A company can issue bonds to investors on the expected future profits of the existing life activities.
If a portfolio of financial assets (eg car structured finance, home or commercial mortgages, commercial loans, royalties, leases, non-performing loans, and contractually obligated income) and are transferred to a “special purpose vehicle or entity” (SPE or SPV), it is known as a securitization transaction.
In general, most securitization transactions with a two-step transaction in which the author of the transfers of assets to a single securitized assets held by the SPV in turn SPV.In pledges or assets to another company issues securities in the capital markets, backed by such assets that are evaluated. This second level unit can deliver a different line or SPV can be multi-seller commercial paper and financing through the issuance of medium term notes and commercial paper.
Types of securitization transactions
Usually with securitization transactions, the transfer of rights to assets to take two main forms, the true sale or synthetic securitization.
1st True sale securitization
In a true sale securitization sold, the originator (eg sale of mortgage loans by the bank) assets to the issuer. Assets by the service provider who happens to be the initiator, served in terms of mortgages sold to the issuer (for example, say) and the author remains the principal and interest of the borrower to collect on behalf of the issuer of these mortgages and see all standard mortgages.
The importance of the sale, it is true that the sale of the tip of the assets of the originator of the SPV is a sale “true”, as the assets can not from the bankruptcy of the issuer or withdrawn bankruptcy estate and be transferred to a trustee. Thus, the issuer usually incorporated company insolvency remote, and can not participate in operations other than those used for the securitization, which is known as a “limited effect” concept because the SPV is not permitted to give more debt or You merger or similar transaction.
Transactions may be made that led, through which the buyer acquires assets and a number of different authors are represented. This is achieved by refinancing through the issuance of commercial paper in the capital market. In general, banks involved in securitization lines by the organization to customers, or autonomous only if the buyer purchases the assets and issues securities backed by assets in a securitization transaction unique. No commercial paper is issued.
It must be said here that the legal characteristics and the economic substance of the assignment, the most important factors when the transaction is a true sale is not a loan.
2nd Synthetic securitization
In a securitization not sell synthetic origin can be the assets of the issuer and therefore do not get the financing or liquidity under the transaction. The author includes a credit swap with the issuer in respect of an asset or group of assets, transfer of risk from payer to the issuer. Under this contract, the issuer pays the origin of an amount equal to the credit risk in relation to those assets suffered or pool of assets. By the Issuer (SPV) of income in a synthetic transactions, balances that the author under the credit default swaps and the amount of paid interest charges earned on the collateral. These operations are normally conducted to the transfer of credit risks and reduce regulatory capital requirements.
3rd “Whole Business Securitization
Besides the two main forms before, “every business” securitization is sometimes used to buy the participation in private or in the management out of the author Fund.
This type of securitization in the United Kingdom came. It includes the provision of a guaranteed loan, a special purpose relevant Creator. The SPV bond on the capital and the proceeds to the author. Services Creator with its obligations under the loan through the profits from their activities. Safety Creator is the majority of its shares to investors. In terms of cash flows, there are three common types of securitization transactions:
Secured by debt, which, similar to the loan on the traditional asset-based. The debt instrument does not match the pattern of cash flows rationing of the pledged assets.
are pass-through-it is the easiest way to assets with a steady stream of money by selling the stake in assets an interest securitize the underlying assets, the principal and interest can be found collected in the underlying assets in order the holders of securities distributed;
Pay-through debt is a debt instrument is the instrument, and not participation. Investors in a pay-through bonds are not directly owned the underlying assets, but simply to investors.
An important thing is that with VPS, in contrast to ordinary operating companies, whose statutes generally provide for maximum flexibility, the documents of the SPE provide company to have only the powers necessary to achieve the Securitisation Transaction. Thus, the securitization SPV power to the particular needs of the merger proposed purchase to the issuance of securities in connection with capital markets and the payments to them and so on.
The reason for this restriction is intended to reduce the risks of insolvency of the SPV itself contain as closely as possible on the various activities of the company, the greater the risk of bankruptcy.
