because it means DOOM and DESTRUCTION for so many is not something that makes me feel good right now. I want to start riding my bike 22 miles per day like I used to, start doing something, maybe screaming into a pillow again, I dunno. I’m going farking nuts.

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