John Hjorth Posted January 24, 2020 Posted January 24, 2020 Has anyone heard any updates on this proposal? https://www.barrons.com/articles/berkshire-could-lift-stakes-in-several-big-banks-under-proposed-fed-rule-change-51556217117 Personally, I'll second redskin's question whole-hearted. I can't remember the sources any longer, and I've got no time to dig them up [perhaps it was actually posted by a fellow CoBF on here], but if I remember correctly, Berkshire has asked for permission not to reduce its position in BAC below 10 percent, while it continues to reduce its position in WFC. Please correct me if I'm wrong, and if I'm not wrong [i may be], what do you get out that? I mean, perhaps, with regard to the forced WFC selling at Berkshire, it may be considered at Berkshire's convenience in the situation. [No kick-a** one-liners from Mr. Buffett nor Mr. Munger for years about WFC being a "good bank" - perhaps for a reason.]
longtermdave Posted January 24, 2020 Posted January 24, 2020 I'm not a lawyer, so I can't tell if this would apply to Berkshire the same way it is supposed to apply to entirely passive funds. It is temporary to 2021, and the limit is 15% rather than the 25% limit proposed last year. https://alerts.davispolk.com/10/4767/uploads/2020-01-17-federal-banking-agencies-recognize-the-rise-of-index-funds-and-passive-investing.pdf?sid=b2d35c6d-984b-4c56-8790-ea5676b4bf1c
Guest eatliftinvestgolf Posted January 27, 2020 Posted January 27, 2020 This link has a good chart of the proposed rule. https://www.wilmerhale.com/en/insights/client-alerts/20190426-federal-reserve-proposes-revisions-to-the-control-framework-under-the-bank-holding-company-act
Guest eatliftinvestgolf Posted January 27, 2020 Posted January 27, 2020 As far as I can tell, the final version of the proposed rule has not yet been released. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=7100-AF49
woodstove Posted January 29, 2020 Posted January 29, 2020 Thanks for that link to a summary of the proposed rule. It seems to me that there is costly risk exposure, due to discretion of regulators in applying rule, interpretation, etc. Realistic low-risk behaviour will be to not go over 10 percent, I think. So be it. Still lots of fish in barrel.
Sleepwell Posted January 29, 2020 Posted January 29, 2020 I thought they never sold anything... more flexibility going forward? https://finance.yahoo.com/news/lee-enterprises-buy-berkshire-hathaway-114510889.html
Sleepwell Posted January 29, 2020 Posted January 29, 2020 Warren E. Buffett, Berkshire Hathaway’s Chairman and CEO, said, “My partner Charlie Munger and I have known and admired the Lee organization for over 40 years. They have delivered exceptional performance managing BH Media’s newspapers and continue to outpace the industry in digital market share and revenue. We had zero interest in selling the group to anyone else for one simple reason: We believe that Lee is best positioned to manage through the industry’s challenges. No organization is more committed to serving the vital role of high-quality local news, however delivered, as Lee. I am confident that our newspapers will be in the right hands going forward and I also am pleased to be deepening our long-term relationship with Lee through the financing agreement.”
petec Posted January 29, 2020 Posted January 29, 2020 I thought they never sold anything... more flexibility going forward? https://finance.yahoo.com/news/lee-enterprises-buy-berkshire-hathaway-114510889.html 3x ebitda? Am I reading that right?
DooDiligence Posted January 29, 2020 Posted January 29, 2020 Warren E. Buffett, Berkshire Hathaway’s Chairman and CEO, said, “My partner Charlie Munger and I have known and admired the Lee organization for over 40 years. They have delivered exceptional performance managing BH Media’s newspapers and continue to outpace the industry in digital market share and revenue. We had zero interest in selling the group to anyone else for one simple reason: We believe that Lee is best positioned to manage through the industry’s challenges. No organization is more committed to serving the vital role of high-quality local news, however delivered, as Lee. I am confident that our newspapers will be in the right hands going forward and I also am pleased to be deepening our long-term relationship with Lee through the financing agreement.” Apparently Warren & Charlie don't have enough faith in Lee to simply cough up some pocket change to buy them & put the papers in their charge.
