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A Briefing Note on Promissory Notes
Anglo & INBS Crash
   2008 – Irish property bubble spectacularly bursts
   September 2008 bank guarantee
    ◦ 2009 – Merrill Lynch states “Anglo is financially sound”
    ◦ 2009 – Anglo is nationalised
    ◦ March 2010 – Anglo posts the largest loss in Irish corporate
      history (€12.7 billion for 2009)
    ◦ March 2011 – Anglo then breaks its own record (€17.7
      billion loss for 2010)
    ◦ The INBS numbers are proportionally even worse

    ◦ Both banks insolvent
Now - The IBRC
   Anglo Irish Bank = €29.3 billion
    ◦ Defunct – no new deposits and no new loans
    ◦ Insolvent
    ◦ Under criminal investigation
   Irish Nationwide Building Society = €5.4 billion
    ◦ Defunct – no new deposits and no new loans
    ◦ Insolvent
   €30.6 billion promissory notes – to pay for ELA
    ◦ Letters of comfort
    ◦ Never brought before the Oireachtas
   €4.1 billion exchequer payments
Guarantee
   The Anglo/INBS debts were originally guaranteed
    by the Irish State in September 2008 as part of the
    blanket bank guarantee

   The Irish Government made an initial payment of
    €4 billion to cover Anglo‟s debts in 2009. This was
    paid out of the exchequer finances. €0.1 billion was
    paid to INBS

   Over the course of 2009 and 2010 it became
    increasingly clear that Anglo and INBS were
    insolvent
Averting Collapse
   If the insolvent banks were to collapse their debts
    would have fallen back on the Irish State and
    become sovereign debt - a consequence of the
    bank guarantee

   To prevent this the Irish Government had to obtain
    external funding – the Eurosystem of Central
    Banks was the only realistic source of this funding

   Anglo did not have sufficient eligible (i.e. good
    quality) collateral to obtain the required amount of
    Emergency Lending Assistance (ELA) from the
    Central Bank
Emergency Lending
Assistance
   To prevent their collapse the Government
    negotiated a mechanism with the Central Bank of
    Ireland setting out the conditions under which the
    Central Bank would provide Anglo/INBS with
    sufficient Emergency Lending Assistance (ELA)

   This required the implicit consent of the European
    Central Bank (ECB) governing council.
   Any future changes to the agreed mechanism also
    require the consent of the ECB governing council
Paying Back the ELA
   The ELA provided by the Central Bank to the
    IBRC is what enables the IBRC to pay-off its
    obligations
   Most of the bondholders have now already
    been paid using this ELA
   The ELA is also used to pay-off
    creditors/depositors and to enable the IBRC to
    retain its banking license
   Eventually the ELA has to be paid back to the
    Irish Central Bank
   This is done through promissory note
    repayments
Promissory Note
 The Irish Government negotiated with the
  ECB governing council to create a
  „promissory note‟ as a liability owed to the
  IBRC (Anglo/INBS)
 The promissory note is therefore an asset
  of the IBRC
 This asset can be used by the IBRC as
  collateral to obtain the necessary ELA from
  the Central Bank
 This is because the Irish Government is
  backing the promissory note with „letters of
  comfort‟
The price
   A promissory note is a negotiable
    instrument
    ◦ one party (in this case the Government) makes an
      unconditional promise in writing to pay a defined sum of
      money to the other party (in this case Anglo/INBS – now
      called IBRC), on specified future dates or on dates to be
      determined, under specific terms

   The State‟s obligation is to pay down
    €30.6 billion over 20 years (2011-
    2031)
How it works
   The promissory note repayments are paid to
    the IBRC – the IBRC then reduces its ELA
    obligations to the Central Bank
   In practical terms the Irish Government has
    received a loan from the Central Bank to pay
    off the bondholders

