Brien Lundin: Look to History to Profit from Gold

Gold in the Carolinas? “Absolutely,” says Jefferson Financial President and CEO Brien Lundin, who also publishes the Gold Newsletter. It’s just one region where historic discoveries, ignored when gold prices were low, are now being re-examined with modern exploration techniques. The results, he says, are promising. Learn more about his take on the economy, the seasonal effect on gold prices and the “frothy” metals market in this exclusive interview with The Gold Report.

The Gold Report: When we last talked in September, you said there were “very good arguments for significantly higher gold prices.” Have those arguments changed? And, if so, how?

Brien Lundin: They have changed a bit. Back then, the investing environment was tough because it was so uncertain. There weren’t any clear trends. We didn’t know if the economic recovery was really taking hold.

At this point, we’ve firmly established that the economy is in a fairly steady uptrend. This is good for gold in the long term, though I believe it’s a bit bearish for gold in the short term. As the economy rebounds over the long term, we’ll see a lot of pent-up monetary pressure unleashed. For example, the Federal Reserve is now holding about $1 trillion in excess bank reserves. Right now, that doesn’t count as money; but once the banks begin lending and those reserves are turned into loans, they instantly become currency and have a multiplier effect on the economy. We’ll see a resurgence in monetary inflation as the economy rebounds and gets into a higher, more stable rate of growth.

Also, as the economy strengthens, we’ll see more intense use of metals and commodities. There will be a wealth effect, which will be good for gold and for the rest of the metals complex, as well. But until we get there, it’s a bit negative for gold because investors will perceive strength in the economy as negative for gold, anticipating that the Federal Reserve will begin to hike interest rates.

TGR: In the December/January issue of Gold Newsletter, you said that at $1,380/oz. there was $100–$200 of pure speculation in the gold price. How much pure speculation would there be at $1,300?

BL: Not much. Frankly, I think the decline from $1,420–$1,320/oz. pretty much wiped out a lot of the speculative excess. It blew away a lot of the froth, and we’ve essentially run out of sellers. Just yesterday I issued an alert saying that gold appeared to be bottoming, but that soon—for some reason yet to be discovered—it would be ready for a rebound. I was thinking in terms of days, not necessarily hours. Come to find out, today [February 3] gold is up $20. I’ve likened the market, as it stands now, to a stack of dried tinder just looking for a flame. The gold market is looking for a fundamental spark to carry it higher.

TGR: But you see a lot of fundamental support above $1,300/oz.

BL: Absolutely. I think we have strong resistance in the $1,320/oz. area. That’s been established by previous corrections. I doubt there’s more than another $50 of downside in gold from these levels. There really isn’t much speculative fervor left in the market and not many sellers either.

TGR: How cautious should investors be about the emerging rebound in the U.S.?

BL: We’ve learned that anything can happen. The economic rebound, as it stands now, is not rock solid. It’s vulnerable to a number of exogenous shocks, globally and internally. But I don’t think we have the potential for a credit crunch like the one we saw in 2008. The Fed has demonstrated to the markets that it won’t allow that. If anything resembling such a situation occurs again, I think the resulting flow of money from the Fed, and the Fed’s track record from the last go-around, would lead to tremendous investment in gold.

TGR: Of all the ways the economy could go from here, what is the best- and worst-case scenario for gold?

BL: The best case for gold would be to muddle along with a bit of economic bad news here and there. That would signal the Fed’s intention to keep loose monetary reins on the economy and continue flooding it with more liquidity. Frankly, I think we probably won’t see that.

The worst case for gold over the short term would be major evidence of strong economic growth and a decline in U.S. unemployment. The Fed is watching the unemployment rate like a hawk. That will be the primary determinate of whether it decides to curtail quantitative easing 2 (QE2) and whether it decides to implement a third dose.

TGR: Were you in favor of the tax-cut measures invoked at the end of 2010?

BL: Absolutely. That was necessary for any prospect of an economic rebound. The tax cuts are one of the primary drivers of the strength we are seeing right now. We need these relatively lower tax rates to see some growth in the U.S. Just as importantly, it was necessary to get that question resolved and out of the way. The market hates uncertainty.

TGR: In the February issue of Gold Newsletter you discuss how the Bollinger Bands for gold often predict movements in the gold price. Briefly explain that concept to our readers, please.

BL: I’m not much of a technical analyst, but every now and then I find things that seem to be fairly compelling. This is one of them. Bollinger Bands are the lines that are drawn by, say, one standard deviation above and below a certain moving average. With my good friend Ron Griess at thechartstore.com, I have been tracking this technical indicator for some time. We noticed that when the Bollinger Bands for a moving average for gold start to pinch or tighten, it has historically signaled an impending price breakout. It works in other markets, as well.

In the February newsletter, we featured a 50-day moving average for gold and the associated Bollinger Bands, which began to pinch once again. There are a lot of ways to interpret this, but to me it signals that the market is figuratively coiling like a spring. When this happens, typically, there is a price breakout in one direction or the other. As in any consolidation pattern, that breakout is usually in the direction of the major long-term trend. With gold, especially over the last 10 years, that trend has been up.

TGR: So, when these bands contract, it signals that there could be a price breakout either to the upside or downside.

BL: Correct.

TGR: You also suggest there is evidence—from both a contrarian and a seasonal gold demand perspective—that gold should break to the upside. Can you talk about those two arguments?

BL: That’s a good way to put it. From a contrarian standpoint, the sentiment in the market has fallen severely. Some of the indicators, such as the Hulbert Gold Newsletter Sentiment Index (HGNSI), had dropped considerably recently while gold was still trading at fairly high historical levels. The market was primed, from a contrarian perspective, to rise. It wasn’t overbought by any means; if anything, it was oversold. From a sentiment perspective, that was a positive indicator for gold.

