Cyprus to get financial ombudsman

PARLIAMENT yesterday unanimously approved the creation of a Financial Ombudsman, offering a cheaper and more simplified option of dealing with economic disputes.

According to the law, which was submitted to the House Legal Affairs Committee in 2007 and only reached the Plenum yesterday, consumers can apply to the Ombudsman to seek out-of-court settlements on disputes with financial institutions (FI).

Consumers will be able to submit complaints of a financial nature and the Ombudsman can mediate and arrange a friendly out-of-court settlement.

The measure doesn’t include co-op banks and the Ombudsman’s decisions won’t be legally binding. The Body will also be able to examine and resolve cross-border financial disputes.

Basically, consumers will be able to seek compensation without having to go through exhausting court procedures. However, if consumers wish, they can turn to court.

The Ombudsman is a legal person of public justice, for whom a board of directors will be appointed – comprising of spokesmen for local authorities, FI spokesmen and a representative for consumers – as well as a Financial Commissioner, a deputy Financial Commissioner and staff employed by the Ombudsman.

The Body will be funded by personal contributions from each FI that has a complaint filed against it, a standard annual contribution from each FI, depending on its activities, and by the consumer who will pay a small fund for his complaint.

The House Plenum’s decision was unanimous with all MPs agreeing it was a positive measure that would be in the consumers’ best interests.

The Legal Affairs Committee chairman, DISY’s Ionas Nicolaou, said if there were any problems in its implementation, amendments would be made.

Cyprus to get financial ombudsman

Editor’s comments

MANY people have been duped into buying property in Cyprus that has been built on mortgaged land – and face the very real threat of losing their homes if the developer fails.

Banks in Cyprus are often complicit in this ‘scam’ as they fail to disclose information about existing mortgages to buyers seeking a mortgage to buy property.

It has taken three years for parliament to reach its decision on the appointment of a Financial Ombudsman. Let us hope he has a sufficient number of staff to deal with the deluge of complaints flooding into his office.

Sales to non-Cypriots improving slowly

A TOTAL of 238 property sale contracts in favour of foreign buyers were deposited at Land Registries throughout Cyprus in June 2010, compared to 201 in June 2009 according to figures released today by the Cyprus Department of Lands and Surveys; an increase of approximately 18.5% compared to last year.

So far this year, sales in Nicosia are up by 95% followed by Limassol and Famagusta, where sales have increased 4.8% and 4.6% respectively. However, sales in Larnaca have fallen by 3.5% and in Paphos by 0.7% compared to last year.

During the first six months of this year, 928 contracts in favour of foreign buyers were deposited; up 9.6% on last year.

Cyprus property sales to non-Cypriots for June 2010
Source: Department of Lands and Surveys

Although the latest figures show a slight improvement, property sales to foreigners are still down by nearly 76% compared to 2008 and by almost 84% compared to the peak year of 2007 – and there are still literally thousands of empty properties littering the once popular investment hot-spots.

Unfortunately the statistics produced by the Department of Lands and Surveys do not provide a breakdown of the number of new and the number of re-sale properties being sold.

One industry pundit suspects that around 20% to 30% of the properties being sold at the present time are re-sales, arguing that these offer the best deals. Although there is no hard evidence to back his suspicion, many British buyers are now refusing to buy properties that do not have Title Deeds due to the potential level of risk involved, preferring instead to go for the much safer option of buying resale properties complete with their Title Deeds.

Moody’s cuts Cyprus’ two main bank ratings

ON MONDAY, Moody’s Investors Service said it downgraded the deposit and debt ratings of Marfin Popular Bank Public Co Ltd to Baa2/Prime-2 from A3/Prime-1 and Bank of Cyprus Public Co Ltd to A3/Prime-2 from A2/Prime-1. At the same time, Moody’s has confirmed the deposit and debt ratings of Hellenic Bank Public Co Ltd at Baa2/Prime-2.

The outlook on all the banks’ ratings is negative. The Russian subsidiaries of MPB and BoC – Rosprombank and Bank Uniastrum, respectively – are not affected by Monday’s rating action.

These actions reflect the banks’ direct sizable exposure to the Greek economy through their operations in Greece, and their relative capacity to manage the resulting pressure on asset quality, earnings and capitalisation.

Concerns about the economic conditions in Cyprus and the performance of its domestic real estate market also contributed to Monday’s rating actions.

