But the recent collapses of Westpoint, followed by Fincorp and
Australian Capital Reserve have shown it is clear investors, who
plunged about $1 billion into them, need better guidance on how to
evaluate risk.
It's equally clear that promoters need to be blasted out of
their "anything goes" free-market mentality.
The result is a new guide from the commission aimed at bringing
promoters into line and providing more safeguards for
investors.
It is a good guide with eight benchmarks to show investors what
they should look for before they plunge their retirement nest eggs
or other savings into debentures or unsecured notes.
For promoters, the benchmarks must be observed or they risk
attracting the regulator's attention.
If observed by both parties, it is less likely that more money
will be sunk into property-based fixed-interest sinkholes.
The main message from the new guide is that there has to be a
shift of focus from glowing returns to the risk taken to get that
return.
It is clear that if first mortgage borrowers were prepared to
pay 15 per cent for borrowed money, any investor getting paid
between 7.5 per cent and 9.5 per cent for less than first mortgage
security was not being adequately rewarded for the risk taken.
While the promoters are facing tougher rules, investors who are
contemplating debentures and fixed-interest offerings need to read
the prospectus to flush out the information they need to make an
informed decision. The benchmarks in the commission's guide
include:
* Whether the promoter has equity capital invested in the
business. The minimum equity component should be at least 20 per
cent for property development projects and 8 per cent for
non-property.
* There should be at least three months' cash flow available to
pay interest as well as be able to return the capital of exiting
investors.
* Automatic rollovers are one way promoters lock money in. If
investors want to avoid having money automatically reinvested, the
issuer should state in the prospectus what happens at the end of
the investment term. Notice periods should be sufficient to allow
for decision making.
* Credit ratings give an indication of the risk of not getting
money back, as assessed by independent assessors. Any credit rating
lower than BBB - which indicates moderate credit quality - means
investors are stepping into speculative, highly speculative and
high-default risk territory.
* Loans should be spread among diverse borrowers and avoid
concentration in the same geographic location. Loan size, number,
proportion in arrears or default and whether they are secured or
unsecured, are critical.
* All related-party transactions should be closely scrutinised,
as the risk with such loans is that they may not be made with the
same rigour and independence as transactions made on an
arm's-length basis.
* Property valuations are critical - how often they are made,
are they from one valuer or a panel, what is the loan-to-valuation
ratio and on what basis are properties valued. Care should be taken
where valuations are made on a purely "as if complete" basis and
where the project has not been commenced.
* The loan-to-value ratio for property development projects
should be no higher than 70 per cent of the latest "as if complete
valuation" and 80 per cent for other types of investments.
For more information about the benchmarks see
www.asic.gov.au.