From a seasonal standpoint, we’re in the midst of the Chinese Lunar New Year celebration as we talk, which historically is a period of strong demand for gold in Asia. We’re also entering the Indian wedding season. Typically, springtime is a very positive period for physical gold demand, and that’s usually reflected in the price.

Ron Griess and I were discussing this the other day. He compiled the most comprehensive study of seasonality in gold prices that I’ve ever seen, and turned up some surprises. Looking at the average one-month percentage rise or fall in the gold price from 1968–2010, we see that January and February are strong months, as are April and May. I was surprised to see that March is typically a down month for gold. Summer is slow, as we know, and it perks up in August. The best month of the year, on average, has actually been September.

TGR: Let’s look now at some companies that may be able to capitalize on this potential movement upward. This month you recommended a junior with a gold play in North Carolina. Could you share that pick with our readers?

BL: I’ve recommended companies all over the world, but never one in the Carolinas. I was really unfamiliar with the area from a geological standpoint; but when I looked into it, I discovered a historic gold-mining district going back to the early 1800s. The problem has been fractured land ownership. There aren’t huge slabs of land available for the taking. It takes a lot of legwork and luck to assemble property positions, and now some companies have done this. Romarco Minerals Inc. (TSX.V:R) has done it in recent years, and made a 4.5 million-ounce (Moz.) discovery there.

TGR: With the Haile Gold Deposit in South Carolina, correct?

BL: Right. The company that I just recommended, Revolution Resources Corp. (TSX:RV), assembled a patchwork of individual land ownership into a leasehold that’s fairly extensive and covers some historic discoveries. Now it’s going back to confirm those discoveries with modern exploration methods. The company is getting good news—much better results than it expected.

TGR: The property had been examined by Noranda Inc. before, right?

BL: Yes, from 1989–1992. Noranda did about 3,000 meters of drilling and 23 drill holes. It got good results, but gold prices were low at the time—and falling. The company stopped work and it lay fallow until Revolution came in.

TGR: What makes this project—Champion Hills—worthy of a Brien Lundin recommendation?

BL: To earn my recommendation you have to have a couple of things: 1) A fairly low valuation starting out; and 2) A very large, world-class target. Revolution has both. The management team is also critical. I’m very bullish on this management team; it includes Michael Williams, who founded Underworld and started the whole Yukon gold rush. It also includes Rob McLeod. To my mind, there’s not a smarter geologist out there.

TGR: And Aaron Keay, who has the pull on the street to get the financing together.

BL: He really does. Aaron arranged $9 million in financing for Revolution, and it is well financed to explore the project for a couple of years. It’s gotten wonderful drill results. The trend right now is about 3 km., and they’re just scratching the surface of the project’s potential. I see this project as having world-class potential, perhaps even rivaling what Romarco uncovered.

TGR: What sort of news should we look for from Revolution in 2011?

BL: The best sort of news for a mining stock speculator is drill results. The company’s going to deliver a good bit of that to the market. Its next phase of exploration will encompass another 5,000m of drilling and another 22 drill holes. You’re going to get a steady diet of drill results—it’s a project that can operate 12 months a year. Nothing is going to slow this company down.

TGR: Let’s continue talking about new names involved in old plays or new districts. What names fit those criteria?

BL: Right now, I’m very positive on Treasury Metals Inc. (TSX:TML). The company’s got a bit over 1 Moz. gold at its Goliath Gold Project in Ontario. It’s going back to a previous discovery with new geological ideas and new funding. These are projects that weren’t working back when gold prices were much lower. Now Treasury is applying more advanced methods of exploration and development in a new environment for gold prices. It’s taken a fairly high-grade project, added in lower-grade surface resources and come up with a gold resource that’s over 1 Moz. at this point. The company is very well funded and has a great management team.

What’s been particularly interesting to me is that the play is in the Kenora Gold District, which hasn’t been as widely followed or developed as others in Ontario and in Canada at large. There are more than 20 companies and individual groups exploring in the Kenora area. Treasury has a central location, it will have central facilities and it has the largest resource. That makes it the natural choice to consolidate the entire district—and that’s actually in its business plan.

TGR: You talked about Treasury’s management, which has seen some changes. Scott Jobin-Bevans was president and CEO. The company hired Martin Walters, who’s got a pretty good reputation, and brought in another vice president of exploration. What do you know about those changes?

BL: I’ve been a big supporter of Scott. I know him very well and he’s taken the company a good ways. I think that the exploration and management teams are very impressive, and I think the financial and investment teams behind the company are just as impressive. Some very powerful interests in the mining industry are behind this company—people who can see the big picture and know how to go after large goals. As I’ve said, the consolidation of that district is a big goal and I think Treasury has the expertise and the support to reach it.

TGR: One of those names is Sheldon Inwentash at Pinetree Capital Ltd. (TSX:PNP).

BL: Yes and Marc Henderson is very big behind the company, as well.

TGR: What should we look for from Treasury this year?

BL: We’re looking for drill results, plus some refinement to the preliminary economic analysis (PEA). The original economic report was very conservative, so there’s tremendous scope to improve those numbers. Of course, the gold price will go a long way toward improving the economics of this and every other gold project. I think the market is starting to recognize this as a project that is going into production a bit quicker than previously assumed.

TGR: Could we see a revised resource estimate by year-end?

BL: It’s certainly possible, given that one goal of the current drill program is to upgrade the resources. The company’s trying to not only expand the global resource, but also upgrade its very sizeable inferred resources. That demonstrates to the market how serious Treasury is about progressing toward production.