Marfin Popular Bank Public Company Ltd

THE two-notch downgrade of MPB’s long-term debt and deposit ratings stems from the bank’s considerable exposure to Greece – the highest among the three rated Cypriot banks.

MPB operates in Greece via its subsidiary, Marfin Egnatia Bank SA (“MEB”), which reported gross loans of EUR14.0 billion in Greece (52% of group loans) and EUR10.5 billion of deposits (43% of group deposits).

As a result of its Greek operations, problem loans on a group level are on an upward trend and reached 6.3% of gross loans at the end of March 2010. According to Moody’s, the expected erosion in asset quality will pressure the bank’s earnings and capitalisation for the next several years.

An additional concern regarding this bank is the challenged funding position of its Greek subsidiary MEB. The latter’s access to the bond market is now very limited and its access to the interbank market has also been significantly curtailed.

This situation at the subsidiary level has also caused some lessening of liquidity in MPB’s Cypriot operations and has made the group increasingly dependent on ECB funding. Moody’s notes that MPB intends to fully integrate MEB’s operations through a merger planned for later this year.

Bank of Cyprus Public Company Ltd

MOODY’s decision to downgrade the BoC by one notch reflects the increasing levels of problem loans, which again comes primarily from its Greek operations.

Having reached 6.0% as of March 2010, Moody’s expects this upward trend to continue and depress the bank’s earnings and capitalization levels in the next few years.

Among the three rated Cypriot banks, BoC has the second-largest Greek exposure, with 167 branches and a number of subsidiaries. As of March 2010, the bank reported gross loans of EUR9.9 billion in Greece (36% of group loans) and deposits of EUR10.7 billion (37% of group deposits).

Moody’s notes however that the bank’s capital buffers remain adequate with a Tier 1 ratio at 10.2%. Its funding and liquidity position also remains satisfactory, reflecting a dominant position in its domestic market through a strong branch network that provides for a group loans-to-deposit ratio of 90%.

Hellenic Bank Public Company Ltd

MONDAY’s confirmation of Hellenic Bank’s Baa2 deposit ratings is based on Moody’s view that this rating level sufficiently captures current credit risks stemming from the bank’s comparatively small exposure to Greece.

Hellenic Bank is a relatively recent entrant to the Greek market, where it now operates 21 branches, with gross loans of EUR953 million (18% of group loans) and deposits of EUR949 million (15% of group deposits) as of March 2010.

As in the case of its two larger competitors, Hellenic Bank’s problem loans have been rising, reaching 8.9% as of March 2010. Indeed, Moody’s adjusted the bank’s stand-alone financial strength rating to D/Ba2 from D+/Ba1 to reflect the bank’s growing challenges.

However, the rating agency notes that capital buffers continue to provide adequate protection and that the bank’s funding and liquidity position is satisfactory due to its primarily Cyprus-based activities.

Negative Outlook

THE negative outlooks on the banks’ ratings reflect the uncertainties regarding the banks’ operating environment over the next two years, which could lead to pressures on asset quality that are more pronounced than what is assumed currently under our base case scenario.

In Cyprus, the economic activity remains weak, with GDP contracting again in Q1 this year.

At best, Moody’s expects a weak recovery in 2011. The country’s real estate market, which is a significant component of the banks’ loan books, remains a risk area with unclear growth prospects and weak demand.

Moody’s also notes that it will continue to actively monitor the liquidity and funding position of the Cypriot banks in light of the tight capital market conditions, the so far modest outflow of deposits from their Greek operations and the relatively high cost of funding in Cyprus.

The agency however pointed out that concerns in this area are mitigated by a few factors. The banks are primarily deposit-funded, with recent indicators pointing to a relatively stable deposit base at the group level, and relatively low wholesale refinancing needs over the next 18 months. Liquidity is also supported by highly stringent liquidity regulations in Cyprus.

Moody’s notes that the deposit and debt ratings of the three banks continue to benefit from systemic support from the Cypriot authorities, reflecting the national government’s capacity and commitment to support its banking system in case of need.

The deposit and debt ratings of the three Cypriot banks currently benefit from an average two-notch rating uplift from their stand-alone ratings as a result of the imputed systemic support assumption.

Cyprus property tax increase heading for the bin

The Cyprus Finance Minister, Mr Charilaos Stavrakis
The Cyprus Finance Minister, Mr Charilaos Stavrakis

GOVERNMENT bills to increase corporate and Immovable Property Tax seem to be veering towards rejection, with most parties expressing their opposition.

