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The WSJ has a nice article summarizing the auction-rate security mess, along with a short primer on what auction rate securities are, as well as how they are bought and sold through auction. Definitely worth the read for those interested in what has recently become a larger Wall Street focus.

Auction-rate securities are essentially a form of debt issued by municipalities, student-loan organizations, and others interested in borrowing for the long-term, but doing so at short-term interest rates. How is this achieved? By auction, of course. Every 7, 28, or 35 days, depending on the product, banks will hold auctions in what amounts to a resetting of the interest rates as the securities are passed on to the new security holders (or reset for existing holders that want to stay long).

As reported, UBS (UBS), Merrill Lynch (MER), and Citigroup (C) alone have committed to buying back more than $36 billion of the securities. The problem that each of these companies find themselves in, among others, is that at times the auction-rate securities may have been promoted as being similar to short-term CDs, but with higher returns. Unfortunately, as credit problems increased, the auction-rate security market also began to freeze up, making it difficult for these securities to be re-priced. Many investors were left with bank statements that simply listed a "null" placeholder where their security prices were once quoted, implying that liquidity was poor enough that a reliable price could not be provided.

To complicate matters, apparently the liquidity issue has persisted for a while, even as more securities were being marketed and sold, causing many banks to prop-up the market by issuing their own bids. The WSJ reports that UBS alone may have submitted bids in just under 70% of its auctions between January 2006 to February 2008. Allegations against Merrill Lynch imply that it gave the false impression that demand was high, driven in part by dark pools of liquidity in the auction market (see previous posts here, here, here, and here on dark pools of liquidity).

As recourse, and a way for UBS to hopefully reduced the intensity of this recent black eye (how many eyes does UBS even have?), the company has agreed to buy back from investors nearly $19 billion of auction-rate securities, starting with individuals and charities this October, all the way to institutional clients in mid-2010. It is worth noting that while UBS plans to start buying back securities in October, the actual purchase could take longer.

As reported in a Barron's article back in May, and discussed in a previous post, how much money investors get back from auction-rate securities depends on who originally issued the securities. The investors of auction-rate securities sold by a municipality or a closed-end taxable mutual fund have already received their money or will be receiving it soon. Investors in closed-end tax-free municipal-bond funds will probably have to wait a little longer. If you or one of your investment funds purchased auction-rate securities sold by a CDO or student-loan trust, well, you may be waiting a while to get your money back, possibly many years.

The auction-rate security issues once again highlight the need for better due diligence and a better understanding of risk. As we often forget, higher reward is almost always accompanied by higher risk - I dare say 100% of the time, but someone will always find exceptions in an inefficient market. If you look for more return, you need to understand the risk. Auction-rate securities based on CDOs should have raised red flags for some. Deception is one thing, but offering a blind-eye is another.

Furthermore, the way we talk about risk also probably needs to change. For instance, have you ever noticed that we seem to be having "100 year floods" every other year, or how the metaphorical "perfect storm", whether in finance, insurance, or other fields seems to occur with more regularity? Anecdotal? Sure. But eventually simply stating that the recent event was the prefect storm or a once-in-a-lifetime event will not cut it. There are only so many times that you can cry wolf before no one cares about the real danger lurking in the woods. Maybe auction-rate securities and their current issues provide another one of those warning calls we need to listen to, regardless of its eventual magnitude and implications in the current market.

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This article has 14 comments:

  •  
    re: "...The auction-rate security issues once again highlight the need for better due diligence and a better understanding of risk." -

    definitely agree with this, but, honest transparent presentation precedes and allows this due diligence and understanding (of risk)

    transpose the sale of almost anything else, a car, a toaster, a computer, and there'd be no question of who was primarily at fault....
    2008 Aug 10 10:06 AM | Link | Reply
  •  
    "As reported, UBS (UBS), Merrill Lynch (MER), and Citigroup (C) alone have committed to buying back more than $36 billion of the securities."