TGR: What other companies are you bullish on heading into 2011?

BL: We’re fairly confident about strong economic growth in Asia and robust demand for commodities. Copper has been a big star recently.

Some of our copper plays have done spectacularly well, one of them being Hana Mining Ltd. (TSX.V:HMG). It recently reached a high of around $5.50/share, then went back into the low $4 range; now, it’s making an assault on its previous highs. We were, I think, the only newsletter to follow Hana Mining and recommend it. Our readers had a 15-fold gain in that recommendation.

Now another company has been spun out of Hana, called New Hana Copper Mining Ltd. (TSX.V:HML). New Hana’s property is also in Botswana, adjoining Hana’s Ghanzi property. The geology and geophysics are identical. It’s still early, but a number of people are betting that this company will end up having a deposit of similar size to Hana Mining’s Ghanzi deposit, which is an enormous, world-class copper and silver deposit. New Hana is actually a bit highly priced and a bit overvalued, in my view, for what it has. The company’s trading around $1/share right now, but I anticipate that the release of a private placement that was done in early December 2010 may change things. In early April, the stock will become free trading. I see that as a potential entry point.

TGR: Did some of the management team come over from Hana to New Hana?

BL: Hana Mining President Marek Kreczmer is steering the ship at New Hana, as well. That’s an example of one of the things I recommend companies do: When you have a major project that is the linchpin for all the market value, you might as well take the other projects that aren’t getting as much value and spin them out into other publicly traded vehicles. That gives shareholders another bang for their buck.

TGR: It’s certainly a pretty frothy market for copper, which recently hit $10,000/ton.

BL: Copper is trading at record levels. Although I’m very positive on copper prices for the long term, I am concerned about some overexuberance in the market right now.

TGR: So, temper that enthusiasm and wait on New Hana in April.

BL: Right. One of the early stage companies I like is Tintina Gold Resources (TSX.V:TAU). It has a very exciting copper project in Montana called the Sheep Creek Copper Property. This is another property that had historic results that it’s going back to confirm. The company is drilling off pods of mineralization that are high grade, shallow and fairly small in terms of tonnage—but also fairly large in pounds of copper, thanks to the high grades. The interesting thing is that, if they are developed, they’ll be high-grade underground copper mines. All the economics and the grades look very conducive to development. Tintina is going to advance toward development very rapidly. I don’t think the market has really appreciated the company’s potential at this stage.

TGR: Is there gold in that mineralization, or is it strictly copper at Sheep Creek?

BL: It’s really a copper/cobalt project with some silver credits that could be sold off in advance to help fund the project’s development. But the company also has some other interesting gold and base metals projects, which it’s in the process of spinning out into a separate company or companies. In other words, this is another instance where investors may again have a chance to get a couple of different plays—or different lottery tickets, if you will—out of one stock investment.

The chairman of Tintina Gold is Rick Van Nieuwenhuyse. He’s also the chairman and CEO of NovaGold Resources Inc. (TSX:NG; NYSE.A:NG). As you can imagine, the company has some very strong shareholders.

TGR: Rick has done a great job of developing a world-class gold deposit at Donlin Creek in Alaska, but Montana isn’t very friendly to gold mining. How friendly is it to copper mining?

BL: I’d be worried about that, too, if we were talking about the kind of project that would scar the landscape. But you’re dealing with private landowners here. You’re dealing with a project that would be an underground, high-grade mine with little surface disturbance. I don’t anticipate it being a problem.

TGR: Good to know. Can you give us one more name before we say goodbye?

BL: I like Gold Standard Ventures Corp. (TSX.V:GV; OTCQX:GDVXF), which has the Railroad Project in Nevada just south of the Rain Mine Project. It tied up a fairly large property position with some historic resources in the Rain District and just to the south. Vice President of Exploration Dave Mathewson was a former head of exploration for Newmont in Nevada. He developed the Rain model and discovered several deposits in the Rain District. Gold Standard’s management was able to secure its property position through some creative negotiation and, frankly, some good luck. Then they brought in Mathewson to apply his expertise.

Mathewson was looking for the right rock packages in the area, and the company hit those in its first drill holes this year. It didn’t get results that really pleased the market; they were fairly low grade. But the fact that it was able to hit gold intersections of, say, sub-1 g/t or around 1 g/t, over significant intersections in the right rock packages was a resounding technical success.

Right now, Gold Standard is vectoring in its drilling, closing into the projected higher-grade mineralization. It’s getting stronger and stronger results. This is a sleeper stock because the market doesn’t appreciate its technical success. There’s a very good chance that Gold Standard could uncover one of those really large-scale, world-class Nevada gold deposits that the market’s always looking for.

TGR: Given the number of other players in that market, is there a chance that Gold Standard could be taken over if it finds something significant?

BL: Oh, absolutely. Although Gold Standard would never say this, in my mind, if it made a discovery on the order of the Rain Deposit, there’s little chance it would be the company to develop the deposit.

TGR: Could you leave us with some thoughts on what’s happening in the gold market, and what people should expect over the next three to five months?

BL: I think that 2011 is likely to shape up as a very typical year for gold. We’re quite likely to see early seasonal strength this spring, but this will probably be another “Sell in May, Go Away” year. Later this year, as we begin to see more positive economic data in the U.S., that news will weigh heavily on gold. We’ll probably have a decline going into June and July, but I think we’ll see signs of growing price inflation ahead of rising interest rates by the fall. Essentially, I think it’s a case of play the market in the spring, get ready for a soft patch in the early to mid-summer and make sure you’re positioned in early August for what should be a very profitable fall.

TGR: Excellent, Brien. Thank you for your time.