The two bills will be submitted to this week’s plenary session for approval, with DIKO and EDEK firmly against, AKEL in favour, and DISY and the Green Party saying they will offer their final stance on Thursday. But the two latter have expressed their doubts and said they are most likely going to reject them.

The two bills were drawn up as part of the government’s efforts to improve public finances and reduce the state deficit. The government proposes a one per cent increase in corporate tax – taking it from 10 per cent to 11 per cent – and a fractional increase in Immovable Property Tax.

Those objecting claim an increase in corporate tax would hit the small businesses and deter foreign investors, while an increase in Immovable Property Tax would have more dire effects on law-abiding land owners than the wealthy.

But the government – and ruling AKEL – maintain that increasing corporate tax would increase state revenue significantly, by taking from the big business moguls and ensuring they too are contributing their fair share to helping the country emerge from the crisis.

We feel big and provocative wealth should take on its own share for the state to emerge from the crisis and we are truly saddened to see political parties identifying with the big wealth instead of making sure that everyone takes on their responsibility for the financial crisis,” said AKEL’s Stavros Evagorou yesterday.

Cyprus Mail - Plans to increase Cyprus property tax heading for the bin

Title Deed law changes delayed

APPEALS by the Government Executive to have the five Title Deed bills approved during the last session of parliament have proved unsuccessful and the House Interior Committee has decided to continue their examination at the start of the new parliamentary session after the summer recess.

After the session, the House Interior Committee Chairman and AKEL MP, Yiannos Lamaris said that despite efforts discussions on the bills could not be completed.

There are some points that must be clarified and examined further. Talks on a small part will continue after summer so that the bill is subject to the Parliament’s approval in October”, Mr. Lamaris said.

At the present time some 130,000 properties do not have Title Deeds. Last July, Interior Minister Neoclis Sylikiotis announced a series of amendments to the law to alleviate the problem.  Often referred to as a ’Planning Amnesty’, the five bills influence other aspects of the Title Deed problem and change the following laws:

  • The Streets and Buildings Regulations Law, Cap 96
  • The Planning Law 90/1972.
  • The Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224
  • The Sale of Land (Specific Performance) Law, Cap 232
  • The Contract Law, Cap. 249

However, the proposed amendments have been the subject of much criticism. They were opposed by the Cyprus Bar Association who rejected them saying that “They will lead us into a labyrinth without solving the problem”.

The Cyprus Property Action Group (CPAG) also condemned the proposals, calling them “an amnesty for developers who have failed to adhere to planning/building permits issued or even built illegally without these permits”.

CPAG went on to say that they failed to address the main problem of “developers taking mortgages on properties they have also sold to unsuspecting buyers”. Buyers then “wait years to obtain Title Deeds and stand to lose their homes should the developer go bust and if the buyers cannot then pay off ‘their’ portion of the mortgage”.

The Cyprus Technical Chamber, ETEK, has urged the government to demolish illegally constructed buildings and draw up a ‘black list’ of developers who were known to have broken the law as well as those who remortgage property for which no Title Deed has been issued.

Meanwhile pressure on Cyprus from the European Union continues to mount. MEP Daniel Hannan is trying to uncover the facts behind the Cyprus developers’ mortgages scandal and has also called on the EC to send a fact-finding mission to Cyprus to investigate the Title Deed problems, while MEP Syed Kamall has raised a question about Aristo Developers.

Building permit numbers slow in April

IN A PRESS release issued earlier today, the Cyprus Statistical Service (CYSTAT) announced that the number of building permits authorized by the Municipal Authorities and the District Administration Offices during April 2010 was 668, comprising:

  • Residential buildings – 501 permits
  • Non-residential buildings – 96 permits
  • Civil engineering projects – 27 permits
  • Road construction – 5 permits
  • Division of plots of land – 39 permits

Focusing on the 501 permits issued for the construction of residential buildings, these were approved for 1,176 dwelling units; 441 single houses and 735 multiple housing units such as apartments. Compared to the April 2009 total of 1,252 dwelling units, this represents a decrease of 6.1%.

Cyprus building permits - April 2010
Source: Cyprus Statistical Service

Between January and April 2010 building permits were issued for the construction of 5,915 residential properties. Compared to the same period last year, when permits were issued for the construction of 5,805 residential units; an increase of just 1.9%.

According to the Cyprus Statistical Service, building permits constitute a leading indicator of future activity in the construction sector.