Will Cyprus follow Dubai initiative to protect investors

DUBAI is planning to introduce a new law to help protect investors. It will enable property investors to obtain a full refund if the developer fails to deliver a project on time or fails to provide common facilities.

The new ‘Investor Protection Law’, which could be introduced by the end of next month, will oblige developers to deliver on-time – and provide all the common facilities. If a developer fails to meet these obligations, property investors will be able to cancel their contracts of sale and obtain a full refund.

The law will require that all the common facilities, including such things as swimming pools and gyms, must be ready for use on delivery of a property when the keys are handed over to the purchasers.

A report in the Overseas Property Professional says that “The law has become necessary as increasing numbers of developers have failed to deliver projects on time, and haven’t included the facilities mentioned in the purchase agreements or marketing material.”

“Before the proposal of the new law buyers faced difficulty taking action, and could only hope the facilities would be completed in the near future. Its introduction means developers will be liable for fines if the projects are not delivered on time, or if they don’t meet the agreed specifications.”

Aren’t these very same problems that plague the Cyprus property industry, which fails to protect investors to any great degree? Ignoring the Title Deed fiasco for a moment:

  • Developments are frequently delivered months and sometimes years behind schedule – sometimes they are not delivered at all.
  • Building work on projects continues long after the first tranche of properties have been delivered to their buyers.
  • Properties differ in design, layout and size from those shown in the advertising material.
  • The construction of common facilities, including roads, takes place once the rest of the development has been completed.
  • How often have we seen marketing material promising golf courses, marinas, theme parks, etc. which may take several years or even decades to complete (if they are built at all).

Congratulations to Dubai; its initiative will undoubtedly help to rebuild investor confidence and increase its attractiveness to overseas property investors.

Isn’t it about time that the Cyprus government did more to protect investors and restore the Island’s tarnished reputation?

Perhaps it could follow Dubai’s example and introduce (and enforce) strict investor protection laws.

Greece exit from Eurozone would hit Cyprus hard

GREECE leaving the Eurozone would be a nightmare for Cyprus, and it won’t matter much what steps the government is currently taking to save the banks or the economy, experts agree.

On Friday parliament approved legislation that could part-nationalise the Popular Bank, the island’s second-largest lender and heavily exposed to Greek debt, in a bond-for-equity swap if attempts to raise €1.8 billion privately fail by a mid-year deadline.

It followed efforts by the bank itself to find investors who were however discouraged by the lender’s exposure to Greece and the uncertainty in the country.

The bank’s chairman Michalis Sarris said approval of the bill gave the lender room to “do what needs to be done to put the banking system back on a healthy base.”

However, whatever Cyprus does may not mean anything if Greece leaves the Eurozone in a disorderly manner, dragging down with it other weak economies like Spain and Portugal and of course Cyprus.

Experts warn that such a development would be followed by chaos – banks and businesses will go bankrupt in Greece, unemployment going through the roof, shortage of basic commodities, to name but a few.

The real problem for Cypriot banks is not their exposure to sovereign debt but the loans given out to Greek businesses and households.

The three big banks have around €24 billion on their Greek loan books – Popular has €13 billion, followed by the Bank of Cyprus with €10 billion.

Thinking the unthinkable

A Greek exit – dubbed Grexit – and a return to the drachma – dubbed Drachmageddon – is expected to hit Cyprus hard, if it happens, and reports on Friday said the EU was now ‘thinking about the unthinkable’ on that score.

“We are now looking at the possibility that the large portfolio we have in Greece could become doubtful,” Sarris told BBC’s HARDtalk. He did say a Greek exit was not inevitable but “it is a clear possibility.”  “I think the Europeans are quite firm that they need Greece to stick to the adjustment plan, tough as it is.”

Sarris said the Greeks seem to think there is a way to stay in the Eurozone without implementing the measures they have to in exchange for the EU’s support.

“Now unless somebody blinks, this is the kind of situation that could lead to an unpleasant outcome but Greece has a history of going to the brink of disaster and then pulling back,” Sarris said.

His belief is that a way will be found for the country to remain in the Eurozone with perhaps some changes to the programme “in ways that the result can still be what is expected but perhaps some of the pain can be spread over a longer period.”

The worst case scenario for Cyprus would be Greece exiting the euro and returning to the drachma, which would certainly be devalued.

For the banks, it would mean a substantial loss of value on their assets, prompting the government to seek a bailout.

