Tag: ring-fencing

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UK banking regulation: ring-fencing revisited

The UK government announced on 14 October 2024 in a ministerial statement that it intended to raise the threshold for the ring-fencing (separation) of retail and investment banking activities of large UK-based banks. These banks are known as ‘systemically important financial institutions (SIFIs)’, which are currently defined as those with more than £25bn of core retail deposits. Under the new regulations, the threshold would rise from £25bn to £35bn.

Ring-fencing is the separation of one set of banking services from another. This separation can be geographical or functional. The UK adopted the latter approach, where ring-fencing is the separation of core retail banking services, such as taking deposits, making payments and granting loans to small and medium-sized enterprises (SMEs) from investment banking and international operations. The intention of ring-fencing was to prevent contagion – to protect essential retail banking services from the risks involved in investment banking activities.

Reducing regulation to increase competition

Raising the limit is intended to facilitate greater competition in the retail banking sector. In recent years, US banks, such as JP Morgan and Goldman Sachs, have been expanding their depositor base in the UK under their respective brands – Chase UK and Marcus.

These relatively small UK subsidiaries were not ring-fenced from their wider investment banking operations as their retail deposits were under (but not far under) the £25bn limit. However, this restricted their ability to increase market share further without bearing the additional regulatory burden associated with ring-fencing that much larger incumbents face. Raising the threshold would allow them to expand to the higher limit without the regulatory burden.

The proposals are part of a broader package of reforms aimed at reducing the regulatory burden on UK-based banks. The hope is that this will stimulate greater lending to SMEs to boost investment and productivity.

The proposals also include a new ‘secondary’ threshold. This will exempt banks providing primarily retail banking services from the rules governing the provision of investment banking accounts. This exemption will apply as long as their investment banking is less than 10% of their tier 1 capital. (Tier 1 capital is currently the buffer which banks are required to retain in case of a crisis.) The changes were the outcome of a review conducted in 2022 but had not been implemented by the previous government.

The announcement has sparked a debate about ring-fencing, with some commentators calling for it to be removed altogether. Therefore, it is timely to revisit the rationale for ring-fencing. This blog examines what ring-fencing is and why it was introduced, and explains the associated economic costs and benefits.

Why was ring-fencing introduced?

Ring-fencing was recommended by the Independent Commission on Banking (ICB) in 2011 (see link below) and implemented through the Financial Services (Banking Reform) Act of 2013. The proposed separation of core retail banking services from investment banking were intended to address issues in banks which arose during the global financial crisis and which required substantial taxpayer bailouts. (See the 2011 blog, Taking the gambling out of high street banking (update).)

Following deregulation and liberalisation of financial services in the 1980s, many UK banks had extended their operations so that they combined domestic retail operations with substantial investment and international operations. The intention was to open up all dimensions of financial services to greater competition and allow banks to exploit economies of scope between retail and investment banking.

However, the risks associated with these services are very different but, in the period before the financial crisis, were provided alongside one another within banking groups.

One significant risk which was not fully recognised at the time was contagion – problems in one dimension of a bank’s activity could severely compromise its ability to provide services in other areas. This is what happened during the financial crisis. Many of the UK banks’ investment operations had made significant investments in off-balance sheet securitised debt instruments – CDOs being the most famous example. (See the 2018 blog, Lehman Brothers: have we learned the lessons 10 years on?.)

When that market crashed in 2007, several UK-based banks incurred significant losses, as did other banks around the world. Given their thin equity buffers and the inability to borrow due to a credit crunch, such banks found it impossible to bear these losses.

The UK government had to step in to save these institutions from failing. If it had not, there would have been significant economic and social costs associated with their inability to provide core retail banking functions. (See the 2017 blog, Ten years on.)

The Independent Commission proposed that ‘the risks inevitably associated with banking have to sit somewhere, and it should not be with taxpayers. Nor do ordinary depositors have the incentive (given deposit insurance to guard against runs) or the practical ability to monitor or bear those risks’ (p.9). Unstructured banks, with no separation of retail from investment activities, increase the potential for both of these stakeholder groups to bear the risks of investment banking.

