Patrick Hosking, Banking and Finance Editor
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Northern Rock breached capital rules six months before its collapse, yet failed to tell shareholders and continued to be given favourable “light touch” treatment by financial regulators, it emerged yesterday.
Details of the breach and fresh information on the catalogue of mistakes made by the Financial Services Authority (FSA) were revealed as the regulator published an expurgated version of its review into its flawed supervision of the bank.
Rock reported a capital ratio of 9.74 per cent at the end of March 2007, which was “in breach of its capital requirements”, and told the FSA on April 19 last year, the regulator revealed. This was months before it faced serious difficulties in the wholesale markets in July and August and before the run in September.
The FSA normally regards capital shortfalls as extremely serious, but despite a catalogue of other warning signals it continued to allow Rock to waive the standard Risk Mitigation Programme required of almost every other bank.
Rock made no mention of the problem to its shareholders and in April talked of having “excess capital” on its balance sheet that it planned to return to investors in the form of higher dividends.
In June 2007 it remedied the capital shortfall by selling an £833 million commercial mortgage book to Lehman Brothers and issuing £328 million of subordinated debt, but again failed to mention the capital rule breach.
Northern Rock finally owned up to an £85.5 million shortfall in its capital position in the annual report, published last month.
The FSA also revealed in yesterday’s report that it had been alerted by the Bank of England to risks in the Rock’s wholesale funding model as early as October 2006.
A senior FSA official, a head of department in the Major Retail Groups Division, appeared so to be concerned at the time that he remarked in an e-mail: “Northern Rock’s business model means it should certainly receive additional scrutiny.” However, nothing was done.
Details of the Bank warning were blanked out in the FSA report yesterday. The regulator said that it was constrained from full disclosure by the Data Protection Act and the need to keep commercial information confidential. The Bank paper was a follow-up to two previous papers on the liquidity risk posed by institutions heavily dependent on wholesale funding, such as Rock. A Bank spokesman confirmed that it had forwarded a paper to the FSA in October 2006.
The FSA admitted in yesterday’s report that it had failed to heed eight warning signs suggesting weaknesses with the Rock. FSA officials were described as “defensive” and “territorial” in the face of problems.
Supervisors dismissed warning signs in February and March 2007 – seven months before the collapse – as “just a blip”. FSA regulators even seem to have been influenced in their complacency by brokers’ notes. E-mails show that Rock’s supervisors at the FSA read a Merrill Lynch report in April last year describing Rock as “still a fantastic long-term story”.
The FSA may also have been cowed by “strong and aggressive characters within Rock’s management team”, the FSA suggested, adding that the bank was dominated by a triumvirate including Adam Applegarth, the chief executive at the time. There was also “scope to question” the suitability of Matt Ridley, then the chairman, because he had no career experience in finance.
Last month Hector Sants, the FSA’s chief executive, said that the regulator's performance had been unacceptable when he published the conclusions of the review. He and Sir Callum McCarthy, the chairman, are expected to be questioned closely by MPs on the Treasury Select Committee next week.
Northern Rock was nationalised in February after abortive attempts at private sector rescues.
A Rock spokesman said last night: “We believed the matter was dealt with in the appropriate correspondence at the time and subsequently disclosed.”
Danger signals the regulator missed
1. In January 2007 Northern Rock announces its ambitious target to become third-biggest mortgage lender in Britain
2. Classified
3. Classified
4. The bank expands into the retail savings market in Denmark in February 2007
5. It reveals that net lending grew by 34 per cent in first quarter of 2007
6. Northern Rock sells £833 million of commercial loans to Lehman Brothers in June 2007 after breaching capital rules
7. Classified
8. “Most importantly”, in January 2007, the former building society signals that it plans to pay out an even greater proportion of its profits in dividends
Source: FSA Internal Audit Division
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Should the FSA now pay for mortgage payers costs when they move to other lenders as advised by N/Rock, it seems the FSA has been negligent in its duties.
mick, harlow, essex
The financial services background of the FSA board leaves a lot to be desired. Unless regulatory authorities are truly independent, this kinds of issues will continue to arise.
James Dey, London,
Let's hope the FSA staff are on good wages and have enough to retire on now. It would be terrible to think they might do further damage in another job.
Why no mention of NR mortages that were 10 times salary and 125% LTV? Is that still thought to be OK then? Everybody's doing it, doing it..
Fred Sly, Elgin, Scotland
Who was instrumental in setting up the FSA to take oversight of the Banks, Gordon Brown. Who oversaw the FSA rules regarding Endowment Mortgages that then tanked Gordon Brown. Whose raid on pensions ensured the collapse of final salary schemes "Gordon Brown".
Paul, Lincoln, England
Well here we are - a toothless regulatory authority which was set up to restore confidence in the British financial services have failed when it really comes to the issues which matter.
Alan Digweed, Cheltenham,
The former board of directors at Northern Rock knowingly broke FSA rules and that resulted in the bank collapsing. It is wrong that the directors were permitted to walk away with huge pay-offs when it was they who were the principal cause of the disaster.
Tom Cooke, London, Great Britain
How is it that the Northern Rock director,Sir Derek Wanless,who had been Chief Executive of National Westminster Bank and apparently resigned for lack of confidence in his stewardship,could become Chairman of the "Rocks" Credit Committee and remain unmentioned in the media for his accountability?
GERALD BARKER, TADWORTH, SURREY
The Bank of England used to regulate the banking industry before the FSA took over those powers in 1998. Yet it was the BOE which warned the FSA about possible dangers with NR's funding model. Time to give back regulating powers to the BOE perhaps?
carl james, london,
So who exactly was it that had inside information and sold/shorted shares in Northern Rock from March to July, bringing the share price down from GBP11- to GBP8- ? Who gave the information to them?
It seems Merril did not nor did Citi or ING who put out "buy" notes with an eleven pound target.
M Jeffs, Bucks, UK
john from birmingham you say"The government steals my shares which are valueless because of their FSA's failings."
The government didnt cause NR to have valueless shares NR did this on thier own by lending to anyone and being the bank give money away recklessly.
Andy, petersfield,
Alas, striking-off and litigation for the directors of NR (and possibly FSA) will not prevent greedy execs from doing this kind of thing again.
The Gov should criminalise this kind of fraud.
James, Salisbury, UK
The government steals my shares which are valueless because of their FSA's failings. To put matters right the government should pay a fairer price by way of compensation to the misled shareholders.
john, birmingham,
And what were the non-execs doing all this time? After all, Wanless knew all about failing banks having chaired National Westminster.
(The difference between a non-exec and a supermarket trolley is that the trolley has a mind of its own but a non-exec holds more food and drink).
Colin Grey, Oxshott, UK
As a state owned entity how can points 2,3 and 7 of the FSA Internal Audit Division be classified? As a taxpayer with money propping up the company there should be nothing held back that may give an indication of how much risk our money is at.
Edward, London,
So, is the Government and taxpayer still obliged to bail them out??? Outrageous.
Edwin Peston, Lancs,
AD stated that this bank was very profitable last September,was he correct ?
stephen hulton, eure, france
If I were a former director I would be scared right now ... litigation and striking off look like minimum penalties!
Tom, London,