|
"...All investing is risky - all the way down to zero. And if government
steps in to bail out a business, it should've gone to the wall in the first
place..."
JUST IN CASE YOU'D forgotten - or you've set up a hedge fund in London
lately - shareholders come last in line when a listed company goes bust.
Yes, yes...you get to vote on who sits on the board of directors. You might
even get first dibs on any new share issues set to dilute your investment,
too.
But you'll typically get nothing if the company goes bankrupt. And any business
that hits the wall, as a rule, tends to go bust because it's run out of cash.
So standing behind creditors and bondholders, waiting to collect whatever
money is left, you can forget about how you'll spend your share of the pay-out.
Worth remembering next time you spot a stock chart like this...

See that precipitous plunge starting in June of last year...?
That's where two chunky hedge funds, RAB Capital in London and SRM Global
of Monaco, began piling into Northern Rock - one of the UK's top five mortgage
banks - building a stake between them that's now worth a lot less than it was.
On New Year's Eve, for instance, RAB took its stake to fully 7.5% of Northern
Rock's stock, even though its September investment had already shrunk by more
than one half. (The price of NRK has since lost another fifth, going from £0.84
to £0.68.)
The logic?
"The Company is a strong and viable business," claims SRM, now holding some
10% of the stock. In an open letter to other Northern Rock shareholders at
the start of January, "it is nothing like the 'lame duck' that some would have
you believe," the Monaco money-men said.
"We are shareholders in a company that has true value in its assets, its brand
and its employees."
Problem is, SRM and RAB are indeed merely shareholders - and Northern Rock's "true
value" also includes an emergency loan of £26 billion ($50bn) funded
by UK taxpayers, plus an explicit promise from government of a further £30bn
($59bn) guaranteeing the cash deposits of the bank's saving customers.
Those customers stand right at the front of the creditors' queue, of course.
Anyone holding bank stocks today might do well to remember that before bleating
about "true value".
"SRM believes that the Company's book value is materially in excess of its
current share price," the hedge fund lamented in its open letter, "[and] SRM
believes that any sale of assets and/or business of the Company at below its
true value is detrimental to the Company and to its shareholders...
"The Company's liquidity can be restored [but] the Company currently finds
itself in exceptional circumstances and in these circumstances shareholders
cannot rely upon the usual safeguards, including those of seeking shareholder
consent for significant transactions."
Hence the Extraordinary General Meeting called for this week by RAB and SRM.
Both were desperate to stop the nationalization of NRK's debts becoming a nationalization
of its assets as well. So they raised a motion to limit how far the Board of
Directors could dilute existing stockholdings in any private-sector rescue
plan.
"Roughly two-thirds of shareholders, taking into account proxies, voted in
favor of all of SRM and RAB Capital's four resolutions," notes Martin Flanagan
in The Scotsman.
"The trouble was that three of them required 75% majorities."
So much for shareholder activism! Fewer than 600 people attended the EGM in
person, according to The Daily Telegraph. The two hedge-fund managers
had hoped for 8,400 to fill the arena they'd hired in Newcastle.
And as for "exceptional circumstances" whacking Northern Rock back in September,
its perfectly sound strategy relied on short-term credit to such an extent
that it had to beggar the Bank of England for emergency loans within days of
the credit crunch biting. If RAB thought the assets and balance-sheet were
so solid then, why didn't it pile in above £10 a share?
SRM now claims - and City rumor agrees - that the sudden and vicious shutdown
of the world's short-term credit markets in the summer hit several other major
UK mortgage banks, too. No naming names, but if the City dumped NRK because
it knew the true extent of Northern Rock's woes, then what are private investors
- you know, the little guy - to make of NRK's major competitors?

Their average 44% loss since the start of '07 compares with a mere 6% drop
in the broader FTSE All-Share index.
And given that UK house prices have only just tipped lower after surging for
12 years, you might think the City bankers trying to arrange short-term loans
for the mortgage lenders had "a word" or two with their equity desks, too.
Glancing at Northern Rock's chart, you might even guess you were right. But
of course, that wouldn't be allowed, not with the City's much-vaunted "Chinese
walls" to prevent it. Regulations forbid it!
"One of Britain's biggest property funds was forced to shut its doors to withdrawals
[this week] after the slump in commercial prices triggered panic selling by
small investors," reports The Guardian. "Scottish Equitable said that 129,000
small investors in its £2 billion property fund [$3.9bn] will not be
able to access their money for up to a year..."
"It emerged yesterday that staff at some of the property managers have been
informing key clients in advance that a fund is heading for suspension. The
[financial watchdog] FSA said that such trading may fall foul of its rules
regarding treating customers fairly."
Ooh, get you! Wouldn't want to let "key clients" find their way to the exit
while private investors use nothing but Google as a flashlight now, would we?
"There are lots of rumors going about that other providers may be considering
following Friends Provident and Aegon," says Jason Hemmings of Albannach Financial
Management in Edinburgh.
Friends Provident closed its property fund to withdrawals in December. Aegon
runs the Scottish Equitable fund, now closed to new business and closed to
withdrawals for 12 months or more.
Whoever's next, you can bet the City regulators - the Financial Services Authority
- will be right on top of any "unfair treatment". Just like they kept on top
of the collapse at Northern Rock, avoiding disaster, panic and a huge tax-funded
bail out with no near-term hope of repayment.
"I was surprised they were not more angry," said Bryan Sanderson, chairman
at the Northern Rock EGM, of the smaller investors who attended the meeting
this week.
"They behaved very well indeed, which is a testimony to them all."
Well, maybe. Either that, or the little guys' good behavior shows that NRK's
smaller stockholders have accepted what the hedge funds will not:
All investing is risky - all the way down to zero. If you want property rights
with no risk of default, then you should Buy
Gold outright. Shareholders get squat when things go to the wall. (Even
cash-savers are mere creditors, sitting on risk that few if any accept.)
And if government steps in to bail out a business, it should've gone to the
wall anyway.
Sure, the mortgage-book assets of NRK outweigh the tax-funded obligations,
net-net. But a bank that needs a $50bn loan just to stay afloat...after suffering
the first British banking run in well over a century...is hardly what you'd
call a going concern.
Not unless you're trying to nick a quick profit, buying the shares amid a
95% plunge, and gambling on a free-market takeover in the teeth of a very tax-funded
rescue.
|