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The Wild Card of RegulationSadly, the change in required capital isn't disclosed anywhere in a typical 10K. Even the concept of required capital can change depending on what market the financial institution is in and what entity most closely controls the amount of operating and financial leverage it is allowed to take on. Federal or state regulators sometimes impose the biggest constraints on leverage -- this is particularly true for institutions that interact closely with the public, i.e., depository institutions and life and personal-lines insurers. For companies that raise capital in the debt markets or do business that requires a strong claims-paying-ability rating, the ratings agencies may lay on the tightest constraints. Finally, in rare instances of loose regulatory structures, the tightest constraint can be the company's calculation of how far it can push its leverage before it blows up. Again, this is rare; many companies estimate the capital required for business, but regulatory or rating agency standards are usually tighter. This goes in hand with the fact that financial institutions are generally more highly regulated than nonfinancial businesses. The government doesn't want the public exposed to financial risk. Guaranty funds are typically implicitly backstopped by the government (think FDIC, FSLIC, state insurance guaranty funds, etc.). Defaults of financial institutions can be far more costly than those of other types of businesses. In a credit-based economy, confidence in the financial sector is critical to the continued growth and health of all. Confidence can't be allowed to fail. Also, since many financial institutions pursue similar strategies and invest in one another, the failure of one institution makes the regulators touchy about everyone else.
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David J. Merkel, CFA, FSA, is a senior investment analyst at Hovde Capital responsible for analysis and valuation of investment opportunities for the FIP funds, particularly of companies in the insurance industry. Previously, he managed corporate bonds for Dwight Asset Management. At the time of publication, neither Merkel nor his fund had any positions in the securities mentioned in this column, though positions may change at any time. Under no circumstances does the information in this column represent a recommendation to buy or sell stocks. While Merkel cannot provide investment advice or recommendations, he appreciates your feedback; click here to send him an email. Analyst Certification: All of the views expressed in the report accurately reflect the personal views of the research analyst about any and all of the subject securities or issuers. No part of the compensation of the research analyst named herein was, is, or will be, directly or indirectly, related to the specific recommendations or views expressed by the research analyst in this report. Merkel is employed by Hovde Capital Advisors LLC (the "firm"), a registered investment advisor with its principal office located in Washington, D.C. The Firm and/or its affiliates have or may have a long or short position or holding in the securities, options on securities, or other related investments of the issuers mentioned herein.
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