With a career spanning three decades in the investment markets, Brien Lundin serves as president and CEO of Jefferson Financial, a highly regarded publisher of market analyses and producer of investment-oriented events. Under the Jefferson Financial umbrella, Brien publishes and edits Gold Newsletter, a cornerstone of precious metals advisories since 1971; he digs into not only small caps of every type but also macroeconomics and geopolitical issues that ultimately affect every resource investor. Brien also hosts the New Orleans Investment Conference, the oldest and most-respected investment event of its kind that, each year, gathers together the giants of investing, economics and geopolitics.

Who is Voting for a Correction Then?

The signs are clear; risk is overloved, overbought and overextended but does this necessarily spell the inevitable correction?

(click for larger image)

Since Augsut 2010 the SPY has barely touched its 50 day moving average. Indeed, it has stayed well clear of it. Those, like yours truly, who entered 2011 fancying some bloodletting have so far been disappointed.

Plan B Economics points to the obvious that often times in the world of investing, a choir chiming for an event to unfold is the best bet that it will not occur.

I’ve had a pretty good sense in the past knowing when the “correction” trade is overcrowded. I gotta say that I definitely sense that now. Bulls are on guard for a correction and bears are calling for one too. In fact, I’ve never seen such a unanimous call for a correction as I do now in a long time. Near the low of the day I saw a headline from bigcharts.com that said some portfolio manager claimed the January correction has started. The market didn’t even go in the red for the year yet and this guy’s already saying the correction has started? Talk about being over-eager. I believe this group think call for a correction means that a correction either won’t happen or will be quite shallow, well below expectations.

As a good friend of mine noted; this is like second-guessing the second-guesser. Market timing is best performed when frontrunning the crowd, not standing in the middle shouting like everyone else. On the technical side, I would like to see two (or three) straight days of declines in the SPY before calling it.

The more interesting point is how deep (or shallow?) it will be. A move to the 50d ma marker would be something like 4.15% and come at around 1221 at current levels. Sounds about right to me.

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Appropriate Regulatory Structure for Development

A. D. Shroff Annual Public Lecture, by C. B. Bhave.

It is a great honour to be invited to deliver the A. D. Shroff
Annual Public Lecture. Mr. A. D. Shroff was an outstanding
financial thinker and a practioner who took great interest in
organisational and ideological issues. He was known to express his
views in a candid manner and without any fear of the consequences of
such expression. Regulators have a reputation of not speaking much
and if they do speak then not saying much. I will try to strike a
balance between Mr. Shroff’s forthrightness and regulatory
reticence.

Costs and benefits of regulation

The world has gone through very troubled times in the last three
years. Unbridled growth and development in the financial markets is no
longer an accepted article of faith. Deregulation in developed markets
resulted in excessive leverage being built by large institutions, and
financial innovation being used more to hide risk than create real
value. This inevitably led to a crisis and the cost of repair is
being borne by the tax payer and the economies in general.

Those who are bearing the costs are, in a substantial measure, not
those who reaped the benefits of unchecked growth. In the event, there
is no support for development without regulation. For orderly
development, regulation is a sine qua non. Notwithstanding the
fact that regulation is a must for orderly development, we still need
to enquire and debate what constitutes an appropriate regulatory
structure. We need to debate issues around this especially in the
Indian context.

At the very basic level, regulation means restraint and restraint
is a hindrance. Thus any business subject to regulation does pay a
price whether the regulation is voluntary or imposed. The question is
not whether regulation will come in the way of development but whether
the price we pay by accepting regulation is worthwhile or not.

Three kinds of regulation

If we look at various sources of regulation one can roughly say
that there are three reasons why business entities agree to regulate
their behaviour even though it does make them pay a price for such
regulation or restraint:

  • The first source of regulation arises from the fact that the
    commercial entity interacts with the outside world, suppliers,
    customers, financers, shareholders and so on. There are certain
    norms by which the entity decides to bind itself irrespective of
    whether there are formal rules and regulations or deterrent
    punishment for deviation from norms exists or not. No trader can
    repeatedly violate his contract even if oral, with either his
    customer or with his supplier. It will simply render his business
    impossible. One can call this self regulation at its most basic
    level with the source of discipline being the market place. The
    market place simply does not deal with you if your behaviour is
    substantially out of line with basic norms and we don’t need the
    force of law here to enforce such norms.
  • As a second source of demand for regulation one can look at
    situations where entities engaged in a particular business activity
    may decide to come together and conclude that certain norms of
    behaviour are not adequately discouraged if the entire thing is left
    to the individual entities. Yet, the group feels that such norms
    need to be in place for the overall development of their
    business. Since such voluntary groupings of entities do not enjoy
    the force of law they may decide that any behaviour against the
    agreed rules of behaviour will be punished by making the concerned
    entity lose the membership of that group. Trade Guilds, clubs, the
    early form of stock exchanges are examples of this. This form of
    regulation is commonly known as self regulation. This self
    regulation is not regulation of activities by the entity by itself
    but is the regulation of the entity by a common interest group of
    which that entity has agreed to be a member. For such a grouping to
    succeed, individual members must be able to see the benefits of
    membership. The price of being expelled from membership should be
    high enough to ensure behaviour as per the commonly agreed norms by
    the group itself. Our experience in India has not been entirely
    satisfactory in this area. Nevertheless, we need to continue our
    efforts at establishing credible self-regulation.
  • That brings us to the third category of regulation which is
    regulation enforced by law. The argument in such cases appears to be
    that the activity of entities in a particular area of operation
    affects the lives of more than just the member entities. In other
    words the society has a stake in ensuring that the entities conduct
    their operation in a manner that is acceptable not just to those
    entities but to the society at large as well. The discontentment with
    financial meltdown is very aptly captured by the expression
    `privatisation of gains and nationalisation of losses’. This sentiment
    is also a reflection of the fact that there are stakeholders outside
    the universe of finance who suffer if finance is not regulated.

