Jan. 28 (Bloomberg) -- The best way to determine you paid a
fair price for your U.S. municipal bonds is to see whether the
yield is comparable to the return on other securities of similar
quality, maturity, coupon and block size on the market.
This nugget is contained in the Municipal Securities
Rulemaking Board's review of dealer pricing responsibilities,
released on Monday.
The market has been waiting for this review since last
spring. The above definition of a fair price is the closest
anyone is likely to get in an over-the-counter market that at
times seems more like the market for collectibles rather than
actual securities.
The MSRB review puts the bad guys on notice, and emphasizes
how important it is for dealers to sweat the details.
One of the wonders of the price reporting system, which has
only been in place since 1995, is that it regularly turns up
instances of wide price disparities on the same bond. This, says
the MSRB, suggests that dealers ``may not always be making the
requisite efforts to ensure that transaction prices are
reasonably related to market value.''
The municipal bonds involved in these situations ``differ
from day to day and, while they represent a very small minority
of the average 10,000 issues traded each day,'' the MSRB says,
``they are sufficiently problematic to require regulatory
review.''
Which means the Securities and Exchange Commission and the
National Association of Securities Dealers can be expected to get
into the act one of these days, in a more high profile way than
they do now.
Market Value
There are no standards for prices or markups or markdowns in
the municipal market, which drives some people crazy. The MSRB's
rule G-30 simply states that a bond's price should be ``fair and
reasonable, taking into consideration all relevant factors.''
If this sounds a little ambiguous, so is the municipal
market. One size can't fit all, not in a market where there are
so many variations.
What must your dealer do for you? The dealer ``must exercise
diligence in establishing the market value of the securities,''
says the MSRB. The dealer must know the market value of a
security, or ``use diligence in the attempt to ascertain it.''
The ultimate price must ``bear a reasonable relationship to
the prevailing market price of the security.''
Simple Error
The MSRB review also attempts to explain the large intraday
differentials in price that have been pointed out by Kevin Olson
of MunicipalBonds.com, among other people. Olson on his Web site
every day carries a list of transactions where the prices are 10
points and more apart.
Skullduggery? Not always. The ``primary cause'' of wide
price disparities is simple dealer error, says the MSRB. In other
words, a clerk types in 11.5 and 116, instead of 115 and 116. The
error shows up in the price transaction reports.
About half of the top 100 ``worst spreads'' listed on
Olson's website for 2003, for example, look like simple errors in
price reporting.
Yet not everything can be explained by clerical error.
Consider ``transaction chains'' where prices are 10 percent or
more apart. ``The question is raised whether each of these
customers received a price reasonably related to the market value
of the security,'' says the MSRB.
``This question in turn raises the issue of whether the
dealers (and any broker's brokers that may have acted on behalf
of such dealers) made sufficient effort to establish the market
value of the security when effecting their transactions.''
Now is the time for the SEC or NASD to break open one of
those ``transaction chains'' and show who did what. The ``to
whom,'' well, we can probably figure that out.
Last Updated: January 28, 2004 00:01 EST