AKEL moves to suspend foreclosures law

AKEL moves to suspend foreclosures law

MAIN opposition AKEL has tabled a proposal to suspend the law on foreclosures until the end of June 2015 as other parties were looking into ways to react following the Supreme Court’s rejection of related legislation they had passed in August.

AKEL said the suspension would give authorities time to prepare the so-called insolvency framework, which will include provisions to protect vulnerable groups from losing their homes.

“Six months is enough time to conclude procedures regarding the safety network and the rest of the issues,” MP Aristos Damianos said.

A similar bill, linking the implementation of the main foreclosures bill with that of the insolvency framework, was thrown out by the Supreme Court as being unconstitutional.

Three other bills had the same fate. In its decision published on last Friday, the court said the four bills were unconstitutional and also violated the separation of powers.

The bills that will make up the insolvency network are being discussed right now with AKEL opting not to participate, unlike all other parties.

DIKO said it was studying the Supreme Court decision but chairman Nicolas Papadopoulos, who became the government’s most vocal critic after his party’s exit from the coalition, signalled that they supported AKEL’s move.

“As DIKO we do not believe the law on foreclosures should be implemented without a safety net that will protect borrowers from the banks’ arbitrariness,” he said.

Approval of the rejected bills by parliament in August prompted international lenders to withhold the island’s next tranche of assistance because the bailout terms had been violated.

On Sunday, Finance Minister Harris Georgiades said the prospects were in place to lift the deadlock.

The matter will be discussed this week by the Eurogroup, which will be briefed by the minister about the court decision. “The outstanding issues have been overcome and the programme can continue,” he said.

But he also struck a note of caution regarding the need for co-operation on the domestic front, and acting responsibly.

A high-ranking eurozone official in Brussels said yesterday they were not yet aware of what the Cyprus government’s next step would be. “We have no information, we do not know what the government will do, but this can be a step forward in the right direction,” the official said. “We shall see what the Cypriot minister will say in the Eurogroup meeting on Thursday, and if all goes well, then the preconditions to disburse the next instalment might be fulfilled”.

The official described as “exemplary” the Eurogroup’s cooperation with the Cypriot authorities and assured that the adjustment programme would have positive results and would lessen the reasons for the financial crisis.

Another empty promise?

SPEAKING at the Annual General Meeting of the Cyprus Real Estate Agents Interior Minister Socrates Hasikos said that the problems facing the real estate industry are of paramount importance.

In his address, the Minister said that his ministry and the government were focussing on radical solutions to the problems facing the sector.

He hoped the ills of the past could be solved through a legal framework for the authorisation of development projects and the issuance of Title Deeds – and referred to changes that had already been made to reduce the time taken to process applications.

He said that “the ultimate goal is to protect and enshrine the rights property buyers, and help restore the good name of Cyprus to attract foreign investment.”

More empty promises?

Over the years successive governments have ‘promised’ to clean up the property industry, but to date, these promises have proved to be little more than hot air.

In October 2005, the Cyprus Government said it was going to plug loopholes in the law, introduce fines, and provide property buyers what it called ‘an arsenal of weapons against unscrupulous property developers’.

In September 2007, the Government said it was going to look at providing greater security to homebuyers by enabling their Contracts of Sale to take precedence over the developers’ mortgages.

In June 2008, Interior Minister Neoclis Sylikiotis assured property buyers that newly proposed legislation to resolve problems in the property sector could be implemented by the end of the year.

In January 2009, the Interior Ministry gave its assurances to the British High Commissioner that it intended to introduce a Bill to address the Title Deed issue.

In April 2009, Interior Minister Neoclis Sylikiotis qualified his earlier assurances to the British High Commissioner by saying that the Bill will only apply to future cases.

Whether Mr Hasikos will be remembered as a hero – a politician who keeps his word – or just another hot-air blowing Cypriot minister, only time will tell.

Remand in Paphos property scam case

Paphos District Court

PAPHOS District Court has remanded a 60-year-old man for three days in connection with a land scam case involving an 87-year-old permanent resident from Britain.

The 60-year old who is an employee at an estate agency, was arrested at Paphos airport on Saturday evening, after he arrived from abroad.

Police are looking into whether the suspect, along with a 47-year old-who was arrested on October 29, conspired to defraud the British man to the tune of half a million euro.