 It is ultimately a transfer of wealth from the people living
  in Ireland to the bondholders that lent to Anglo/INBS
 The bondholders and other creditors continue to be
  paid using the ELA from the Central Bank – the
  promissory notes represent our commitment to
  eventually repay the Central Bank
How much it costs
   The Irish Government is scheduled to make over €47 billion
    of promissory note related payments between March 2011
    and March 2031. This is composed of:
    ◦ €30.6 billion capital reduction – the €30.6 billion owed
    ◦ €16.8 billion in interest repayments
   Much of the funding for this will need to be borrowed unless
    the State is running substantial fiscal surpluses. This is very
    unlikely in the medium-term
   These borrowings will therefore also have to be financed
    ◦ at an assumed 4.7% interest rate on borrowings the total cost to
      the State will reach €85 billion by 2031
    ◦ Some of which will eventually return to us due to the circular
      nature of the payments
What happens when the ELA is paid
back to the Central Bank?
   Central Bank of Ireland (CBI)

   Asset side of their balance sheet
    ◦ CBI reduces its ELA assets by €3.1 billion


   Liability side of their balance sheet
    ◦ CBI expunges €3.1billion from the system
    ◦ Inflationary impact if this is not done – increasing the
      money supply (monetisation of debt)
Socio economic implications
   Over 2% of GDP will be drained out of the
    State each year up to 2023 to make the
    promissory note repayments
    ◦ this will be through an additional €3 billion to €4 billion
      of fiscal consolidation (tax increases/spending cuts)
   IMF research (Leigh et al, October 2010) indicates
    that each 1% of fiscal consolidation:
    ◦ reduces GDP by 0.5% to 1% and
    ◦ Increases the unemployment rate by 0.3 percentage
      points
Socio economic implications
   The €3.1 billion promissory note payment due to be
    made by the state on behalf of the former Anglo on
    March 31 2012 is:
    ◦ greater than the total cost of running Ireland‟s entire
      primary school system for an entire year and
    ◦ greater than the estimated cost to provide a next
      generation broadband network for all of Ireland (€2.5
      billion).
   €30.6 billion is equivalent to just under 20% of
    Ireland‟s current GDP or €17,000 for each person
    working for pay or profit in the State. €47.9 billion is
    30% of Ireland‟s current GDP.
The issue
   The interest rate is not the issue
    ◦ A red herring
The real issues are:
The size of the principal
    ◦ Reduction in the principal – write down
When we are making the repayments
    ◦   Changing the schedule of repayment –
        holiday, postponement
Risks in promissory note
suspension/postponement?
1. “The ECB will cut off funding to our
   pillar banks”
2. “It will impact on the European banking
   system”
3. “It will undermine investor confidence in
   Ireland”
4. “It is a condition of the EU/IMF
   Memorandum of Understanding”

Are these risks plausible?
Risks to
suspension/postponement?
   “That the ECB would cut off funding to our pillar
    banks”
    ◦ Remove funding and the pillar banks will fall
    ◦ But this would trigger the very contagion the ECB has been
      trying to prevent
    ◦ ECB cannot give the pillar banks inferior T&C to other Euro
      zone banks


   “Impact on the European banking system”
    ◦ Promissory note payments do not involve the European
      banking system
    ◦ No precedent created as IBRC is not a functioning bank
Risks to
suspension/postponement?
   “Undermine investor confidence in Ireland”
    ◦ Not a sovereign default
    ◦ Ireland is already shut out of the markets and locked into
      an official programme of assistance until the end of 2013
    ◦ Amelioration of the Anglo/INBS burden improves Ireland‟s
      debt dynamics and makes Ireland better placed to pay its
      other debts


   “A condition of the EU/IMF Memorandum of
    Understanding”
    ◦ The promissory note repayments are not a condition of the
      deal agreed with the troika
Decision makers - ECB Governing
Council
   ECB concerns:
    ◦ Precedent regarding repayment of debt obligations –
      parachute drop analogy - floodgates
    ◦ Adherence to rules and protocols – is flexibility legal?
    ◦ Mildly inflationary – monetization of the debt


   But the ECB need a success story
    ◦   The Greek programme has already failed
    ◦   The Portuguese programme is failing
    ◦   Italy is in the firing line
    ◦   Promissory note flexibility can help prevent the Irish
        programme from failing
The need for a success story
What about the bond?
   €1,250m of Anglo Irish Bank senior
    bonds
    ◦ Not covered by the guarantee
    ◦ Not secured against Anglo‟s assets