    Where do the Citi, Merill and UBS get the money to buy back the securities ? Why would the issuer ( say the municipalities) redeem the securities because the brokers misled the investors ?
    2008 Aug 10 11:27 AM | Link | Reply
  •  
    adan--

    what part of "Not FDIC Insured -- May Lose Value" do you guys not understand?
    2008 Aug 10 12:33 PM | Link | Reply
  •  
    Whatever happened to prohibitions against USURY?
    Hint: Congress 1980.
    2008 Aug 10 01:55 PM | Link | Reply
  •  
    "...how much money investors get back from auction-rate securities depends on who originally issued the securities..."
    "...securities sold by a CDO or student-loan trust, well, you may be waiting a while to get your money back, possibly many years."

    But Barron's premise is not true now! How much money investors get back depends on who their brokerage is. An individual investor holding a CDO or student-loan ARS will get all of their money back in about a year if their account is with Citi, Merrill or UBS (may the list grow longer soon). Why are you and a few other columnists implying otherwise?
    2008 Aug 10 04:22 PM | Link | Reply
  •  
    suggest a federal 'lemon law' for financial products ?
    > jack
    2008 Aug 10 05:16 PM | Link | Reply
  •  
    Merrill has promised to buy 12 billion worth. How much is that promise really worth, r123? Show me the money, and I'll start believing something Merrill Lynch says.
    2008 Aug 10 05:26 PM | Link | Reply
  •  
    5% interest? what kind of risk does that illustrate, around what a cd was paying. Quote {As we often forget, higher reward is almost always accompanied by higher risk - I dare say } if the reward was 8% then the lights are on for due dillagence 8% would probably equate. when multi billion dollar companys want to run a scam on you, its like a car accident, it just happens, its easy to write this article after the fact , go back to bed, David Enke
    2008 Aug 10 06:17 PM | Link | Reply
  •  
    This is the first time I've seen an assertion about Dark Pools affecting ARS, or for that matter any market. I expect that we will see more and more stories about how the perfection of Romulan cloaking technology for institutional investors has wreaked subtle havoc with just about everything.

    But congratulations on being first.
    2008 Aug 10 06:56 PM | Link | Reply
  •  
    1. Risk -- UBS knew of the state of risk in ARS... institutional investors went from 80% to 30% in 2007. Meltdowns in Jan 2008 were evident and still UBS recommended them as a buy.

    2. Cash Alternatives -- UBS "Financial Advisors" (brokers) all sold these as as good as CD or Money Markets funds. UBS broke FINRA rules in that they were misrepresented as Auctions.

    3. The higher rates were neigligible!!! They were only a .1 or .2 points... Investors did NOT buy them because of higher rates for acepting more risk.... Their higher yield was minimal. They were told by UBS that their was NO risk... They were cash alternatives.
    Investors were told they could get their money out at any time !!!
    No if ands and buts...

    The world is now learning that BROKERS can NOT be trusted.
    and Governments have been ineffective in regulating them and keeping them honest. A serious blow has been dealt to the Stock and Financial market. The implications for financing the US dept has yet to be fully played out.
    2008 Aug 11 12:13 AM | Link | Reply
  •  
    Opps .... caught robbing a bank...
    SEC would say... Oh you have to give the money back...
    but we won't ask you to admit guilt or any thing like that.

    And for UBS, etc... no letting you get your money out....
    What about DAMAGES.... I and many others, lost alot of time, sleep
    and worry over this. After being lied to so badly by UBS, how could we be assured that We would ever see any of our money.

    Punitive damages should be awarded.
    Brokerage Houses.. Officers should go to JAIL.
    2008 Aug 11 12:21 AM | Link | Reply
  •  
    Though entirely after the fact - How is it that the entire planet knew that real estate in the United States was in a bubble? What contributes to a bubble, or perhaps even more importantly, how a government tasked with "oversight" could have NOT seen that risk was pandered like the ol' hot potato and contributing to the bubble's size? So, for those seeking actual investment contributions, where is the next "bubble"? IT'S THE VALUE OF THE U.S. DOLLAR! -- off my soapbox.
    2008 Aug 12 01:13 PM | Link | Reply
  •  
    The auction rate "mess" is another obstacle to those arguing for a bottom in the equity markets.
    2008 Aug 13 05:01 AM | Link | Reply
  •  
    "Maybe auction-rate securities and their current issues provide another one of those warning calls we need to listen to..."

    Clearly, given the October crash, this comment is prescient. The failure of the ARS market was a warning shot, but no one knew what it was warning about.
    2008 Oct 13 10:33 PM | Link | Reply