According to police, the 87-year-old permanent resident decided in 2012 to invest in property in the Paphos district. He appears to have reached a number of agreements with the estate agents and paid them €500,000 in total.

The 87-year-old claims that despite paying up, he received title deeds barely worth €35,000 and reported the case to Paphos police.

Police are looking at accusations of conspiracy to commit a felony, conspiracy to commit a misdemeanour, forgery, issuing a forged document, fraud in selling property and obtaining money under false pretences.

Police also arrested two women aged 84 and 79 on October 29 but they were later released after investigators concluded that they had nothing to do with the case.

Remand in Paphos property scam case

Lessons from Cyprus economic crash

COUNTRIES can learn lessons from Cyprus’ economic crash and subsequent bailout package in terms of preventing future financial crises, according to a report from Imperial College London last Friday.

In March 2013, Cyprus agreed to a €17 billion (£13.42 billion) international bailout by the International Monetary Fund (IMF), the European Central Bank (ECB) and the European Commission (EC).

The magnitude of the bailout was 100 per cent of Gross Domestic Product (GDP) and also involved a bank bail in. This is when the borrower’s creditors are forced to bear some of the burden by having a portion of their debt written off in order for the bank to have sustainable level of debt.

The package of measures was aimed at preventing the country from facing the prospect of bankruptcy and becoming the first nation in the European Union to be forced out of the single European Currency, following the country’s large debt problems.

Researchers from Imperial College Business School and the University of Cyprus carried out an in-depth analysis of why Cyprus needed to be bailed out to explore what lessons could be learnt from the crisis. According to the researchers, Cyprus suffered from overconfidence arising from around 35 years of almost continuous and robust growth. This resulted in the Cypriot government making poor choices in regards to public finances, such as rapidly increasing public spending in welfare, and ultimately delays in reaching a bailout agreement, which affected the economy.

The researchers state in the study that the Cypriot Government’s delay in taking action to avert the crisis was a mistake, which was compounded by the fact that it was too slow to ask the EU for help. The team says that the Government should have negotiated assistance in the summer of 2011 or summer of 2012, instead of completing the negotiations in March 2013. This delay meant that the European Central Bank had to increase the amount of money – called Emergency Liquidity Assistance (ELA) – it lent to Cyprus to keep the banking sector afloat. The impact of the delay meant that unemployment grew from around eight per cent in July 2011 to exceeding 15 per cent by March 2013.

In the lead up to the crash, the Government had also introduced financially unsustainable policies that contributed to the crisis. For example, from 2008 the Government increased social security spending on a range of initiatives such as non-means-tested housing subsidies, which were aimed at helping the elderly on lower incomes cope with rising costs, but also had the unintended consequence of helping those who were better off. Over a period of four years, the debt to GDP ratio rose from 48 per cent to 78 per cent. This caused an unsustainable increase in government deficits in a short period of time.

The researchers also found that the Central Bank of Cyprus (CBC) did not recognise the rapid increase by other banks in house lending.

Demand for real estate from domestic and international buyers from countries such as the UK and Russia rapidly grew, leading to increases in house prices, following the country’s entry in the EU in 2004. Between 2010 and 2012, banks had steadily increased their lending to home owners by around 50 per cent of GDP. When the economy started to falter, house prices began to fall and by 2013 they had dropped by 5.4 per cent, according to the CBC. This rapid fall in house prices pushed households and corporations into negative equity, meaning their homes were worth less than the mortgages on them. As a result, the banks that lent the money with the houses as collateral were exposed to the risk of these loans not being paid back.

The researchers say that the housing boom and bust cycle experienced by Cyprus should be a cause for concern in countries such as the UK, where house prices are currently increasing, due to demand from foreign investors. According to the estate agent Savills, ?7 billion of international money was spent on premium London homes in 2013, with just 20 per cent of that spent by UK citizens. Two thirds of the properties bought by international buyers were as investments.

Despite a fall in house prices in September, the UK’s biggest property website Rightmove predicts that prices will soar by 30 per cent over the next five years to an average of £318,000 in England and Wales, and more than £715,000 in London.

