What's a debenture? You've probably seen ads
for products offering interest rates that are much more attractive
than your standard bank account or term deposit. Not all of them
are for debentures but many are.
A debenture is simply a debt investment. By buying the debenture
you are lending money to the issuer for a specified term and
interest rate. So like any other lender, you want to know who is
borrowing your money and what the odds are of them meeting their
obligations. Despite the fact that debentures are often promoted as
safe investments, their recent track record has been woeful. Over
the 18 months to September, 15 issuers managing more than $900
million of investors' money were placed in external administration,
according to the Australian Securities and Investments Commission.
Most investors are expected to get some of their money back but
that's hardly a ringing endorsement.
Investors are voting with their feet. Since June 2006, ASIC
estimates the money invested in debentures has more than halved.
But the regulator estimates debenture investments were still close
to $17 billion last December, with about $4.6 billion invested in
unlisted, unrated debentures (arguably the riskiest) in September.
ASIC released its second review of this part of the market last
month and found that while retail investors were being told more
about the true nature of these investments, investor protections
need further strengthening.
Why are those debentures more risky than
others? Because they do not carry a credit rating (for
what it's worth) and are not subjected to the scrutiny of the
listed market, there is greater potential for investors to be
misinformed or under-informed about the risks of unlisted, unrated
debentures. You're also relying on the issuer to give your money
back as you can't trade the investment on an external market if you
want to get out.
That's not to say that you shouldn't still take the time to
understand the risks of listed, rated debentures but extra care
should be taken with the riskier offers.
So what should I look out for? First up, don't
take those attractive ads as gospel. ASIC reveals it took
regulatory action against 11 issuers due to concerns about their
ads. Further issuers were given a gentle "reminder" about ASIC's
advertising policy. As with any managed investment, if you're
considering investing in a debenture, you should get a copy of the
latest product disclosure statement and find out who the issuer is
and where your money is going.
As a result of earlier changes, ASIC now requires issuers of
unrated, unlisted debentures to disclose information against eight
benchmarks such as the level of equity capital (the minimum
standard is 20 per cent for property development and 8 per cent for
other lending), liquidity, rollovers (what happens at the end of
the investment term) and the existence and terms of any credit
ratings. If the issuer lends your money on to other parties, it
must meet minimum disclosure standards on the diversity of loans in
the portfolio and any dealings with related parties. If the issuer
is involved in property lending or uses your money to invest in
property, it must also disclose the nature of valuations and
loan-to-valuation ratios. If lenders don't meet the minimum
disclosure standards, they must state why not.
In its latest review, ASIC found that while a higher proportion
of issuers were now meeting the benchmarks, the level of compliance
with some benchmarks was still below par. Tellingly, there had been
a lower level of compliance with the equity capital, liquidity,
valuations and lending principles benchmarks among issuers who have
gone into administration. In September, all issuers were meeting
the disclosure requirements on rollovers and related party
transactions but only 60 per cent were meeting the requirements on
equity capital exposure, 69 per cent on lending principles, 28 per
cent on valuations and 3 per cent on credit ratings.
ASIC has produced a booklet, Investing in Debentures, which
explains what to look for in the benchmark disclosure in more
detail. ASIC has asked debenture issuers to help distribute the
guide but not all do. You can download a copy at fido.gov.au.