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September 29, 2008

Demutualised Bradford & Bingley to be nationalised

Bloomberg reports that UK bank Bradford & Bingley plc is to be nationalised.

Bradford & Bingley is a former building society which demutualised.

Here’s part of a note I published in 2007 on the demutualisation of financial institutions in the UK:

"The UK Parliament’s All-Party Parliamentary Group for Building Societies and Financial Mutuals published a report in December 2004 which considered whether regulation lead to demutualisation.

It decided that the drive for new capital was the prime factor in demutualisation and not regulation.

The Group published a further report in March 2006 entitled Windfalls or Shortfalls? The true cost of Demutualisation following an Inquiry.

The Terms of Reference for the Inquiry were:
• Are former mutuals better than remaining mutuals at providing financial services?
• Is there any evidence to suggest that demutualisation has improved the performance of former societies?
• What effect has demutualisation had on the remaining mutual sector?
• How has demutualisation affected consumer choice?
• Have consumers benefited from demutualisation?
• Did the level of windfalls reflect the economic value of members’ interests?

The Inquiry concluded that, amongst other things :

  • mutuals, both in the building society and life assurance sectors, performed better than their plc rivals in a variety of financial performance indicators. It was also shown that they pass these cost advantages onto consumers in terms of better rates. This was clearly backed up by any study of ‘best buy’ tables.
  • the strategic direction chosen by an institution’s board, particularly one pursuing corporate growth, may push it towards the plc model. This is especially so in the life sector, where some mutuals have sought extra capital.
  • There was a widespread view amongst those giving evidence to the Inquiry that members in previous demutualisations lacked a full understanding of what they were voting for. A combination of the media’s focus on ‘free’ windfalls, strong campaigning for acceptance by directors of the converting institutions, and the noisy urgings of the “carpetbaggers” led to one-sided debates.
  • The Inquiry heard evidence that the impact of subsequent higher charges had, over time, outweighed the benefits of the pay-outs for many members. Others meanwhile, gained pay-outs which were disproportionately large given the level of their interests.

The report also refers to the first case of ‘re-mutualisation’ in 2005 – where former building society Bristol & West’s savings business and branch network were bought by the Britannia Building Society."

It appears that Bradford & Bingley’s exposure to sub-prime mortgages has resulted in its end.

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Posted 29th September 2008 by David Jacobson in Mutuals

September 26, 2008

Irish deposit protection guarantee sets the lead

Irishtimes.com reports that the Irish government has announced it will guarantee the security of the first €100,000 of savings in any particular institution – including money in current accounts.

The decision extends State protection to the savings of the two million people who are members of 420 credit unions around Ireland.

Until now, the credit unions have been entirely outside the Irish deposit protection scheme.

The State’s previous commitment  guaranteed 90 per cent of people’s deposits in any one institution up to a maximum payout of €20,000.

The Australian government is considering a financial claims scheme will allow customers in all ADI’s (banks, building societies and credit unions) and insurers to quickly recover money in deposit accounts. Customers will be able to recover monies up to a specified cap (up to a limit per  person of $20,000), with the remainder likely to be recovered when the ADI is liquidated.   

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Posted 26th September 2008 by David Jacobson in Credit unions

September 24, 2008

How popular is online banking?

We know from client enquiries that more financial service providers are looking at online services. But how many customers are actually using them?

In this post Charis Palmer from Online Banking Review comments on a CCi Digital Futures Report (pdf) which shows that two thirds of users bank online and the majority of those that do are frequent users. Almost four in ten users are banking online weekly (38.7%) while 15.4% are daily users.

In Charis’ post there is a video of her interview on Sky Business Channel which summarises the position well. She also links to a story on Banking 2.0.

But there are compliance issues as previously discussed.

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Posted 24th September 2008 by David Jacobson in Web/Tech

September 23, 2008

Next Langes compliance meeting

The next Langes compliance meeting on 7 October in Sydney will discuss the following:

1. APS 330: Final check before 25 November 2008.

2. First Home Saver Update: Tier 2 Training and PDS sign-offs.

3. Personal Property Securities Reform: Single register, how does it affect Credit Unions?

4. APS 310 Checklist: Getting ready for October.

5. APS 520 – Fit and Proper: A note for new candidates.

6. Privacy Report: Data breach notification guide.

7. Changes to External Dispute Resolution Schemes.

8. AML/CTF Act reporting implementation policy

If you aren’t yet part of our program you can attend in person, by teleconference or web streaming.