Structural separation of retail and investment banking addresses this problem. First, separation should make it easier and less costly to resolve problems for banks that get into trouble, avoiding the need for taxpayer bailouts. Second, structural separation should help to insulate retail banking from external financial shocks, ensuring that customer deposits and essential banking services are protected.

Problems of ring-fencing

Ring-fencing has been subject to criticism, however, which has led to calls for it to be scrapped.

It must be noted that most of the criticism comes from banks themselves. They state that it required significant operational restructuring by UK banks subject to the regulatory framework which was complex and costly.

In addition, segregating activities can lead to inefficiencies, as banks may not be able to take full advantage of economies of scope between investment and retail banking. Furthermore, ring-fencing could lead to a misallocation of capital, where resources are trapped in one part of the bank and cannot be used to invest in other areas, potentially increasing the risks of the specific areas.

Assessing the new proposals

It is argued that the increased threshold proposed by the authorities may put UK institutions at a competitive disadvantage to outside entrants that are building market share from a low base. Smaller entrants do not have to engage in the costly restructuring that the larger UK incumbents have. They can exploit scope economies and capital mobility within their international businesses to cross-subsidise their retail services in the UK which incumbents with larger deposit-bases are not able to.

However, the UK market for retail banking has significant barriers to entry. Following the acquisition of Virgin Money by Nationwide, only six banking groups in the UK meet the current threshold (Barclays, HSBC, Lloyds Banking Group, NatWest Group, Santander UK and TSB). Indeed, all of those have deposits well above the proposed £35bn threshold. Consequently, raising the threshold should not add significant compliance and efficiency costs, while the potential benefits of greater competition for depositors and SMEs could be a substantial boost to investment and productivity. Furthermore, if the new US entrants do suffer problems, it will not be UK taxpayers who will be liable.

Have we been here before?

In many ways, ring-fencing is a throwback to a previous age of regulation.

One of the most famous Acts of Congress relating to finance and financial markets in the USA is the Glass-Steagall Act of 1933. The Act was passed in the aftermath of the 1929 Wall Street crash and the onset of the Great Depression in the USA. That witnessed significant bank failures across the country and problems were traced back to significant losses made by banks in their lending to investors during the speculative frenzy that preceded the stock market crash of 1929.

To prevent a repeat of the contagion and ensure financial stability, Glass-Steagall legislated to separate retail banks and investment banks.

In the UK, such separation had long existed due to the historical restrictions placed on investment banks operating in the City of London. In the late 20th century, the arguments for separation became outweighed by arguments for the liberalisation of markets to improve efficiency and competition in financial services. Banking was increasingly deregulated and separation disappeared as retail banks increasingly engaged in investment activities.

That cycle of deregulation reached its nadir in 2007 with the international financial crisis. The need to bail out banks made it clear that the supposed synergies between investment and retail banking were no compensation for the high costs of contagion in the financial system.

Regulators must be wary of calls for the removal of ring-fencing. Sir John Vickers (chairman of the independent commission on banking) highlighted the need to protect depositors, and more importantly taxpayers, from risks in banking. It is the banks that should bear the risks and manage them accordingly. Ultimately, it is up to the banks to do that better.

Articles

Bank annual reports

Access these annual reports to check the deposit base of these UK banks:

Information

Report

  • Final Report: Recommendations

    • The Independent Commission on Banking, Sir John Vickers (Chair), Clare Spottiswoode, Martin Taylor, Bill Winters and Martin Wolf (September 2011)

Questions

  1. How did the structure of UK banks cause contagion risk in the period before the global financial crisis?
  2. How does ring-fencing aim to address this and protect depositors and taxpayers?
  3. Use the links to the annual reports of the covered banks to assess the extent of deposits held by the institutions in 2023. How far above the proposed buffer do the banks sit?
  4. Use your answer to 3) and economic concepts to analyse the impact on competition in the UK market for retail deposits of raising the threshold.
  5. What are the risks for financial stability of raising the threshold?
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HSBC: stay or go?