The securitization is represented on the underlying assets as. Rating agencies spend much time to the credit risk for all assets that appreciate in securitization transactions. Other risks included the risk. Prepayment risk that a portion of the assets of the underlying portfolio may be paid in advance. Payments and settlements in Ghana are considered good. Auditors, the average weighted by the pool and further expose investors considerable uncertainty about the future cash flows.This can be mitigated fixed interest rate on variable interest rate by separating the payment of principal and interest or yields change.
Risk of third
The guarantee is not the only important factor in the structured finance transaction. A workshop can be especially strong in Ghana. This is the case in the failure of the collection of payments, distribution to the investors and performance monitoring is. Because the credit rating of Ghana is not popular.
involved in a securitization or structured finance operation, a large number of third parties, who shall exercise their different responsibilities in order to proceed the transaction successfully. “Time is money,” they say. Other risks include the Third Estate Trust Manager for repairs, payments to investors and rating agencies reporting failures and malfunctions, maintenance and repair to prevent the misuse of cash flow, senior managers to balance the interests involved in a transaction.
The financial risks (interest rate risk, currency risk, risk of devaluation)
The financial risks typically include interest rates, exchange rates and availability, currency and inflation risks. Inflation really touches the origin in a securitization transaction for reasons like the cost of the operation, which may delay its completion. Some governments are also wary of foreign investment in their countries and sometimes even prevent, the repatriation of funds from foreigners outside. The depreciation and interest rates, as inflation and negative impact on the securitization can be especially if provision in the settlement agreement for which it was made. Russia is a good example. International funds are often cheaper than local, but given the fact that the payment of claims on the ground is sold and paid for in local currency, with foreign lending exposure creates over devaluation of the currency.
Political risks
As carried out cross-border transactions, so that generate the assets, cash flows in domestic currency, so that securities that are backed by these assets denominated in foreign currency, there is a risk that, regardless of the credit strength of the underlying assets , could be the issuer of the payment. The following relevant known political risks identified:
Risk of expropriation:
The act of recording some of his owners for public use. It is the act where a government takes over the assets or accounts of the local parties in the event of a financial crisis.
Nationalization:
Transfer of the activities of the private sector into public ownership. This is generally not known in the West and in South America and Africa. As the political situation in Ghana is not provided.
Convertibility risk:
That’s the risk in a national crisis, the government might establish a moratorium on all foreign currency debt because of a financial crisis to impose in the country.
Change the law:
The current government can change laws overnight, which may affect a structured financing. Sometimes, for economic and political reasons, tax laws have been adopted that could not benefit the author in relation to the increased cost of certain elements, which can increase the purchase price of the product late, and may the securitization transaction, which can be done cheaper must succeed if it is to endangering. For example, an increase in the mineral oil tax on the entire operation, because the tax neutrality is crucial for a securitization transaction.
Legal and documentation risks
After the change of law mentioned in the political risk, the potential legal risks for the securitization, including inadequate legal framework, laws and regulations on taxation, financial and money market instruments. Sometimes the law and administrative law are not developed in the country. These issues are of great interest to investors and also the author must face this risk.
In Asset-Backed Securities (ABS), but the potential legal and documentation include uncertainties in the transfer of assets of the seller / originator to the SPV (ie “true sale”) the need to ensure that the holders of the APA in control of to obtain the underlying assets, bankruptcy remoteness of the issuing SPV.
This means reviewing all obligations with respect to the separation of the SPV, the seller, the legal role of the trustee and servicer in all relevant jurisdictions, including Ghana, to reduce operational risks and enforcement in relation to payments and revenue transactions.
Due to changes in the structures of the process and given the legal and financial environment of Ghana, legal risks and documentation will be very high.
Risk Regulation
The risk that authors and other lenders are not treated fairly. It should be a regime under the incentive schemes and instruments listed above, what should the structure, the SPV issued securities.
Risk structure of liabilities
This risk is the issues with the division into slices or tranches of securities of conflicting interests in the context, if they can not control the correct distribution of loans to interfere with private investors. Key structured finance is the cascade of payments obligations to pay interest and principal and the allocation of losses set of investors. This can cover most of collateralisaton tests that provide adequate safeguards in the pool of assets, payment of principal and interest coverage to ensure there are sorted produces a sufficient interest to cover interest payments to holders of tickets.