We are bound to end up in an EU bailout

“We are bound to end up in an EU bailout,” said Fiona Mullen, director of Sapienta Economics. “Basically we are faced with a second (banking) capital crisis.”

One way to avoid this is by isolating the banks’ operations in Greece.

An effort towards this has been undertaken by the Popular Bank but with no result, so far at least.

If this is unsuccessful, Mullen suggests going to the EU and asking them to bail out the banks in the event of a Greek exit in order to restore confidence.

“So we need a provisional EU bailout. It will come with tough conditions but probably conditions that the government has not had the courage to implement itself,” Mullen added.

Cyprus must also seek to dispel any suggestions that it would be following Greece out of the Eurozone as it has been reported recently.

“The government seems to have done the right thing by moving quickly on Laiki (Popular) this week but it also needs to start saying very loudly that we are not leaving the euro,” to prevent any jitters, Mullen said.

The extent of effects of a Greek exit on Cyprus or the Eurozone for that matter, are difficult to predict, though the consensus is they will be very negative. More so for Cyprus, which prefers the exit to come later rather than sooner – if it comes – so that it has more time to sort out the Greek loans issue.

Economist Symeon Matsis expects the whole Eurozone to be affected, forcing the EU to take measures that will of course include Cyprus.

“They will be forced to bolster the support fund or create a new one,” Matsis said. “It’s not just Cyprus.”

Matsis expects such a development to plunge the island into a deeper recession, pushing back recovery by a couple of years.

“It is clear we will have a lot of negative effects. And considering that the Cypriot economy is already in recession, you understand what this thing means.”

Sacrifices will have to be made

“We will be talking about sacrifices from the entire population,” Matsis said, noting that the government – possibly with the exception of the decision to support Popular – has not yet taken the necessary measures that will allow it to intervene. “We’ll be forced to lower salaries to subsistence level so that we can become competitive and be able to re-enter international markets.”

EU policymakers insist they want Greece to remain in the Eurozone but EU trade commissioner Karel De Gucht said the European Commission and the European Central Bank were working on scenarios in case it has to leave.

“A year and a half ago there maybe was a risk of a domino effect,” De Gucht told Belgium’s Dutch-language newspaper De Standaard.

“But today there are in the European Central Bank, as well as in the Commission, services working on emergency scenarios if Greece shouldn’t make it. A Greek exit does not mean the end of the euro, as some claim.”

Speculation about such planning has been rife, but de Gucht’s comments appeared to be the first time an EU official has acknowledged the existence of contingencies being drawn up.

But the European Commission’s top economics official, Olli Rehn, later dismissed De Gucht’s comments.

“Karl De Gucht is responsible for trade. I am responsible for financial and economic affairs and relations with the European Central Bank.” Rehn said. “We are not working on the scenario of a Greek exit. We are working on the basis of a scenario of Greece staying in.”

Germany making plans for Greek exit

Germany said on Friday that it had started making plans for a possible Greek exit.

“For the last two years we have been doing everything possible to keep Greece in the Eurozone… We have a programme and we stand by this. Greece must also stick by this. Everyone is prepared to go forward with it. Brussels has also emphasised this,” a German finance ministry spokeswoman said.

But she added: “The German government naturally has the responsibility to its citizens to be prepared for any eventuality,” she said without elaborating.

She was echoed by the head of the International Monetary Fund Christine Lagarde who said it is their job to be “technically prepared for anything.”

Lagarde stressed that this was not the desirable solution.

“I think what we should look at is the optimal scenario where the country has the political resolve to actually observe the commitment, comply with the undertaking, stay within the zone, which seems to be the desire of the population,” Lagarde told the BBC. “But it goes with the effort to abide by the program, which has been put in place.”

German Chancellor Angela Merkel meanwhile spoke with Greek President Karolos Papoulias on Friday and told him of Germany’s hope for a functioning government in Greece.

“She repeated the German government’s position that we are waiting for the new elections and it is our wish and that of all European partners to see a new, functioning government,” a spokesman for Merkel said.

This hope is certainly shared by Cypriot officials who are anxiously watching developments in Greece.

Speaking in parliament after approval of the bill to support the Popular Bank, Finance Minister Vassos Shiarly urged Greek politicians to display the same level of unity and responsibility shown by Cypriot MPs.

“We hope that logic will prevail at the end of the day and what would happen in Greece is something like what you saw [in parliament] – politicians uniting and putting the country’s interest before anything else,” Shiarly said. “If Greek politicians also show the same responsibility … I believe they will succeed and not drag our country into more difficult times”.