Call me on 07 3878 5098 if you want to know more.

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Posted 23rd September 2008 by David Jacobson in Risk management

September 21, 2008

Global financial crisis and Australian regulation

The failure last week of Lehmann Brothers and AIG raised the issue of whether we are going to see greater financial services regulation: What next? (The Economist)

Kevin Rudd has put his faith in Australia’s regulators: ABC interview.

What is certain is that your organisation’s compliance officers will need to be adequately resourced and trained to ensure you manage your compliance risks and keep up with any changes.

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Posted 21st September 2008 by David Jacobson in Risk management

September 14, 2008

Copyright and marketing

One of the toughest assignments for a credit union marketing manager must be to communicate the difference between credit unions and banks in a fresh, original and effective way to Generation Y.

A Canadian marketing firm recently devised a fully managed Generation Y marketing program called Young & Free. It included internet-based features and a competition which resulted in this video on the difference between credit unions and banks:

It appears that the campaign was licensed to Texas Dow Employees Credit Union (TDECU) here.

Another Texas credit union has launched its own version of the campaign to considerable criticism that it has copied, and not copied well.

I don’t know Young & Free’s legal status, but in Australia while copying ideas is not illegal, it is an offence to copy the material expression of that idea. You also run the risk of being misleading and deceptive and passing off if you copy to such an extent that the public are confused.

If you see an idea and think it would enhance your campaign, research the ownership (trade marks, patents, designs, business names, prior use) and make sure your expression of that idea is original and not derivative. And not a poor imitation.

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Posted 14th September 2008 by David Jacobson in Credit unions

September 9, 2008

Announcement: Langes+ expands

On 1 October 2008, Shannon Adams and Rob Surman from Adelaide will join Richard Farago and Richard Joice in Sydney and myself in Brisbane as partners at Langes.

Langes+ will specialise in financial services and insurance law, with a strong emphasis on the mutuals sector.

Shannon has advised financial institutions and insurers for over 25 years and is currently a director of World Vision Australia.

Rob has private practice experience in banking and finance, was formerly Head of Compliance for Credit Union Services Corporation (CUSCAL) and has served on various government committees.

We look forward to providing our clients with innovative, specialist services.

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Posted 9th September 2008 by David Jacobson in Legal

September 7, 2008

Explaining compliance and breach reporting

The obligation to report breaches to ASIC under your AFS Licence conditions, the forthcoming data breach notification rules and to at least be aware of and remediate breaches under other legislation requires credit unions to have compliance frameworks in place.

It is no excuse for directors or senior management to say they were not aware of breaches. How do you know that bad news is not being communicated to your board?

A compliance framework involves the reporting of breaches so that appropriate action can be taken. It needs to be understood by staff to work. How do you explain it simply so that the whole organisation is committed to compliance?

One way is to develop a visual summary that can be easily understood and explained.

This video (6 mins 40 secs) demonstrates a basic compliance framework that can be adapted and expanded for your credit union.

Designing a compliance framework from David Jacobson on Vimeo.

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Posted 7th September 2008 by David Jacobson in Legal

September 5, 2008

ATMs and Cash Facilities in Licensed Venues Bill 2008

Independent Senator N Xenophon has introduced the ATMs and Cash Facilities in Licensed Venues Bill 2008 into the Senate.

If passed it would prevent any financial institution, constitutional corporation and person, body corporate or corporation that uses an eligible communications service to provide cash facilities from installing or operating an automatic teller machine or other cash facility, or allow an automatic teller machine or other cash facility to be installed or operated on its behalf, at a licensed venue that allows a cardholder to obtain cash by means of that automatic teller machine or cash facility. The bill extends to private and franchised ATM operators.

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Posted 5th September 2008 by David Jacobson in Legal

AML training tools for credit unions and mutuals

AUSTRAC has released a copy of its presentation about AML to credit unions as well as a scenario case study and associated training notes. Download here.

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Posted 5th September 2008 by David Jacobson in Legal