understanding & addressing the libor to sofr …

44
May 7, 2020 BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR TRANSITION

Upload: others

Post on 06-Nov-2021

5 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

May 7, 2020

BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK

company limited by guarantee, and forms part of the international BDO network of independent member firms.

BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK

company limited by guarantee, and forms part of the international BDO network of independent member firms.

UNDERSTANDING

& ADDRESSING

THE LIBOR TO

SOFR TRANSITION

Page 2: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

2

CPE and Support

CPE Participation Requirements - to receive CPE credit for this webcast:

You’ll need to actively participate throughout the program.

Be responsive to at least 75% of the participation pop-ups or polling questions.

Please refer to the CPE & Support Handout by clicking the Handout icon for more information about group participation and CPE certificates.

Q&A:

Submit all questions by clicking the Q&A icon on the bottom of your screen. The presenters will review and answer questions at the end of the session as time permits.

*Please note that questions and answers submitted/provided via the Q&A feature are visible to all presenters as

well as the participants.

Technical Support:

BDO Employees: Please contact technical support at 888-236-9111

Alliance, International, and invited Guests: Please contact : 844-580-6963

Page 3: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

3

With You Today

Matthew Goldberg

Partner

646-957-4285

[email protected]

Sudip Chatterjee

Managing Director

212-404-5598

[email protected]

Page 4: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

4

Learning Objectives

Identify the events and rationale that have led to the present day

efforts to eliminate LIBOR

Recognize the more relevant exposures that require analysis and

remediation during an IBOR transition project

Discuss the skillsets and capabilities required in order to successfully

transition from LIBOR to SOFR (or other reference rate)

Page 5: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

5

What is LIBOR?

Stands for London Interbank Offering Rate (also

referred to as an IBOR)

Meant to reflect the rates that the world’s largest

banks charge each other for short terms loans

Most widely used benchmark interest rate today

Presently published across 5 currencies and 7

maturities

Page 6: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

6

Currencies and Tenors

Currencies:

CHF – Swiss Franc

EUR – EURO

GBP – British Pound Sterling

JPY – Japanese Yen

USD – US Dollar

Page 7: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

7

Let’s Talk Some History!

LIBOR was

created

1980 BBA published BBAIRS

(British Bankers Assn

Interest Rate Swap)

1985

1986

First LIBOR rates

were published

(USD,GBP, JPY)

Financial crisis

hits and we see

LIBOR rates spike

2008LIBOR was firmly

entrenched as the

benchmark

interest rate

1990

LIBOR

scandal is

uncovered

2012

Page 8: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

8

Why Did the Manipulation Occur?(CAUSE AND EFFECT)

First, because LIBOR became a vital reference rate for

interest-rate derivatives

The Banks' derivatives traders pushed their LIBOR submitters to

manipulate LIBOR, up or down, depending on their positions

Then, LIBOR became a proxy for the health of the

banking system

During the financial crisis, the banks' executives pushed

their LIBOR submitters to understate LIBOR, to make

them look healthier than they were

Page 9: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

9

LIBOR Scandal!

Page 10: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

10

1. Manipulation was possible because of the way

LIBOR submissions were made. Banks were asked to

estimate the rate at which they COULD borrow

from other banks, not rates at which they

ACTUALLY borrowed.

2. At the same time, the way banks fund themselves

has changed. The unsecured London interbank

market, which LIBOR was designed to measure, was

active when LIBOR was created, but that isn’t how

banks finance themselves any more.

The Main Reasons Behind

Changing LIBOR

Page 11: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

11

The Fed estimates that on a typical day there are

currently around six to seven actual market

transactions—totaling about $500 million— that

could underpin one- and three-month U.S. dollar

LIBOR across all of the panel banks.

For the six-month tenor, there are only two or

three transactions per day.

At the one-year tenor the average is one

transaction per day, and on many days there are

none.

That means that the majority of panelist

submissions each day are based solely on “expert

judgment.”