Could Cyprus be the next domino to fall

GREECE appears to be inching closer to the Eurozone exit door. If Greece leaves, how far could the contagion spread?

One country which could very soon find itself in the eye of a financial storm is Cyprus – where the banks are paying a heavy price for their investments in Greece.

HARDtalk’s Stephen Sackur speaks to Michalis Sarris, chairman of the Cyprus Popular Bank and former minister of finance. A mountain of banking debt, a weak government, an angry public – could Cyprus be the next domino to fall in this eurozone crisis?

When asked if he had a “growing sense of alarm in Cyprus” at the developments in Greece, Dr Sarris said: “Absolutely; we are heavily exposed to the Greek economy, we have already paid a heavy price for an investment in Greek sovereign debt – more than any other country and especially our bank (Cyprus Popular Bank), which has suffered a loss of about 2 billion euros.”

(The following programme was first broadcast on the BBC News Channel on 18 May 2012)

[youtube=http://www.youtube.com/watch?v=0-VkLzawQY0&w=470]

Government steps in to shore up Popular Bank

THE House of Representatives late last night approved legislation providing for state support to the island’s second largest lender, the Cyprus Popular Bank.

The item was passed with 43 votes for, none against, and three abstentions.

It enables the Republic to underwrite a €1.8 billion equity issue by the Popular Bank, heavily exposed to Greece and scrambling to meet a shortfall on its regulatory capital by a mid-year deadline.

The amount, equivalent to about 10 per cent of Cyprus’ GDP, forms the bulk of a €1.97 billion capital shortfall identified by the European Banking Authority, which the Popular Bank needs to replenish by June 30.

Popular was hit heavily by a write-down in its Greek sovereign bond holdings. It reported record losses of €2.8 billion in its full-year 2011 results, mainly on the back of a 76 per cent write-down in the value of some €3 billion in Greek bonds held.

The lender, the most exposed among Cypriot banks to Greek bond holdings, said in a statement yesterday that the Cabinet had approved plans to underwrite its capital hike.

In legislation submitted to parliament as a Ministerial Decree, the Finance Ministry said it would act as underwriter of the new €1.8 billion capital issue, which would be in the form of a rights issue.

The issue would be offered by priority to existing shareholders, to the public in a public offer, and to a small number of individuals with a private placement.

The Republic would acquire any un-disposed of shares, by offering the Bank 12 month zero-interest sovereign bonds.

Any shares acquired by the state could be repurchased within five years either by shareholders, the bank itself or third parties.

The Republic reserves the right to sell its shares at any time to a strategic investor, with existing shareholders being given the right of first refusal.

Once the decree is published the state will be allowed to appoint up to five members of Cyprus Popular Bank’s board – it now has 13 directors – who would have veto rights. Should the state acquire shares it would be entitled to appoint up to a majority of the board.

Dividends would also be stopped.

The exercise price of the rights was set at €0.10, with the share purchase price for the state at €0.10 and “fair value” for third parties.

The legislation further sets a cap on the salaries of the bank’s high-ranking officers and board directors, which in some cases results in an up to 12.5 per cent pay-cut.

An independent adviser would be mandated to submit a restructure plan to the central bank within two months of its appointment. Within six months at the latest, the plan would be submitted to the European Commission for approval.

The legislation was forwarded as a matter of urgency to the House Finance Committee, which began a lengthy session behind closed doors at 4.40pm with a view to preparing a final draft to be submitted to the plenum for a vote. Other legislative business was necessarily put on hold, with MPs deciding to sweat it out so that the new law could be published in the government gazette today.

The session was attended by Finance Minister Vasos Shiarly, Cyprus Popular Bank chairman Michalis Sarris, representatives of the Central Bank and of the Cyprus Stock Exchange, and was observed by some 30 MPs from committees other than the Finance Committee. Shortly after 8pm the committee took a brief break before resuming discussion.

The plenum convened well past midnight, with the voting complete at 1am. Absent from the hall during the voting on the crucial bill were the leaders of the DISY, AKEL and DIKO parties.

In their closing remarks before the show of hands, several opposition MPs voiced their dissatisfaction at being cornered by the government to pass the bill on such short notice.

“Now is not the time to discuss how we got here,” said DIKO’s Nicholas Papadopoulos, alluding to the state of the Popular Bank. He added ominously: “I’m afraid that tonight we inaugurate our path towards a support mechanism. I hope I’m proven wrong.”