The interplay between self regulation and regulation by the
authority of law has been a subject of interesting discussion not only
in the area of capital markets but in other fields as well. Self
regulation is generally considered desirable since it is made by the
entities themselves and therefore,it is considered more business
friendly. Equally there are arguments that there are not sufficient
incentives in self regulation to put the interest of other
stakeholders before the interests of the participating entities. In
addition self regulation lacks the ability to enforce its rules beyond
depriving the member concerned the membership of the group. If a
significant group decides to violate norms the self regulatory
structure can become unsustainable and only the backing of law can
sustain such activity.

In different jurisdictions, efforts have been made to make the
deterrent actions of self regulatory organisations stronger by
granting such organisations `recognition’. However, difficulties arise
if more than one organisation wants to be recognised as a self
regulatory organisation for entities in the same area or business. In
other words if the entities split and form multiple organisations, all
of which seek recognition as self-regulatory organisations, the
situation is not amenable to an easy resolution. Notwithstanding the
various forms of self regulatory organisations and the different
degrees of strength and their deterrent actions, it is commonly
accepted around the world that self regulation alone is not sufficient
and an apex regulatory body is necessary.

The functions of the regulator

Regulation with the backing of legislation is administered either
by the Government itself or their autonomous statutory regulatory
organisations. While the model of Government being a regulator itself
has been tried in the past,the modern consensus is to have independent
and autonomous statutory regulatory bodies. In the wake of the
reforms undertaken by the Government in 1991, SEBI legislation was
passed by the Parliament in April 1992. SEBI has been created as an
independent statutory body.

What are regulators expected to do? Regulators set rules for
conduct of market entities, the manner of conducting business, and
even the tariff to be charged in certain cases. Regulators may also
lay down norms for entry as well as continuity of business for
entities. It is thus apparent that regulators can enjoy powers in the
area of rule making for entry / exit regulation, conduct regulation,
tariff regulation, and risk containment regulation.

Regulators not only set rules but are also required to keep an eye
on the compliance of these rules. They therefore, end up setting up
an elaborate mechanism for ensuring compliance. If despite this, the
rules are breached then the regulators are charged with the duty of
carrying out necessary investigation and enforcing these rules by
adjudication.

The question of autonomy of the regulator

The list of responsibilities is fairly onerous and since the
regulators combine in themselves the roles of rule making (legislative
role), administration of rules and investigation if breach of rules
occur (administrative function) and adjudication (judicial function),
it is necessary to pay careful attention to the governance issues of
regulators. It is an accepted principle that regulators need to be
autonomous in discharging the duties laid down by law. A regulator,
subordinate to or dependent on the executive wing of the Government
will not be in a position to do proper justice to its duties.

Autonomy is not only a matter of creating appropriate structures
and legal provisions but also a matter of perception. Regulatory
structures in India are in different stages of evolution and therefore
the thinking on autonomy and the perception of autonomy has not yet
fully crystallised.

The Reserve Bank of India as a regulator has been in existence for
more than 75 years and therefore, the relationship between the
executive branch of the Government and the RBI is far more evolved
compared to the relationship of regulators which are of more recent
origin. SEBI is in its 19th year and stands somewhere in the middle of
regulatory evolution: it is more evolved compared to the regulators
that have been set up in this century but has lesser history when
compared to the Central Bank.

The first Chairman of statutory SEBI, Mr. G. V. Ramakrishna, once
famously remarked in the early days that brokers of BSE should know
that the route from Dalal Street (BSE) to Mittal Court (the location
of the SEBI head office, then) is not via the North Block (Finance
Ministry, Delhi). The brokers at that time had not got used to the
idea of a regulatory body having been formed which would independently
set regulations. Capital market regulation was part of the Ministry of
Finance functions till the formation of SEBI. They therefore had a
tendency to run to the Government for every little problem.

The tension between the executive branch of the Government and the
regulatory bodies is not a phenomenon only during the early stages of
regulation nor is it peculiar to India alone. Both the regulators and
the executive need to nurture this relationship in a manner that
reinforces regulatory autonomy. It is not easy for the executive to
deal with this especially when the very powers that were exercised by
the executive are transferred to the regulator. It is imperative in
this context to make sure that there are adequate supportive
provisions in law and the rules to support the autonomous character of
the institutions.

To maintain the autonomous character of the institutions and its
independence from the executive one needs to start at the process of
the appointment and the terms of removal of the Members of the
regulatory apparatus. Interestingly, the framers of the Indian
Constitution saw the importance of this aspect in institutions such as
the Election Commission, the Higher Judiciary namely High Courts and
Supreme Courts and the Comptroller and Auditor General of India. The
Constitution makers were very careful in providing for the conditions
for removal of persons at the helm of these bodies even while
recognising that the appointments will be made by the executive. These
autonomous institutions have served India well. The prolonged tension
between the Election Commission and the other organs of the Government
is an example of how constitutional protection delivered a powerful
and autonomous Election Commission which admirably served the cause of
democracy.

The regulators do not enjoy protection in terms of the
conditions under which their services can be dispensed with by the
executive. In fact the regulators are at the other end of the spectrum
in terms of provisions for their removal. In SEBI, the Members and
the Chairman are appointed for a tenure of certain number of years or
until further orders whichever is earlier.