What was the Actual Activity?

Page 12: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

12

What was the Actual Activity?

Page 13: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

13

To Put in Perspective

Although actual transactions underlying LIBOR have diminished, its use as a

benchmark has become ubiquitous. The gross notional value of all financial

products tied to U.S. dollar LIBOR is around $200 trillion—about 10 times U.S. GDP.

That includes $3.4 trillion of business loans, $1.8 trillion of floating-rate notes and

bonds, another $1.8 trillion of securitizations, and $1.3 trillion of consumer loans

held by about four million individual retail consumers, including around $1.2

trillion of residential mortgage loans. The remaining 95% of exposures are

derivative contracts, which we learned in the financial crisis have consequences

for both Wall Street and Main Street.

So, every day, the payments on $200 trillion of exposures are calculated based

on a handful of transactions worth a few hundred million dollars at most.

Page 14: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

14

STEPS TAKEN:

Reforms were put in place.

UK Financial Conduct Authority would regulate

member banks from 2013 onward.

One of the primary goals was to anchor LIBOR

submissions and rates to the greatest extent

possible to actual transactions. This is to ensure the

rate is genuinely representative of market

conditions.

The Aftermath

Page 15: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

15

Beginning of the Transition

JUNE 22, 2017 - the Alternative Reference Rates Committee

(“ARRC”) selected the Secured Overnight Financing Rate

(“SOFR”) as their final choice to replace USD LIBOR past

calendar year 2021

JULY 27, 2017 – Andrew Bailey, Chief Executive of the UK

Financial Conduct Authority (“FCA”), gave a speech whereby he

stated that member banks would no longer be required to

provide LIBOR submissions past Dec 2021

Page 16: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

16

Beginning of the Transition

EXISTING HURDLES:

Developing a market based approach that would be ready to replace LIBOR as of

the end of 2021

Picking a replacement Alternative Reference Rate for each of the primary LIBOR

currencies

Member banks were reticent after the LIBOR scandals that had occurred

LIBOR submissions were not based on actual underlying transactions (banks were

concerned about the exposure based on the subjectivity)

Page 17: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

17

In the major currency areas, authorities have already

started publishing rates intended to eventually replace

(or complement) the IBOR benchmarks.

The initial focus has been on introducing credible,

transaction-based overnight (O/N) RFRs anchored in

sufficiently liquid money markets.

Selection of Alternative

Reference Rates

Page 18: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

18

An Ideal Reference Rate

1. Provide a robust and accurate representation of interest rates in core money markets

that is not susceptible to manipulation

o Benchmarks derived from actual transactions in active and liquid markets, and subject to best-

practice governance and oversight, represent arguably the best candidates in terms of this

criterion

2. Offer a reference rate for financial contracts that extend beyond the money market

o Such a reference rate should be usable for discounting and for pricing cash instruments and

interest rate derivatives

3. Serve as a benchmark for term lending and funding

o Given that financial intermediaries are both lenders and borrowers, they require a lending

benchmark that behaves not too differently from the rates at which they raise funding

An ideal reference rate would have to:

At present, LIBOR fulfills the 2nd and 3rd criteria but lacks the first.

Page 19: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

19

Selection of Alternative Reference Rates

Working groups were set up in each currency to define the new risk free rates

(“RFRs”). The determined rates are as follows:

Page 20: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

20

LIBOR vs. Fed Funds Rate Comparison

Page 21: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

21

Where do the Exposures Lie?

Page 22: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

22

Where do the Exposures Lie?

Page 23: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

23

Where do the Exposures Lie?

Page 24: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

24

Where do the Exposures Lie?

Page 25: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

25

Where do the Exposures Lie?

Page 26: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

26

IBOR Transition Approach and Skill Sets

What are the steps to performing

an IBOR transition project?