Sleepwell Posted January 29, 2020 Posted January 29, 2020 I thought they never sold anything... more flexibility going forward? https://finance.yahoo.com/news/lee-enterprises-buy-berkshire-hathaway-114510889.html 3x ebitda? Am I reading that right? That also jumped out to me... I think what they saw attractive was the financing they got in return. 576mm @9% 52MM in interest which is higher than the 47MM. I'm guessing there's some tax planning behind this too
5xEBITDA Posted January 29, 2020 Posted January 29, 2020 I thought they never sold anything... more flexibility going forward? https://finance.yahoo.com/news/lee-enterprises-buy-berkshire-hathaway-114510889.html 3x ebitda? Am I reading that right? More like 3x EBITDA heading to 4-5x, etc.
gfp Posted January 29, 2020 Posted January 29, 2020 I don't blame warren for preferring $576 million of long term financing at 9%. Lee was already running the papers
petec Posted January 29, 2020 Posted January 29, 2020 I thought they never sold anything... more flexibility going forward? https://finance.yahoo.com/news/lee-enterprises-buy-berkshire-hathaway-114510889.html 3x ebitda? Am I reading that right? More like 3x EBITDA heading to 4-5x, etc. In which case more than tripling your capital commitment is an odd thing to do even if it does move you higher up the structure.
5xEBITDA Posted January 29, 2020 Posted January 29, 2020 I thought they never sold anything... more flexibility going forward? https://finance.yahoo.com/news/lee-enterprises-buy-berkshire-hathaway-114510889.html 3x ebitda? Am I reading that right? More like 3x EBITDA heading to 4-5x, etc. In which case more than tripling your capital commitment is an odd thing to do even if it does move you higher up the structure. Edit: nvm
redskin Posted February 6, 2020 Posted February 6, 2020 Has anyone heard any updates on this proposal? https://www.barrons.com/articles/berkshire-could-lift-stakes-in-several-big-banks-under-proposed-fed-rule-change-51556217117 Personally, I'll second redskin's question whole-hearted. I can't remember the sources any longer, and I've got no time to dig them up [perhaps it was actually posted by a fellow CoBF on here], but if I remember correctly, Berkshire has asked for permission not to reduce its position in BAC below 10 percent, while it continues to reduce its position in WFC. Please correct me if I'm wrong, and if I'm not wrong [i may be], what do you get out that? I mean, perhaps, with regard to the forced WFC selling at Berkshire, it may be considered at Berkshire's convenience in the situation. [No kick-a** one-liners from Mr. Buffett nor Mr. Munger for years about WFC being a "good bank" - perhaps for a reason.] Looks like they finalized the rule change. It is effective April 30th. https://www.federalreserve.gov/newsevents/pressreleases/bcreg20200130a.htm
Dynamic Posted February 6, 2020 Posted February 6, 2020 So in summary it appears that 25% ownership is to become permissible without becoming a bank holding company unless you seek to exercise any control or influence beyond your normal voting rights. Potentially non voting shares might permit more ownership still. For Berkshire the accelerated disclosure rules for owning over 10% of any US traded company enforced by SEC still apply so Berkshire would have to disclose new purchases within 5 days once they exceed 10%. Large additional stakes bought in the open market are unlikely but negotiated block purchases might be conceivable. I'd imagine that Bank of America and Wells Fargo stakes will remain roughly constant from now on in share count but will gradually grow as a percentage through the investee buybacks. Berkshire will still need to monitor the investee filings to ensure they file form 13D or 13G within 3-5 days when a new outstanding share count is published.
Guest longinvestor Posted February 12, 2020 Posted February 12, 2020 Over at the TMFools forum, one post caught my eye; Given that investment gains are to be reported as income, we’re likely to see a monster headline number when earnings come out from Omaha. Buffett has been warning against this very headline focus but it would still be nice to see. I went back to see what other companies reported big earnings and AAPL figures 3 or 4 times in the past decade. And FNM! Berkshire has been in the top 3 a couple of times. Based on the new reporting requirements and the large Apple holdings, we’re rather likely to keep the pole position for the next decade!
CorpRaider Posted February 12, 2020 Posted February 12, 2020 So in summary it appears that 25% ownership is to become permissible without becoming a bank holding company unless you seek to exercise any control or influence beyond your normal voting rights. Potentially non voting shares might permit more ownership still. For Berkshire the accelerated disclosure rules for owning over 10% of any US traded company enforced by SEC still apply so Berkshire would have to disclose new purchases within 5 days once they exceed 10%. Large additional stakes bought in the open market are unlikely but negotiated block purchases might be conceivable. I'd imagine that Bank of America and Wells Fargo stakes will remain roughly constant from now on in share count but will gradually grow as a percentage through the investee buybacks. Berkshire will still need to monitor the investee filings to ensure they file form 13D or 13G within 3-5 days when a new outstanding share count is published. That was my conclusion. WRT Wells it seems unlikely they let it tick across the line because of the banking relationship.