And DISY No.2 Averof Neofytou said: “Tonight, we vote based not on ideology or sentiment. We vote for our country, and to us, the country is above parties and ideology.

“Tonight was the easy part,” he went on to say, alluding to the next stage – whether the state can secure funds from lenders abroad.

Bailiffs strip Paphos Land Registry office

THE STATE owes some €600 million because of obligations created by expropriating land, Interior Minister Eleni Mavrou said on Friday after the Paphos Land Registry was visited by bailiffs.

“It’s impossible to pay this,” Mavrou said.

She said that the money owed “included small obligations but also very large obligations” and the Cabinet had already met to decide how to proceed.

The need for action was highlighted on Thursday when bailiffs acting on the strength of a court warrant, walked into the Paphos Land Registry and stripped it bare of anything that wasn’t nailed down.

What happened was that a writ of movables was issued – a court order allowing bailiffs to take possession of the movables and sell them in a private auction to compensate creditors.

If more money needs to be collected, bailiffs will go on looking for more to confiscate on the strength of the same warrant, the Cyprus Mail was told.

Mavrou confirmed that the action was related to the Paphos-Polis road, a project which has been discussed for almost a decade and for which the state paid €140 million in compensation to property owners for land expropriation.

Around two thirds of the owed compensation has already been paid, Mavrou said but added there had been people waiting for their compensation for some three years.

So “people sought warrants”. “I understand that some people may be depending on the money coming from this compensation,” Mavrou said.

So we will “gather all data of owed money for requisitions,” she said adding that they would be meeting with all relevant bodies to evaluate the situation” and set more specific standards on the priority with which people are compensated”.

Part of the reason this is more urgent is that although people used to get 9.0 per cent as interest for compensation owed, the interest is now 4.0 per cent, Mavrou said.

“There’s people that in the process of expropriation, they may have lost their only land property, and may be depending on this money and waiting for many years (to get their money),” Mavrou said.

For those people, the lower interest rate might lead them to seek their money in the courts.

Mavrou said they were considering returning some of the expropriated land. But a landowner has the option to refuse to take the land back and take the state to court. Landowners can also protest the amount offered to them in compensation. “No matter what’s done it has to be done within the next few months,” Mavrou said.

Construction quality of new homes set to improve


REPORTS of poorly constructed homes in Cyprus are legion. Problems of leaking roofs and damp penetration are common and, most recently, reports of a development that is slipping down a hill at Armou in Paphos have made front page news in the local press.

All that is about to change.

British-based insurer Premier Guarantee, one of Europe’s leading providers of structural warranties and building control and support services, has become the first company in Cyprus to offer a 10-year warranty against hidden (latent) defects on newly built and converted homes.

Premier Guarantee for Cyprus is designed for property developers and contractors who wish to gain a competitive advantage over their rivals and help restore the tarnished reputation of the Island’s construction industry.

But more importantly, it provides those buying property with a number of significant benefits, including:

  • The buyer gets a full 10-year protection against losses resulting from defects in the design and/or materials and/or workmanship of a property that results in major damage to the structural elements.
  • The company will settle the claim without the buyer having to prove negligence or blame on behalf of the developer or contractor. This avoids lengthy delays in making repairs and the costs involved in obtaining reports from independent engineers and drawn out and expensive litigation proceedings.
  • In the event of the property being re-sold, the insurance cover is transferable to the new buyer.
  • Should the developer or contractor become insolvent or fail to honour their responsibilities the insurance remains intact.
  • If the developer has chosen to include the additional options available to him, buyers will also benefit from a 10-year warranty covering the waterproofing of roofs, external walls and basements, costs of accommodation and loss of rental income while repairs are being made.

Once a developer has been accepted into their scheme, the company carries out a technical assessment – an audit of the property’s design to ensure it meets the construction requirements set out in its 320 page technical manual, which are required to achieve the warranty standards.

Members the company’s 50 strong technical audit team carry out on-site inspections at critical stages of the build to ensure that its required warranty standards are maintained throughout the construction process.

About Premier Guarantee

Established in 1997, the British-based company Premier Guarantee has arranged cover on over €34 billion of property in the UK, Ireland, Spain and now Cyprus – and has become one of Europe’s leading providers of latent defects insurance.

All policies issued by Premier Guarantee for Cyprus are insured by AmTrust Europe Limited. AmTrust Europe Limited is part of the AmTrust Group, a worldwide insurer, who amongst other classes of insurance specialise in Building Warranty risks. Their security rating is excellent, having received an ‘A’ rating for financial strength from A.M. Best.