HSBC is a familiar feature of many high streets in the UK and this is hardly surprising, given that it is the largest bank in Europe. But could this be about to change? With uncertainty surrounding the UK’s in-out vote on the EU, the future of the banking levy and HSBC’s desire to reduce the size of its operations, the UK high street might start to look quite different.

In the UK, 26,000 staff are employed in its retail banking sector, with 48,000 workers across the whole of its UK banking operations. HSBC has plans to downsize its business globally, with expected job losses in the UK of 8000 workers and a total of 25,000 jobs across the world. This would reduce its workforce by around 10%. This could have big implications for the UK economy. Although many of the job losses would not be enforced, given that HSBC does have a relatively high staff turnover, it is likely to mean some forced redundancies. With job creation being one of the big drivers of the UK economy in the last couple of years, this could put a dampner on the UK’s economic progress.

A further change we are likely to see will be the renaming of high street branches of HSBC, as new government rules are requiring HSBC to separate its investment and retail banking operations. Much of this stems from the aftermath of the financial crisis and governments trying to reign in the actions of the largest banks. Ring fencing has aimed to do this as a means of protecting the retail banking sector, should the investment banking part of the bank become problematic.

However, perhaps the biggest potential shock could be the possibility of HSBC leaving the UK and moving to a new base in Hong Kong. A list of 11 criteria has been released by HSBC, outlining the factors that will influence its decision on whether to stay or go.

The UK’s decision on Europe is likely to be a key determinant, but other key factors against remaining in the UK are ‘the tax system and government policy in support of [the] growth and development of [the] financial services sector’. HSBC pays a large banking levy, as it is based not just on UK operations, but on its whole balance sheet.

HSBC’s Chief Executive, Stuart Gulliver, has said that the discussion on the potential move to Hong Kong is based on the changing world.

“We recognise that the world has changed and we need to change with it. That is why we are outlining the following… strategic actions that will further transform our organisation… Asia [is] expected to show high growth and become the centre of global trade over the next decade… Our actions will allow us to capture expected future growth opportunities.”

Leaving the EU will have big effects on consumers and businesses, given that it is the UK’s largest market, trading partner and investor. Whether or not decisions of key businesses such as HSBC will have an impact on the referendum’s outcome will only be known as we get closer to the day of the vote (which is still some way off!). It will, however, be interesting to see if other companies raise similar issues in the coming year, as the referendum on the EU draws nearer. We should also look out for any potential change in the UK’s banking levy and what impact, if any, this has on HSBC’s decision to stay or go and on the future of any other banks.

Has HSBC already decided to leave the UK? The Telegraph, Ben Wright (10/6/15)
HSBC plans to cut 8,000 jobs in the UK in savings drive BBC News (9/6/15)
The Guaridan view on HSBC: a bank beyond shame The Guardian (10/6/15)
HSBC brand to vanish from UK high streets Financial Times, Emma Dunkley (9/6/15)
HSBC job cuts should come as little surprise Sky News, Ian King (9/6/15)
HSBC in charts: Where the bank plans to generate growth Financial Times, Jeremy Grant (9/6/15)
HSBC’s local rethink can’t shore up global act Wall Street Journal, Paul Davies (9/6/15)
Can George Osborne persuade HSBC to stay in the UK? BBC News, Kamal Ahmed (9/6/15)

Questions

  1. What is the UK’s banking levy and why does it affect a company like HSBC disproportionately?
  2. Look at the list of 11 criteria that HSBC have produced about staying in the UK or moving to Hong Kong. With each criterion, would you place it in favour of the UK or Hong Kong?
  3. Why is the banking sector ‘not a fan’ of the government policy of ring fencing?
  4. What impact would the loss of 8000 UK jobs have on the UK economy?
  5. Why does it matter to a bank such as HSBC if the UK is a member of the EU?
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Five years on from Lehman’s: what have we learned?

On 15 September 2008, Lehman Brothers, the fourth-largest investment bank in the USA, filed for bankruptcy. Although the credit crisis had been building since mid 2007, the demise of Lehmans was a pivotal event in the unfolding of the financial crisis and the subsequent severe recession in most developed economies. Banks were no longer seen as safe and huge amounts of government money had to be poured into banks to shore up their capital and prevent further bankruptcies. Partial nationalisation seemed the only way of rescuing several banks and with it the global financial system.