Level of risk
Rating agencies usually need all the risks in any transaction, an assessment of the allocation for security to be assessed as. So to ensure the potential for claims and the adequacy of credit enhancement that retail investors obtain the right level of default risk. Cross-border transactions, for example, require a specific analysis across the border, which could lead to trading of tickets due to the possible failure of the government and the possible application of a moratorium on use by a government in times of crisis.
Benefits of securitization
The use of securitization is not limited to property or income. The application covers products to bank financing arrangements and existing equity. The challenge is the approach that the Securitization is a studied and measured the ability of their impact on the future of the company. This is because securitization cash flow engine is not on the earnings improvement engine.
In general, securitization can offer the following advantages and we are pleased to see later whether it would be beneficial to Ghana.
efficient access to capital markets, when such transactions are approved by credit rating by a rating agency structured to most of its requirements, the price is not the merit of the author are related. This is very important if the shipper is not creditworthy.
Limitation of the specific information about the ability to raise capital is reduced securitization minimizes the inability of a company to raise capital, because capital is increased as part of the securitization is a function of words, the quality or credit rating, prepayment assumptions and the market reality.
Illiquid assets are converted into cash, makes it easier to securitization, the assets that could otherwise be sold with its own resources, connect to a pool of different security requirements against the debt to create can be issued.
To raise capital to create additional assets: The capital may be increased quickly as the release of long-term capital for authorized purposes, such as the completion of capital projects and the purchase of additional assets.
minimize match assets and liabilities: deserved create a well-structured securitization transaction almost perfect matching of the term and the cash flow blockage in the yield spread between the interest paid on deposits and that debt. This means that the Ghanaian business enterprises can increase sufficient resources, without necessarily a guarantee of safety because of the transfer of risk.
to raise capital without a prospectus disclosure type: a securitization conduit can raise money without disclosure of sensitive information of any kind, information that is confidential.
complete mergers and acquisitions, divestitures and efficient: The assets may be combined or transferred under the securitization transaction efficiently. In the division of property into smaller disadvantages that the debt is issued, it may be possible to do with other commercial facilities that are no longer viable.
Transfer risk to third parties: the financial risks of credit and other contractual commitments, customers can transfer in part to investors in securitizations.
More money on bank loans: A structured securitization allowed to collect the author money, while retaining the right to profit on the debt. However, these funds will not be connected to his credit, but rather created the creditworthiness of the SPV for securitization. could Through the integration of offshore SPE, many businesses in Ghana, with a bad credit rating may money for any purpose.
The overall effect of the securitization of bank loans and credit aggregates can be a lower level of credit is through the monetary sector and a reduction in the same order of magnitude of the M3. That is to say that the bank’s balance sheet loans against some deposits.However M3 netting obligations of home borrowers have not yet, but the SPV not a bank and institutional investors who own or are now non-negotiable securities M3 deposits.
Structure of the financial system in Ghana
The financial system is composed of:
1st Bank of Ghana
I. Bank savings and loan institutions
II, Discount Stores
III. Finance Houses
IV leasing company
V. Forex Bureaux
2nd Securities and Exchange Commission
I. floor
II Brokerage firms
III. The investment management company
IV Administration and Security Guards
3rd National Insurance Commission
Insurers I.
II Brokerages
III. Reinsurance companies
The banking system in Ghana is structured to meet the needs of all citizens as much as possible needs. At the end of the year 2005, the banking sector by investment banks, universal banks, commercial banks, development banks, which formed ARB Apex Bank and rural banks, with total growth of its assets 17.62%.
The non-banking financial institutions (NBFIs) sector consists of savings and loan companies, discount houses, finance companies and leasing companies. Total assets for non-banks increased by 47.98%, which was triggered mainly by loans and loans, investments, other assets and capital. The discount houses hold 82.61% of total global investment in the sector of NBFIs.