   Disingenuous to say we are not
    paying it

   Moral hazard and the ECB

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Tom mcdonnellpromnotes240112

  • 1. A Briefing Note on Promissory Notes
  • 2. Anglo & INBS Crash  2008 – Irish property bubble spectacularly bursts  September 2008 bank guarantee ◦ 2009 – Merrill Lynch states “Anglo is financially sound” ◦ 2009 – Anglo is nationalised ◦ March 2010 – Anglo posts the largest loss in Irish corporate history (€12.7 billion for 2009) ◦ March 2011 – Anglo then breaks its own record (€17.7 billion loss for 2010) ◦ The INBS numbers are proportionally even worse ◦ Both banks insolvent
  • 3. Now - The IBRC  Anglo Irish Bank = €29.3 billion ◦ Defunct – no new deposits and no new loans ◦ Insolvent ◦ Under criminal investigation  Irish Nationwide Building Society = €5.4 billion ◦ Defunct – no new deposits and no new loans ◦ Insolvent  €30.6 billion promissory notes – to pay for ELA ◦ Letters of comfort ◦ Never brought before the Oireachtas  €4.1 billion exchequer payments
  • 4. Guarantee  The Anglo/INBS debts were originally guaranteed by the Irish State in September 2008 as part of the blanket bank guarantee  The Irish Government made an initial payment of €4 billion to cover Anglo‟s debts in 2009. This was paid out of the exchequer finances. €0.1 billion was paid to INBS  Over the course of 2009 and 2010 it became increasingly clear that Anglo and INBS were insolvent
  • 5. Averting Collapse  If the insolvent banks were to collapse their debts would have fallen back on the Irish State and become sovereign debt - a consequence of the bank guarantee  To prevent this the Irish Government had to obtain external funding – the Eurosystem of Central Banks was the only realistic source of this funding  Anglo did not have sufficient eligible (i.e. good quality) collateral to obtain the required amount of Emergency Lending Assistance (ELA) from the Central Bank
  • 6. Emergency Lending Assistance  To prevent their collapse the Government negotiated a mechanism with the Central Bank of Ireland setting out the conditions under which the Central Bank would provide Anglo/INBS with sufficient Emergency Lending Assistance (ELA)  This required the implicit consent of the European Central Bank (ECB) governing council.  Any future changes to the agreed mechanism also require the consent of the ECB governing council
  • 7. Paying Back the ELA  The ELA provided by the Central Bank to the IBRC is what enables the IBRC to pay-off its obligations  Most of the bondholders have now already been paid using this ELA  The ELA is also used to pay-off creditors/depositors and to enable the IBRC to retain its banking license  Eventually the ELA has to be paid back to the Irish Central Bank  This is done through promissory note repayments
  • 8. Promissory Note  The Irish Government negotiated with the ECB governing council to create a „promissory note‟ as a liability owed to the IBRC (Anglo/INBS)  The promissory note is therefore an asset of the IBRC  This asset can be used by the IBRC as collateral to obtain the necessary ELA from the Central Bank  This is because the Irish Government is backing the promissory note with „letters of comfort‟
  • 9. The price  A promissory note is a negotiable instrument ◦ one party (in this case the Government) makes an unconditional promise in writing to pay a defined sum of money to the other party (in this case Anglo/INBS – now called IBRC), on specified future dates or on dates to be determined, under specific terms  The State‟s obligation is to pay down €30.6 billion over 20 years (2011- 2031)
  • 10. How it works  The promissory note repayments are paid to the IBRC – the IBRC then reduces its ELA obligations to the Central Bank  In practical terms the Irish Government has received a loan from the Central Bank to pay off the bondholders  It is ultimately a transfer of wealth from the people living in Ireland to the bondholders that lent to Anglo/INBS  The bondholders and other creditors continue to be paid using the ELA from the Central Bank – the promissory notes represent our commitment to eventually repay the Central Bank