Page 27: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

27

IBOR Transition Approach

STEPS TO IBOR TRANSITION:

1. Organize a formal IBOR steering committee or task force

2. Perform an entity wide risk assessment

3. Prepare a comprehensive transition roadmap

4. Transitioning contract approaches (monetizations, renegotiations, fallbacks)

5. Methodology for new products

6. Establishing valuation methodology (approaches, model validation)

7. Updating Systems

8. Addressing accounting and reporting

Page 28: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

28

1. GETTING BUY-IN FROM SENIOR MANAGEMENT AND

THE ORGANIZATION

Executive management need to be engaged in the

project to help make decisions and drive the

transition across the organization

Frame the issue properly – how it fits into a larger

picture

Involve others - building a coalition is the easiest

way to obtain organizational approval on a larger

scale

What are the Hurdles?

Page 29: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

29

2. ASSESSING THE OVERALL IBOR EXPOSURE

Inventorying and categorizing products that are

associated with LIBOR at the outset

Depending on the form of the contracts (hard copy,

electronic, physical location, etc.) this may be

difficult

Sorting through contracts for relevant features

(digitization of contracts, search applications, etc.)

Outlining a roadmap to serve as the guide

throughout the project

What are the Hurdles?

Page 30: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

30

3. RENEGOTIATING OF CONTRACT TERMS

Each asset class is going to have separate concerns

Derivatives – International Swaps and Dealers

Association (“ISDA”) will provide protocols (sheer

volume of contracts, OTC contracts may have

differing requirements)

How willing are the counterparties to renegotiate?

Depends on current position, triggers,

contingencies, etc.

What are the Hurdles?

Page 31: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

31

4. TECHNOLOGY AND INFRASTRUCTURE

Systems will need to be analyzed in order to assess

the magnitude of the changes to be considered

Changes to systems that are off the shelf, tailored

and internally developed

Data sources will need to be reconfigured to feed

into current systems such as risk management, front

office, valuation and financial reporting systems

What are the Hurdles?

Page 32: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

32

5. MODEL RECONFIGURATION AND VALIDATION

Models are going to require reconfiguration to

address the changes that will be implemented such

as the basis for new curve projections (average

historical pricing, bootstrapping or an offshoot of

futures pricing)

What are the Hurdles?

Page 33: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

33

6. LITIGATION, RISK AND COMPLIANCE

Involvement of the general counsel’s office

regarding renegotiation of contracts and fallback

language

Revising existing control processes so as to

incorporate the administration and management of

the changes to be implemented

Establishing new risk procedures to enable the

transition and to ensure compliance within an

acceptable risk framework

What are the Hurdles?

Page 34: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

34

7. ACCOUNTING AND FINANCIAL REPORTING RISKS

Impact on valuations that are performed (new or

existing positions)

Impact will be felt either directly or indirectly

Hedge accounting, recognition of gains/losses

What are the Hurdles?

Page 35: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

35

What Has Happened Recently?

MARCH 16 - the U.S. Federal Housing Finance Agency extended the deadline for

federal home loan banks including Fannie Mae and Freddie Mac to cease

entering into LIBOR-based instruments that mature after the end of 2021.

Originally slated for March 31, the lenders have been given a further three

months to comply.

MARCH 25 - the UK Financial Conduct Authority (FCA), Bank of England and

members of the working group on sterling RFRs confirmed the end-2021 target

date remains in place, though recent events are “likely to affect some of the

interim transition milestones.”

Page 36: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

36

What Has Happened Recently?

At the end of September 2020, when the FCA has called for an end to LIBOR-

linked lending in sterling markets. Just a handful of loans have to date been

linked to the sterling overnight index average (Sonia) – LIBOR’s successor for UK

markets. For corporates, making the leap to a compounded-in-arrears version of

an overnight rate requires systems updates. With a crisis raging through the real

economy, it’s unlikely to be at the top of a treasurer’s to-do list.

The secured overnight financing rate (SOFR) – U.S. dollar LIBOR’s heir apparent

– has decoupled from other lending benchmarks such as commercial paper rates

and LIBOR itself, exacerbating worries over its appropriateness as a lending

benchmark.

