More
than 3 years have passed since the Greek bond PSI. For those, who do not recall
what happened, you can read “PSI
lesson to investors”. I copy here just a relevant paragraph:
“The
conduct of the PSI restructuring is very instructive for the lessons learnt and
very destructive for the future of the bond market. Let me explain. Greece
needed to restructure its debt. This is no secret. However, European
politicians thought that it can be done “voluntarily”. In other words, they
believed that they had enough political power over bondholders to convince them
to take losses. When they realised that this was not the case they resorted to
the good old argument “L'État, c'est moi” .
Many may
have heard the story on how they found a so-called loophole in the Greek law.
Greek bonds did not have any Collective Action Clauses and Greece could
retrofit these in order to facilitate the restructuring. That is pure and utter
baloney. The so-called retrofitted CACs were just a sleight of hand.
Greece in
effect exercised its prerogative not to pay the creditors and Europe gave its
blessing. The law that they passed (4050/2012) suspended contract law and made
it a “Public Interest” and with “mandatory provisions”. Plainly speaking they
could have done this even if CACs did exist in the Greek law bonds. They
basically unilaterally changed the Bond contract claiming it was in the Public
interest. They engaged article 9 of EU 593/2008 in order to suspend European
legislation. If this sounds like a legal coup it is because it is a legal
coup.”
Greek Bank Bonds
I
am mentioning this because few days ago Piraeus and Alpha Bank of Greece (the
other two would follow suit no doubt) made a “voluntary” offer to exchange
their senior and subordinated bonds with (mostly) worthless equity and cash
peanuts. The implicit threat here is the feared Bail-in. Eurogroup members have been outspoken with their
views. They do not want to pay for bank recap. And the way to do it is to threaten
implementation of a bail-in whereby equity holders and bondholders, maybe even depositors
could shoulder some the burden.