A deep and prolonged recession followed (see Chart 1: click here for a PowerPoint). In response, governments pursued expansionary fiscal policies – at least until worries about rising government deficits and debt caused a lurch to austerity policies. And central banks pursued policies of near zero interest rates and subsequently of quantitative easing. But all the time debate was taking place about how to reform banking to prevent similar crises occurring in the future.

Solutions have included reform of the Basel banking regulations to ensure greater capital adequacy. The Basel III regulations (see Chart 2) demand considerably higher capital ratios than the previous Basel II regulations.

Other solutions have included proposals to break up banks. Indeed, just this week, the Lloyds Banking Group has hived off 631 of its branches (one sixth of the total) into a newly reformed TSB. Another proposal is to ring-fence the retail side of banks from their riskier investment divisions. In both cases the aim has been to avoid the scenario where banks are seen as too big to fail and can thus rely on governments to bail them out if they run into difficulties. Such reliance can make banks much more willing to take excessive risks. Further details of the new systems now in place are given in the Robert Peston article below.

But many critics maintain that not nearly enough has been done. Claims include:

• The Basel III rules are not tough enough and banks are still being required to hold too little capital.
• Rewards to senior bankers and traders are still excessive.
• The culture of banking, as a result, is still too risk loving in banks’ trading arms, even though they are now much more cautious about lending to firms and individuals.
• This caution has meant a continuing of the credit crunch for many small businesses.
• Higher capital adequacy ratios have reduced bank lending and have thus had a dampening effect on the real economy.
• The so-called ring-fences may not be sufficient to insulate retail banking from problems in banks’ investment divisions.
• Banks are not being required to hold sufficient liquidity to allow them to meet customers’ demands for cash in all scenarios.
• Banks’ reliance on each other still leaves a systemic risk for the banking system as a whole.
• Fading memories of the crisis are causing urgency to tackle its underlying problems to diminish.
• Problems may be brewing in less regulated parts of the banking world, such as the growing banking sector in China.

The following articles look at the lessons of the banking crisis – those that have been learned and those that have not. They look at the measures put in place and assess whether they are sufficient.

Lehman Brothers collapse, five years on: ‘We had almost no control’ The Guardian, Larry Elliott and Jill Treanor (13/9/13)
Lehman Brothers collapse: five years on, we’re still feeling the shockwaves The Guardian, Larry Elliott (13/9/13)
Five years after Lehman, could a collapse happen all over again? The Observer, Larry Elliott and Jill Treanor (15/9/13)
Five years after Lehman, all tickety-boo? BBC News, Robert Peston (9/9/13)
What have we learned from the bank crash? Independent, Yalman Onaran, Michael J Moore and Max Abelson (14/9/13)
We’ve let a good financial crisis go to waste since Lehman Brothers collapsed The Telegraph, Jeremy Warner (12/9/13)
The Lehman legacy: Lessons learned? The Economist (9/9/13)
The dangers of debt: Lending weight The Economist (14/9/13)
The Lehman anniversary: Five years in charts The Economist (14/9/13)

Questions

  1. Why did Lehman Brothers collapse?
  2. Explain the role of the US sub-prime mortgage market in the global financial crisis of 2007/8.
  3. In the context of banking, what is meant by (a) capital adequacy; (b) risk-based capital adequacy ratios; (c) leverage; (d) leverage ratios?
  4. Explain the Basel III rules on (a) risk-based capital adequacy (see the textbook and the chart above); (b) non-risk-based leverage (introduced in 2013: see here for details).
  5. Explain and comment on the following statement by Adair Turner: ‘We created an over-leveraged financial system and an over-leveraged real economy. We created a system such that even if the direct cost of bank rescue was zero, the impact of their near-failure on the economy was vast.’
  6. Under what circumstances might the global financial system face a similar crisis to that of 2007/8 at some point in the future?
  7. Why is there an underlying conflict between increasing banks’ required capital adequacy and ensuring a sufficient supply of credit to consumers and business? What multiplier effects are likely to occur from an increase in the capital adequacy ratio?