Page 37: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

37

Current Timeline

Source: Federal Reserve Bank of New York

Page 38: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

38

With COVID-19, How do We Proceed?

1. Proceed forward with the established timelines

Until a definitive statement is released changing the milestones

2. Keep working on fallbacks and transition plan

3. Make sure to address new products in the interim

4. If there is an extension, use the time to plan and continue executing

5. If a pause is warranted, make sure to get to a good stopping point

Page 39: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

39

Recent Happenings

JULY 2019 - SEC staff published a statement to encourage market participants—

to commence or carry on the following two action items in connection with the

LIBOR transition: (1) appropriate disclosures of material exposure to LIBOR; and

(2) the type of activities that market participants should engage in to manage

such risk.

DECEMBER 30, 2019 - the SEC published a public statement on the role of audit

committees in financial reporting. It encouraged “audit committees to

understand management’s plan to identify and address the risks associated with

reference rate reform, and specifically, the impact on accounting and financial

reporting and any related issues associated with financial products and

contracts that reference LIBOR.”

Page 40: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

40

Recent Happenings

DECEMBER 17, 2019 - Three divisions of the U.S. Commodity Futures Trading

Commission (“CFTC”) issued no-action letters on granting temporary relief from

regulatory requirements when amending swap contracts to include sufficient

fallback language and risk-free rates that will address the end of the use of

IBOR.

DECEMBER 23, 2019 - The NYDFS published a letter requiring that entities

prioritize the transition away from LIBOR.

Other regulators have also been emphasizing the importance of a timely

preparation by requiring regulated market participants to disclose in public

filings, or report to regulators directly, the manner in which they are preparing

for LIBOR’s demise and the progress that they have made so far.

Page 41: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

41

Recent Happenings

Beginning on March 2, 2020, the New York Fed, in cooperation with Treasury’s

Office of Financial Research (OFR), began publishing 30-day, 90-day and 180-day

SOFR Averages, as well as a SOFR Index

The SOFR Averages and Index will employ daily compounding, in line with the

ISDA methodology for use of overnight rates in swap contracts

The SOFR Index will measure the cumulative impact of compounding the SOFR

on a unit of investment over time and can be used to calculate custom period

averages between any two business dates

Publication of accessible and reliable SOFR Averages and a SOFR Index, for

reference in financial contracts, is an important step in encouraging widespread

adoption of SOFR and supporting the LIBOR transition

The averages and index could be referenced in a variety of products, such as

consumer loans and floating rate notes (FRNs)

Page 42: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

42

Alternative Reference Rates

Committee (ARRC) Actions

NOVEMBER 2019 – Summary of ARRC’s LIBOR

fallback language

JANUARY 21, 2020 - ARRC consultation on spread

adjustment methodologies for fallbacks

MARCH 6, 2020 – U.S. ARRC proposes a New York

state legislative “solution” for legacy LIBOR

contracts without adequate fallbacks

Page 43: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

43

Questions?

MATTHEW GOLDBERG

Partner, Valuation & Business Analytics

646-957-4285 / [email protected]

SUDIP CHATTERJEE

Managing Director, Valuation & Business Analytics

212-404-5598 / [email protected]

Page 44: UNDERSTANDING & ADDRESSING THE LIBOR TO SOFR …

44

ConclusionTHANK YOU FOR YOUR PARTICIPATION!

CERTIFICATE AVAILABILITY – If you logged in and participated the entire time and

responded to at least 75% of the pop-ups or polling questions, your certificate will

be emailed to you within 48 hours of the webinar.

After 48 hours your certificate will also be available under your profile on

BDO.com*.

More information is available by clicking the handouts icon on the screen.

Please exit the interface by clicking the “X” in the upper right hand corner of

your screen.

*If you are participating as part of a group, please allow additional time for CPE

processing.