The new banking law, Act 673, which was established in 2005 operating are more than their capital requirements adequacy ratio, the new sanctions and governance standards further ensure that the banks were generally in line with regulatory requirements and prudential rules.
The securities market in Ghana
African stock markets are facing a number of challenges before it in a new phase of rapid growth in power. The crucial question is to eliminate existing barriers to institutional development. These include the spread of information about these markets, the implementation of robust electronic trading systems and the adoption of the central depository system. Ghana now has a central depository system established in November 2004.
The securities market in Ghana is governed by the SEC. The Ghana Stock Exchange is underdeveloped in relation to the U.S., Europe and even South Africa trade. South Africa, for example, has a market capitalization of $ 180 billion, the largest in the world with a market capitalization of Ghana’s 11 billion dollars.
Given that Ghana is the securitization, structured finance, no research has been executed and the position of the macroeconomic situation in Ghana was established to examine the proper securitization transaction in South Africa. Although securitization is still at an early stage of development in South Africa, it has grown rapidly in recent years and it would be appropriate “reference”, then carve Ghana Securitisation transaction.
As reported, was the first securitization of South Africa to securitization of mortgages, the developments were very much in the past 11 years, only slowly. Then in 1992 on securitization of rental and leasing companies applied to 1997 through the 2000s with the securitization of receivables, property, eradication plans of the future, the future of cross-border flows and CLO.
Mobile in South Africa for the securitization transaction was efficient and profit maximization are financed, improving balance sheet and financial ratios, better risk management and economic capital requirements and regulatory and other.
While securitization is still showing in its infancy in South Africa, available documents, that the issue of participation of domestic banks in South Africa (ie private banks) to R250 million in 1989 to a massive R26 billion at the end of October 2005. Based on a recent study in the UK market suggests that the Securitization offers investors the opportunity to achieve a return after tax, compared with an after-tax returns generated by equity real estate investment related Securitization in South Africa as a procurement tool for the Purchase of property and portfolio optimization and value trigger tool applied.
Regulation of securitization in South Africa similar to international regulatory practices compared to those of the United States of America and to regulate the manner in which assets and securitization income is transferred from the originator to the SPV and operational aspects and the effectiveness of the SPV.
are different views exist on the South African market over the observance of the rules on securitization. One centers on the use of specific words “to the bank or depository institution,” the only South African banks can choose from a review securitisation.The others come to non-compliance, if applicable, whether a company or companies other than banks to a securitization.
The burden of the matter is that securitization is also named in the regulations as an activity that is not the business of a bank under certain limited conditions, so other companies to operate as banks securitization transactions.
The annual report of the Securities Exchange Commission for Ghana in 2004, no clear words about the situation of the securities market in Ghana. He said that “despite the expressed slightly lower performance of the Index in percentage terms, the GSEs still claimed its position as one of the most successful awards worldwide in 2004 for the second time in succession.” The market capitalization of companies listed on the Ghana Stock Exchange listed by 84.9 billion € to 97.61 trillion CeDiS CeDiS cedis.In is increased only 12.6 trillion U.S. dollars market cap of 654.0% from U.S. $ 1,430,000,000 in early 2004 to 10.8 billion U.S. dollars at the end of 2004.
In other places the stock market, bond market in 2004 was relatively low, “a serious challenge for market development in the Commission.” The value of turnover has decreased by listed companies on corporate bonds in 2004 from $ 606,600 in 2003 to $ 73,414, a decrease of 87% in bonds, while the government has also decreased by 71%. The value of the list of corporate bonds in 2004 compared with $ 6.79 million US8.98 million in 2003.
The corporate bond market remained relatively calm. But the US-denominated bonds traded on the market rose to $ 41,783 to $ 115,200.
The government of Ghana is committed to local, corporate governance, and the obligation of the Agency to improve the activity on the primary market. In consequence, the Bank has increased accountability and transparency in accordance with International Financial Reporting Standards (IFRS) best practices in their financial reports and information in 2005.
Linked to this, have other relevant government policies have been strengthened to increase tax collection and reduce public spending on strengthening the domestic debt to GDP ratio. As a result of what the government has launched a program to reduce the national debt to GDP ratio to the private sector to provide access to credit and lead the growth process.