Professor Alexander Michaelides, co-author of the report, said: “Cyprus enjoyed around 35 years of almost continuous and robust growth with a booming housing market, foreign investment and tourism. However, our research shows that from 2010, Cyprus’s debt problems were growing and the government was slow to respond to the crisis. The result is that Cyprus faced the real prospect of bankruptcy and being forced out of the single European Currency. In order to prevent crises of this magnitude standard macroeconomic policy advice applies: keep government deficits under control; ensure strong corporate governance in large banking sectors; beware of volatile capital flows such as large deposits being paid into bank accounts and then being quickly removed, and of rapid increases in house prices. Our findings can be used by governments of countries in and out of the Eurozone to learn lessons about how to prevent and manage crises effectively.”

The team also found that bad political decisions at the European and local (Cypriot) level resulted in inadequate understanding of the magnitude of the crisis. For example, in October 2011 the EU member states including Cyprus agreed to the Greek private sector initiative (PSI), when member states agreed to write off around 78 per cent of the value of governmental bonds they were holding in order to reduce Greece’s overall debts. This decision had a negative impact on Cyprus’ banking sector, which was invested heavily in Greek government bonds. They had to write a large proportion of these debts off, which had a negative impact on their balance sheets.

The researchers used data from the Central Bank of Cyprus, European Central Bank and Eurostat, which provides statistical information to the institutions of the European Union, to form their conclusions.

The report is published in the journal Economic Policy.

Imperial College London News release

What is a floating charge?

What is a floating charge?A FLOATING CHARGE, attached to the assets of a company, is one method employed by banks in Cyprus to ‘secure’ a loan (or a group of loans). It is a charge on both the company’s fixed assets (land, buildings, equipment and machinery) and non-fixed assets (reserves, cash, and/or trade receivables).

A company may make unimpeded use of its reserves while the loan is being serviced. On the registration of a floating charge the debtor issues a debenture to the creditor. This debenture also constitutes a certain type of agreement governed by specific terms and conditions. Consolidating a security in the event a debtor company is placed in liquidation and/or under receivership is one of the most common terms of such an agreement. The receiver’s task is to ‘dispose’ off all the company’s assets (at ‘fair’ value) so as to allow repayment of the company’s debt obligations.

Note also that a company may continue to dispose of its assets until these are consolidated by the bank.

In the event a debtor fails to meet his or her debt obligations, the floating charge is converted into a fixed charge, and ownership rights may be ‘transferred’ to the bank. This conversion into a fixed charge (called ‘crystallisation‘) essentially freezes the assets against which the debtor has borrowed so that the debtor can no longer sell the assets or prevent their seizure by the bank. All assets that are not collateralised with another creditor may be incorporated into the fund securing the loan without the need to conclude any additional agreement securing the loan for the benefit of the same creditor.

During the stage prior to the consolidation of the assets, the floating charge continues to fluctuate depending on the loan.

The owner of a floating interest rate agreement cannot exercise ownership rights over the assets prior to the crystallisation of the floating charge. The conditions that can lead to the consolidation or freezing of assets are explicitly stated in the terms of the loan, and that is why all borrowers should carefully review these terms before signing. In a loan agreement, a typical clause activating the freezing of assets is that this consolidation is automatically triggered once the debtor fails to meet his or her debt obligations. Once the floating charge is thus ‘crystallised’, the loan becomes enforceable and is secured against any assets belonging to the company at that moment.

Although in theory after consolidation has occurred the debtor cannot manage his or her now-frozen assets, as long as the creditor has not appointed an official receiver/administrator the floating charge remains in place until the creditor takes concrete action.

Summary

To recap, the floating charge applies to a debtor’s current and future assets and can be converted into a fixed charge in the event one of the conditions for consolidating the assets is triggered, or once a creditor appoints a receiver/administrator. A company may operate normally and seamlessly until such time as the assets are consolidated.

Entrepreneurs therefore ought to carefully study the terms of a loan and to seek advice and clarifications from their consultants.

Dr. George Mountis
Managing Partner
Delfi Partners & Company

Troika to discuss insolvency framework

Troika to discuss insolvency frameworkA TEAM from the troika is expected to arrive in Cyprus on 10th November for consultations following the Supreme Court’s decision to rule four laws designed to limit the scope of the foreclosure legislation unconstitutional.

According to the Cyprus News Agency, the troika team is expected to remain in Cyprus until 14th November during which time it will discuss the new insolvency framework with the Cypriot authorities.

The framework, which is designed to protect vulnerable groups from foreclosure as a consequence of the economic downturn, is expected to be ready by the end of the year.

The government is already in discussions with the political parties on the bills comprising the framework and has requested each of the parties to nominate an expert. AKEL has refused to send an expert.