A tradition has been established that regulators are not removed
from their jobs as easily as the functionaries in the executive
itself. There is no known example of the executive having resorted to
the clause `until further orders whichever is earlier’ to remove the
functionaries of the regulatory organisations. Whether it is
sufficient to rely on tradition or whether we need a better legal
mechanism with checks and balances needs to be debated, so that this
important aspect of governance is not ignored.

A vital component of autonomy is financial autonomy. In case of
SEBI and some other regulators such as IRDA this autonomy was built
into the legislation by way of providing that such authorities will
establish a separate fund into which the fees paid by the market
intermediaries will be credited. Such funds are to be used by the
authorities for discharging the functions entrusted to them by
law.

Currently there is a line of thought – as you must have all read in
the media – that the regulatory authorities should not be allowed to
have funds of their own but these funds should be merged with the
Consolidated Fund of India. If the Government finally accepts this
line of thinking, substantial damage will be done to the autonomy of
regulatory institutions. If the regulators have to depend on the
executive for release of funds the question of independent behaviour
by the regulators would be jeopardised. It is necessary to carefully
consider the pros and cons of taking away financial autonomy from
regulators.

The function of investigation in case of breach of rules is an area
that hinges in a vital manner on autonomy from the executive wing.
Regulators by the definition of their responsibility have
investigative wings. This function has come under increasing judicial
scrutiny and the movement of the last 15 to 20 years has been to free
the investigation function from the possibilities of influence by the
executive.

The CBI is a case in point. Under the direction of the Supreme
Court the supervision of this institution is with the Chief Vigilance
Commission which in itself is an independent statutory authority. I
would therefore, argue that regulatory autonomy vis a vis the
executive wing of the Government is not only necessary but is
essential.

The question of accountability

Any governance structure based on autonomy must also look into the
question of accountability. Since regulators have multiple roles, part
legislative, part administrative and part adjudicatory, the
accountability in the three areas is handled in different ways.
Regulators are creatures of law and the ultimate supervisory authority
of the Parliament to assess whether the regulators are discharging the
functions assigned to them is supreme.

The Comptroller and Auditor General of India is empowered under the
regulatory provisions to audit accounts of the regulators and submit
reports to the Parliament to help the legislative in its
assessment. In addition the regulators are required to prepare an
annual report on their activities and lay it on the table of both
Houses of Parliament.

The adjudicatory function of the regulators has been treated
differently and by its nature has to be a subject matter of
supervision by judicial bodies. A mechanism in the form of Securities
Appellate Tribunal headed by a retired High Court Judge and an appeal
provision to the Supreme Court of India forms an integral part of SEBI
legislation.

The rule making powers of SEBI are supervised by the
Parliament in order to ensure that the rule making is confined to the
powers granted by the Parliament to the regulators. If a regulator
exercises power beyond the permissible limit of legislation, the rules
can also be challenged in the courts of law.

In the rule making function the regulators do interact with the
executive branch of the Government. The executive wing of the
Government will have legitimate imputs into the rule making process
and a fine balance is required between the need for autonomy and the
need for harmonisation. This is achieved through the presence of
Government representatives in the Board of SEBI.

Conclusion

In conclusion, it is quite clear that attempts at unregulated
development not only in a particular sector but even in small
sub-sections of sectors have failed. The failure is mainly because
such development ultimately leads to crisis. The cost of resolving
such crisis is high and the burden of the cost is borne not just by
those who benefited from the development but a large portion is borne
by those who were not part of the recipients of the benefits. Clearly
the collateral damage is very high.

The question is, therefore, not so much as to whether development
and regulation are in conflict as the quality of regulation that will
enable us to find a balance between the needs of development and the
need to keep the risk-reward relationship appropriate. It is
necessary to carefully think and design proper regulatory structures,
ensure regulatory autonomy and make sure that there are checks and
balances in the system to address the concerns of accountability as
well.

Thank you.

Strong Retail, Healthy Housing Report Net Rising Stock Averages

Two new reports on Thursday added additional good news to that already reported Wednesday.

Strong retail sales and a healthy reading on the housing market further boosted investor confidence in a recovery that is finding its footing and starting to fire on many cylinders.

Monthly sales volumes from individual department, chain, discount, and apparel stores are usually reported on the first Thursday of each month. This month, that report registered a surge in retail sales for November. Gains appear across the spectrum of stores: big to small, high-end to low-end, general merchandise to apparel.

Year over year sales gains for these stores have now shifted from the low to mid single digit percentage gain to the mid to high single digit percentage gain. Today’s results combined with yesterday’s strong report for vehicle sales points to a U.S. consumer is solidly participating in the recovery.

And on the housing front, the pending home sales index jumped 10.4 percent in October to indicate gains ahead for existing home sales. The index at 89.3 is up 18 percent from its post-stimulus low in June. Low home prices and low rates appear to be stimulating demand. The Pending Home Sales Index is a leading indicator for the housing sector, based on pending sales of existing homes.

In response to these additional pieces of good news, the Dow Jones industrial average rose 106 points. Combined with the 249-point gain Wednesday, the index has now had its best two-day run since July 7-8.

Where the market will go from here and the stock market trend in 2011, is of course anyone’s guess.

Enjoying Melt-up Day … ?

There aint nothing as a good short covering/melt-up rally day. The market has been in a flux the past weeks, but yesterday’s move proves, I think, that the upside surprise is much stronger than the downside and that the equity still wants to grind higher unless the world really(!) falls apart. On the flip side we are still some way below earlier highs and in this sense, it is very un-impressive. But the Bernanke put is very strong here. Good economics data at the zero lower bound is consequently completely cleansed of risk that it will lead to higher interest rate expectations since no one believes that Bernanke will raise interest rates anytime soon, nah strike that, ever!!