villainx Posted February 12, 2020 Posted February 12, 2020 I'd imagine that Bank of America and Wells Fargo stakes will remain roughly constant from now on in share count but will gradually grow as a percentage through the investee buybacks. Berkshire will still need to monitor the investee filings to ensure they file form 13D or 13G within 3-5 days when a new outstanding share count is published. Isn't it very likely that they'll be adding a bunch of banking stock in the near future? They have the cash on hand and it seems like the regulations were the main thing holding them back. Or prices are too high, and BRK will pounce when a reasonable entry presents itself? Likewise, the reg hurdle might have limited some of T&T's purchases? So they certainly can do something too?
bookie71 Posted February 13, 2020 Posted February 13, 2020 In the local news https://www.ktuu.com/content/news/Drivers-theres-a-decades-old-Alaska-insurance-law-you-should-know-about-567785281.html
DooDiligence Posted February 13, 2020 Posted February 13, 2020 In the local news https://www.ktuu.com/content/news/Drivers-theres-a-decades-old-Alaska-insurance-law-you-should-know-about-567785281.html Does Alaska waive their $100 license reinstatement fee after a suspension for lapse in coverage? "When you lose your privilege to drive in Alaska for driving without insurance, the state suspends your license or privilege to drive. Your driving record will show that the state has taken action against your license. When you comply with the steps needed to get your license back, you are reinstating your driver’s license or privilege to drive." http://doa.alaska.gov/dmv/akol/fees.htm http://doa.alaska.gov/dmv/reinst/manins.htm
Dynamic Posted February 13, 2020 Posted February 13, 2020 As I said on the other thread mentioning the 10% to 25% rule change, the SEC rapid reporting of all purchases and sales once you're above 10% will probably stop Berkshire making meaningful open market purchases beyond maybe 11% regardless of the Fed ruling on Bank Holding Companies. With the Delta Air Lines situation in March 2019 they inadvertently exceeded 10% as DAL bought its own stock back then on realising they would have to file a Form 4 added to their position taking it to 10.4% by the time the second Form 4 was filed. https://www.sec.gov/Archives/edgar/data/27904/000120919119018303/xslF345X03/doc4.xml It's possible they could buy a little more without moving the price too much but it might well be slow, and they'd have to report the price paid. Investee buybacks instead will be the more likely gradual method by which Berkshire's stake grows in normal times, making it a very gradual process. Possibly future preferred stock and attached warrant deals like BAC in the past could allow Berkshire to make substantial increases from time to time that they couldn't do in the open market. And they could reach 33.32% ownership if they can obtain non voting stock,. There might even be scope for negotiated block purchases from other holders at times. SEC reporting for non banking stocks is similar and we've seen very little activity over 10% ownership stakes. If they become deeply undervalued it may be possible to add a bit while retaining a margin of safety, but Berkshire's best bet might be an acquisition approach at a modest premium or a financing deal with convertible warrants.
petec Posted February 13, 2020 Posted February 13, 2020 I’m predicting some big pref+warrant deals with the proceeds used for buybacks. Win-win-win!
thefatbaboon Posted February 13, 2020 Posted February 13, 2020 What is known, if anything, regarding the "business relationship" between Berkshire and Wells? The FRB's new rule has restrictions at 5% of revenues or expenses for 10% to 15% shareholders and 2% of revenues or expenses for greater than 15% shareholders.
DooDiligence Posted February 13, 2020 Posted February 13, 2020 What is known, if anything, regarding the "business relationship" between Berkshire and Wells? The FRB's new rule has restrictions at 5% of revenues or expenses for 10% to 15% shareholders and 2% of revenues or expenses for greater than 15% shareholders. This may qualify. www.railwaygazette.com/business/marmon-and-wells-fargo-buy-ge-capital-rail-businesses/41444.article I don't know how many other deals have been done alongside Wells. If Omaha values deals over ownership of Wells, it seems likely they'd stay under 10% with the new rules giving them MOS against any smell tests. --- edit: Here's another deal from 2013 www.bloomberg.com/news/articles/2013-07-25/berkshire-home-broker-to-take-wells-fargo-s-stake-in-venture --- Then there's comments like this which could be viewed as "managerial" www.bnnbloomberg.ca/munger-says-wells-fargo-ceo-scharf-ought-to-be-in-san-francisco-1.1389484
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