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In more than 71 pages, banking and securities regulators detailed precisely how they planned to strike a balance between banning proprietary trading while providing banks with the flexibility to continue to engage in certain market-making activities.
December 10 -
Banks have been the largest triple-A investors in collateralized loan obligations, but new regulations have prompted some banks to pull back. That trend is giving other investors more sway in the market, which is evident in new pricing structures.
December 6 -
The surge in collateralized loan obligations, rising interest rates and other factors drove trading in leveraged loans to $391 billion at Sept. 30. The full-year total is expected to be a record, even as banks ease off CLOs.
November 18
It's official: The leveraged loan industry has avoided the worst of the Volcker Rule.
Early versions of the rule, which curbs risk-taking by banks by limiting what they can do with their own money, had put a scare in the loan market. Regulators had considered subjecting syndicated loans to the ban on proprietary trading, and the original draft prohibited banks from trading or lending to collateralized loan obligations.
But
The final rule also exempts certain CLOs, which are big buyers of syndicated loans, from the definition of a "covered fund," meaning that these CLOs are not subject to the ownership or transactions limitations of the Volcker Rule. So banks can still provide warehouse financing for these transactions and make a market in their assets and liabilities.
"This concludes an almost three-and-a-half-year odyssey and appears at first glance to be a very positive result for the loan market and the LSTA (albeit with some important issues to be worked out)," Bram Smith, executive director of the Loan Syndications and Trading Association, an industry trade group, said in an email.
The LSTA will
The nearly $300 billion CLO market accounts for about 45% of all institutional investments in corporate loans that are below investment grade, according to the LSTA.
However, the carve-out only applies to CLOs that meet the definition of "loan securitizations" and do not hold assets other than loans, short-term cash equivalents and related derivative.
That means CLOs with any investments in securities, including bonds and CLO notes, are considered "covered funds" and subject to the ownership and transaction prohibitions. (Loans are not securities.)
Currently, most CLOs hold significant investments in bonds or other securities. This is partly because competition for loans from mutual funds and other investors has been growing and CLO managers may find it difficult to source enough collateral for deals.
Corporate bonds can be an attractive substitute, particularly if they are issued by the same borrowers accessing the loan market. CLOs may also receive equity or other securities in exchange for loans they hold if the borrower undergoes a debt restructuring or bankruptcy.
Also, to be eligible for the "loan securitization" carve-out, a CLO must own the loan directly; a synthetic exposure to a loan, such as through holding a derivative like a credit default swap, will not satisfy the conditions for the exclusion.
The Volcker Rule takes effect on April 1, 2014, but the Fed announced it will delay the end of the compliance period until July 21, 2015. This means that banks would have until then to divest their holdings in CLOs that do not meet the requirements of a "loan securitization."
Even if it's breathing easy about the Volcker Rule, the loan industry is still facing regulatory obstacles. Issuance of CLOs may be hit by proposed
Some
Other analysts think issuance could be higher as managers pull deals forward in advance of the regulation. Barclays expects 2014 issuance to be in the range of $75 billion to $80 billion. With $40 billion to $45 billion of CLOs expected to be redeemed or amortized in 2014, the market would still grow by about $20 billion.
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