As FT Alphaville latches on to, the market is now trying to play the same game of chicken with the ECB and this time, the stakes are higher. Basically, you want higher equities we can deliver, but if you disappoint we will huff and puff your pretty little house down and all those small piggies will be left without shelter. So, does the ECB plan to deliver then. Well, it seems to be a good idea to cover any short on that prospect alone but on the other hand, Trichet et al would be prone to sticking it to the market just for the sake of it even if the macro backdrop leaves them with the last policy option available.

So, lads and lasses … make your bets!

GM’s IPO: A “Smart” Investment?

I finally came around to reviewing some of last week’s news regarding GM’s successful IPO. While this had obviously led to the usual and expected, self-congratulatory verbiage from President Obama and his political allies, others had expressed a bit more caution, and rightly so. With GM stock closing at $34.50 last Thursday (November 19), some members in the media, such as Reuters, were quick to remind readers that this was still way below the $53 needed for the government to finally recoup its investment, of which a sizable $9.25 billion (about a “37 percent stake,” according to Steve Calogera at egmcartech.com), remained. And it was not clear when that will occur. Meanwhile, that same day, Mat Phillips over at the WSJ’s Marketbeat, reported a CRT Capital recommendation of GM as a “buy,” projecting the price at $45-an encouraging sign, no doubt, but certainly not enough to satisfy critics who have raised questions about the validity and necessity of such large-scale government bailouts, not to mention that GM stock at this price would still be $8 less than the “break even” point. It is obviously a bit premature for Obama to crow about the “success” of this initiative, and it remains to be seen to what extent the government should put up such large sums in the name of “saving U.S. industry and jobs.”

An AP article published in TBO.com, referred to a Center for Automative Research claim that this financial rescue of two of the Big Three automakers (the other being Chrysler) “saved” about 1.4 million jobs, covering the two year period of 2009-2010, but at the risk of billions in taxpayer funds. GM alone received $49.86 billion, according to Reuters.

However, unless both companies generate sufficient and consistent, growth and profits over an extended period, the bailouts will represent nothing more than billion-dollar, money-draining, taxpayer funded subsidies meant to insure that certain political entities will reap huge benefits come election time.  Only the most optimistic and perhaps naive, observer could claim that this IPO represents the vindication of a policy, that has yet to convincingly prove itself.

The Real Stock Market Chart for 2009, 2010 (and 2011?)

You may remember our famous chart that predicted the bottom for the bear market of 2007, 2008 and 2009 and then predicted the ensuing bull market to follow.

The methodology was simple. Compare a stock chart from the bear market of 1973 and 1974 with that of recent bear trends of 2008 and 2009.

The downward similarities were so striking that one would be led to believe that what happened next in the market in 1975 and 1976 would be a good prediction for what would happen in 2009 and 2010…

And what a prediction it has turned out to be. We published the chart three (3) days prior to bottom of the bear. We joked that we had no idea what would happen next and then showed the chart for the bull run of 1975 and 1976.

Since that chart was published, the graph has turned out to be the most visited page every day on The Good News Economist blog from that day back in March of 2009 until the present day!

So what did actually happen? Here you go… Look familiar?

Any guesses on what the 2011 chart might look like?  (Hint:  Take a peek at 1977)

Charts Source:  Google Finance

Signs of Life in Stock Lending

I wrote a column in the Financial Express today about the first signs of life in stock lending. This is one of the last building blocks of the ecosystem of the equity market.

Also see: Mobis Philipose in Mint on 13 September.

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Interesting Readings for September 17, 2010

South Asia’s Geography of Conflict by Robert D. Kaplan.

A big black eye for India’s attempt at being a democracy. Also see Devangshu Datta in the Business Standard on this.

Interesting survey evidence in the India Today about how voters are starting to see the UPA differently. Focus on the graph in
there. And here is the main story by Ashok K. Damodaran.

Nitin P. Shrivasatava, writing in DNA, says that we may finally have cracked a working mechanism to borrow shares in
India. If this is the real thing, it’s a big step forward for the equity market: a good stock lending mechanism is the last
piece of a well functioning stock market which was absent in India. Also see Mehul Shah in the Business Standard on co-location at
NSE. Maybe we’re finally breaking through some of these limits of arbitrage.

The two decade gap, by Ila Patnaik in the Indian Express.

Did you know that Saudi Arabia matches India’s achievements on higher education.

Jayanth Varma says that a lot might be going on in terms of INR trading outside India.

I updated my India bookshelf page.

Eric Bellman in the Wall Street Journal about the growth of McDonald’s in India. Apparently a new outlet in Bhopal has been
getting 10,000 visitors a day.

T. N. Ninan, writing in the Business Standard says we should move to the metric system with million, billion and trillion. I agree! GDP is Rs.55 lakh crore or Rs.55 trillion.

The 9% question by Akash Prakash, and Somasekhar Sundaresan in the Business Standard, on India’s middle income trap.

Shaji Vikraman in the Economic Times on the outlook for SEBI.

Amit Tripathi in the DNA has a story about Bharti Airtel starting a price war in Kenya. Once a telecom firm has learned how
to sell at Indian-style prices, it is ready to compete with telecom firms anywhere. Also see.

William Neuman has an article in the New York Times, which made me think about the appropriate role of the State, and what are
actually public goods, in the field of health. Translating $0.14 into rupees yields Rs.6.5 per hen, which is feasible in India, and
I’m sure that Indian drug companies would be able to get to lower pricepoints.

Skin by Mark Jacobson in the New York Magazine.