  • 11. How much it costs  The Irish Government is scheduled to make over €47 billion of promissory note related payments between March 2011 and March 2031. This is composed of: ◦ €30.6 billion capital reduction – the €30.6 billion owed ◦ €16.8 billion in interest repayments  Much of the funding for this will need to be borrowed unless the State is running substantial fiscal surpluses. This is very unlikely in the medium-term  These borrowings will therefore also have to be financed ◦ at an assumed 4.7% interest rate on borrowings the total cost to the State will reach €85 billion by 2031 ◦ Some of which will eventually return to us due to the circular nature of the payments
  • 12. What happens when the ELA is paid back to the Central Bank?  Central Bank of Ireland (CBI)  Asset side of their balance sheet ◦ CBI reduces its ELA assets by €3.1 billion  Liability side of their balance sheet ◦ CBI expunges €3.1billion from the system ◦ Inflationary impact if this is not done – increasing the money supply (monetisation of debt)
  • 13. Socio economic implications  Over 2% of GDP will be drained out of the State each year up to 2023 to make the promissory note repayments ◦ this will be through an additional €3 billion to €4 billion of fiscal consolidation (tax increases/spending cuts)  IMF research (Leigh et al, October 2010) indicates that each 1% of fiscal consolidation: ◦ reduces GDP by 0.5% to 1% and ◦ Increases the unemployment rate by 0.3 percentage points
  • 14. Socio economic implications  The €3.1 billion promissory note payment due to be made by the state on behalf of the former Anglo on March 31 2012 is: ◦ greater than the total cost of running Ireland‟s entire primary school system for an entire year and ◦ greater than the estimated cost to provide a next generation broadband network for all of Ireland (€2.5 billion).  €30.6 billion is equivalent to just under 20% of Ireland‟s current GDP or €17,000 for each person working for pay or profit in the State. €47.9 billion is 30% of Ireland‟s current GDP.
  • 15. The issue  The interest rate is not the issue ◦ A red herring The real issues are: The size of the principal ◦ Reduction in the principal – write down When we are making the repayments ◦ Changing the schedule of repayment – holiday, postponement
  • 16. Risks in promissory note suspension/postponement? 1. “The ECB will cut off funding to our pillar banks” 2. “It will impact on the European banking system” 3. “It will undermine investor confidence in Ireland” 4. “It is a condition of the EU/IMF Memorandum of Understanding” Are these risks plausible?
  • 17. Risks to suspension/postponement?  “That the ECB would cut off funding to our pillar banks” ◦ Remove funding and the pillar banks will fall ◦ But this would trigger the very contagion the ECB has been trying to prevent ◦ ECB cannot give the pillar banks inferior T&C to other Euro zone banks  “Impact on the European banking system” ◦ Promissory note payments do not involve the European banking system ◦ No precedent created as IBRC is not a functioning bank
  • 18. Risks to suspension/postponement?  “Undermine investor confidence in Ireland” ◦ Not a sovereign default ◦ Ireland is already shut out of the markets and locked into an official programme of assistance until the end of 2013 ◦ Amelioration of the Anglo/INBS burden improves Ireland‟s debt dynamics and makes Ireland better placed to pay its other debts  “A condition of the EU/IMF Memorandum of Understanding” ◦ The promissory note repayments are not a condition of the deal agreed with the troika
  • 19. Decision makers - ECB Governing Council  ECB concerns: ◦ Precedent regarding repayment of debt obligations – parachute drop analogy - floodgates ◦ Adherence to rules and protocols – is flexibility legal? ◦ Mildly inflationary – monetization of the debt  But the ECB need a success story ◦ The Greek programme has already failed ◦ The Portuguese programme is failing ◦ Italy is in the firing line ◦ Promissory note flexibility can help prevent the Irish programme from failing
  • 20. The need for a success story
  • 21. What about the bond?  €1,250m of Anglo Irish Bank senior bonds ◦ Not covered by the guarantee ◦ Not secured against Anglo‟s assets  Disingenuous to say we are not paying it  Moral hazard and the ECB