The importance of the Bank of Ghana in the financial system is that the Bank is the leading provider of technical support for legal and regulatory reform of the financial system to minimize risks and ensure legal certainty, particularly for electronic transactions, and also to monitor the various financial laws in various stages of development.
There is no doubt that people do learn from the experience of many other nations, the successes and failures of other nations, particularly with regard to something new and complex as the concept of securitization. It is recommended that the Securitization in Ghana on the experience of certification in South Africa, modeled, with some changes in the laws, the situation in Ghana suit.
Ghana’s private sector is plagued with many restrictions no doubt, but on the other side is that there are so many missed opportunities to identify or not comparative and other natural resources and minerals already in great quantity. It is a more efficient use of these foundations potential. But the action continued on a few products whose prices are low, and wages in the strong international competition in slow motion on the global markets have left the country vulnerable to problems. They could and structured securitization.
Training of securitization transactions, as the payer, provider of service, consulting, accountants, tax advisors and others have on the technical aspects of the securitization of now continuing until departure. There should be no mediocrity, as the characteristics of the government and government agencies.
Investors and potential entrepreneurs must also have the advantages of securitization as an alternative to capital to support the traditional equity and debt, which together the economy is to be educated in Ghana. To a better understanding of the issues behind the cash flow securitization of credit rating agencies and credit enhancement. This would make a strong demand for this type of trigger for the Ghanaian capital firms in the race to compete on the international stage.
The techniques for detecting the inherent technical properly analyze the separation of assets and the income of the company, the SPV that property for the benefit of the investors have control efforts should be well understood by the financial community.
A lack of real understanding of the driving forces of a securitization transaction creates the possibility to measure the impact on future operations and to achieve the initial cost of the securitization difficulties in establishing clear incentives for real in the securitizations South African companies. Thus a comprehensive understanding of this increase among Ghanaian company securitization.
A question that must be treated very well the tax law to make the work of securitization transactions. Ghana has a free zone regime, which can also promote the securitization transactions. Some areas of the country could be assigned as the “free zone for the use Securitisation’and” tax haven to feed and maintain Securitisation in Ghana.
The regulatory environment in which the securitization is done coupled with the capital infrastructure at a reasonable price in all risks, to support connected to all forms of securitization-driven, synthetic or “all-business.
Finally, it is recommended that research should be promoted in the legal framework for bankruptcy, tax and commercial laws in relation to structured finance and securitization in particular in Ghanaian universities.
Ghana has in fact a clean environment for securitization. Key issues for the drive that you mentioned above extension of existing laws such as taxation, could include bankruptcy and commercial law for the treatment of securitisations.
Ghanaians voluntary, energetic and patient. As a know-how for the securitization of training for the above-obtained, good governance policies of the government as other important MIDR and strategy for the period 2004-2008, the improvement of the activity Ghana School of financing they will serve as a catalyst for securitization.
Given the experience in South Africa during the past decade, is the experience of developed countries in the securitization transaction and improve macro-economic and investment climate, as it is now, will in the next 10 years in Ghana, not far from holding in a securitization transaction, if not already exists.
Reference:
1st Online “Securitisation in South Africa, a revolution in municipal finances that are accessed by Bagley et al (2003) Fitch Ratings Available 20/07/2007
2nd “Securitisation: a publicly available tool? Treasury working paper by Davis, N, treasury.govt.nz working papers available online / on 7/20/2007 accessed
3rd “Securitization”. Wikipedia, the free encyclopedia. Reference.com accessed 25th February 2007.
4th “Look at improving the securitization, liquidity in the property market in South Africa” by Eugene van den Berg G, accessed vinodkothari.com accessed 08/04/2007
5th “Note on the impact of securitization on credit from the banks,” in Quarterly Bulletin December 2005 by N. and J. Gumata Mokoena
6th “The awakening of the securitization of Africa” at the South by Van Vuuren vinodkothari.com available online secafric.htm
7th the Organization of Africa and Ghana in the informal sector (online) Available from oecd.org / 29 dataoecd / html (accessed April 2006)