Patrick Chovanec speaks with Christina Larson in Foreign Policy, giving a glimpse into one of the last three communist
countries in the world. He closes with: We look back now and it seems inevitable — the fall of the Berlin Wall, China opening
up — but it wasn’t inevitable. I’m grateful to be able to go home at the end of my trip, and I’m grateful for the people whose
convictions and sacrifices made it so this kind of place is an anomaly in today’s world, and not the rule.

The frontiers of computer warfare, by Fredric Paul in InformationWeek.

The great writers of the 21st century: Jonathan Franzen, David Foster Wallace.

Tim Harford in the Financial Times on the attacks on economics.

A rumination on creativity by Jonathan Lethem, in Harper’s Magazine.

See this book review of Mao’s Great Famine (Frank Dikotter) by Jonathan Mirsky, in the Literary Review.

Read this great interview with Tom Sargent. In particular, the chunk about how high microeconomic turbulence interacts with the welfare state to generate high and persistent unemployment.

Holman W. Jenkins in the Wall Street Journal on Google.

Fred Brooks in the New York Times on how little we worry that we are wrong.

An interesting book: Better living through Economics, edited by John J. Siegfried.

Lawrence Lessig in the New Republic on the difficulties of using a government (through copyright law) to make information
excludable.

David Pogue in the New York Times on the brilliant work at OpenDNS.

Patricia Cohen in the New York Times about the world of academic publishing that lies beyond peer review.

Sideways?

Perhaps it would be a good time for investors and analysts alike to lean back and have a good bottle of Pinot Noir and let markets be markets. Surely, with the likes of Hindenburg Omens still getting its share of the tape and with the macro backdrop turning decidedly sour, it seems a prudent momen to kick back and just accept risk-off as it is.

And indeed, the macro backdrop had been awful lately. Both real economic and housing activity in the US have resumed their downward path, in Europe Ireland got a knock by the S&P, and in general hitherto positive voices have either retreated into the rabbit hole or turned very cautious. Basically, after leafing through a lot of independent as well as buy/sell side research I am pretty convinced that analysts and investors are in brace yourselves mode since they are all frontloading  the recession/double dip theme; “You know, it MIGHT happen but we still don’t think it will and even if it does happen, it is still a low probability event”. This is called covering your a” and the fact that many research houses who were formerly sure that the US would see no douple dip are now backtracking. Of course, this is understandable given the underlying change in the flow of economic data as well as of course markets have been in obvious risk-off mode lately.

The only real straw which we are pinning our hopes on at the moment is that the Fed will step up and pull another trick out of QE-hat or that somehow Germany is going to save the world (and here). On the former, Tracy Alloway poured some cold water on that idea today and on the latter, someone forgot to tell these people that Germany actually depends on others to get their growth. We can always look to emerging markets someone would say, but the problem here is that momentum in H02-10 is almost certain to falter. I am not talking about recession of a slump but in relative terms and as the OECD still struggles to find even a positive rate of trend growth a slowdown in the emerging world will make itself felt.

For investors then, it seems that short of staying nimble and trying to scoop up some value as the market corrects lower, there is always the US bond bonanza to dig into. Now, I know that bonds look overbought and that yields are at all time low, but just understand that bonds may very rally even more and yields slump further. The suggestion made recently by David Rosenberg that the US yield curve might actually flatten from the long end is very important in my opinion as it indicates how the Fed is likely to continue intervening in this market. I recently asked a friend of mine what he thought of all this and he returned the following quote form a director of a fixed income strategy outfit;

Suppose the Congress controlled the production of all the lemons in US. Then assume the Federal Reserve decided that it was going to use its balance sheet to buy lemons as a means of adding liquidity into the market when times were tough. While the government ramped up lemon production during tough times, the Fed not only bought most of those lemons, but sent out a clear message that it stands ready to buy a whole bunch more lemons if the economy falters.  Finally, suppose that the government started changing the rules and regulations forcing financial institutions to hold more lemons rather than limes – as lemons were deemed the only safe fruit. What happens to the price of lemons? The answer is a 2.50% 10 year note!

These are not “market prices”. The Congress, Fed and Treasury are controlling the supply, demand and the rules of the game in the US government bond market. And make no mistake – lemon production is ripping higher. Eventually people will realize there are not enough Corona bottles to stuff those lemons into and there will be lemonade all over the streets. Until then, please remember that this will go down as one of the greatest examples government price control and manipulation in history. Maybe soon we will be lining up at 15th and Constitution in DC – at the doors of the Treasury on odd and even days depending on our birthdays – in order to buy limited supplies of those precious lemons!! There is a great book by two gentlemen from the Hoover institution. The stories span 10,000 years but they all have one thing in common – when governments distort asset prices, bad things happen. It is an easy and fun read. I encourage you to grab a copy.

Finally, it has been a humbling summer watching 10 year rates move to these levels. I remain steadfast in the view that we are at least 75 to 100bps expensive in long term rates. But with the supply, demand and rules fixed by the Fed/Treasury/Congress Troika, I probably should have been more prepared for this – mea culpa. In any case, I’ll fall back on one of the better calls we have had and that is in MBS space where price manipulation is just as rampant. In fact, we can see that as the Fed has decided not to treat MBS like lemons anymore, they were quickly turned to lemonade. Once again my market screens are all red in MBS – days with 5yr futures down 5 tics and FBCL6.5s down 11 tics are amazing to watch. The 5.5/4.5 swap which peaked at 5-15 has fallen to 2 points since April. There is a lot of pain in the MBS world and it may be a good preview to what happens when government price manipulation schemes unravel. Good luck trading!

On this note, the only thing risk lovers can reasonably hope for on the back of the current macro picture is that markets move Sideways from here.