UBS, Merrill-Lynch and others hit start-ups with securities mess

In recent weeks, we’ve been hearing reports that some banks are charging Silicon Valley start-up clients high rates to borrow funds after getting hit by the auction-rate securities mess.

One upset venture capitalist complained to me that UBS charged one of his companies a 9.1 percent interest rate – at least two full points above the going market interest rate (Libor) — after the start-up faced problems accessing money it had invested via UBS into auction-rate securities. Given that UBS and other banks advised start-up clients to invest in these auction-rate securities, it came as a bit of a shock that the bank would turn around and charge clients a premium when the securities turned sour.

It’s a cruel double whammy. First, your money is no longer there, then you have to pay a high rate to borrow against it. Add to that the fact that you can’t even borrow the full amount of the security.

Many auction-rate securities turned bad after the sub-prime credit crunch worsened earlier this year.

UBS, of course, isn’t the only bank hitting its clients with this problem, but UBS’s exposure to the crisis has been starker than most. A few weeks ago, regulators began investigating it for moving to actually lower the face-value of the securities involved. See the Wall Street Journal story here.

Many banks advised start-ups that the securities were as safe as cash. Other banks, however, such as Silicon Valley Bank, refrained from advising clients to invest in auction-rate securities.

The problem is large, though. A fifth of start-ups have money in auction-rate notes, according to Venture Wire, which surveyed 60 venture-backed start-ups about their exposure. That’s assuming all the start-ups surveyed are owning up to their exposure.

The notes make up a $330 billion market. They represent debt from city governments and other tax-exempt organizations, and the rates are reset at auctions every week.

In response to my questioning about the problem, UBS spokeswoman Karina Byrne told me she “can’t confirm or deny the 9.1 percent specifically, as we don’t speak about particular client accounts.” But she said UBS is generally charging 30-day Libor, plus 25 basis points, which is significantly lower than 9.1. Moreover, for its clients suffering losses from auction-rate securities, the bank is only letting clients take out loans of up to 50 percent of their whole value, but may boost that loan amount to 75 percent in some cases when a client has other assets with the bank.

Several weeks ago, we first reported that bank Comerica had frozen the auction-rate security funds for several start-ups after those securities turned bad.

Merrill Lynch is another bank that asked start-up clients to borrow funds when its clients were hit by the meltdown, but we were told it was doing so at a discount rate in recognition that it was partly responsible for allowing its client to get into the mess. However, we also heard that it is only committing to loan on the bad auction-rate securities at a 50 percent loan-to-value (in other words, it would ensure liquidity on the security at only half its value). Merrill Lynch spokeswoman Danielle Robinson declined comment.

Comerica is lending up to 70 percent of the par value of AAA rated auction-rate securities, according to Gregory Belanger, president of the bank’s technology and life sciences division.

Another bank, ING, has offered to ensure liquidity of $1 million on securities and says that, over time, it will try to make good on the rest.

We also checked with Square 1 Bank. Like SVB, however, it had not advised its clients to invest in auction-rate securities, and so stayed clear of this particular problem, its executives told me in a recent interview. SquareOne has had to mark down certain assets in its real-estate related holdings, but it doesn’t appear to have affected the start-up community.

[Image credit: Slate]

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Matt Marshall is editor and CEO of VentureBeat. Follow him on Twitter at @mmarshall, and follow VentureBeat on Twitter at @venturebeat.

  • 9.1% unsecured loan to a start-up with relatively little by way of assets and no track record. Hmmmm. The VC complaining has evidently lost touch with reality of the money market.

    Not sure why such ventures merit sub 200bps over Libor when default rates for such firms would historically be high and most companies are finding borrowing rates rising.

    Moreover, the bank would have to take a high regulatory capital charge for such lending, which is a further factor in setting the interest rate. Whilst the start-up might offer the ARS by way of collateral, it's not an asset a bank is going to rate highly given its illiquidity and the potential credit risk associated with the issuer.

    Given that most VC funds aren't fully invested, why doesn't the whinging VC [fund] offer to lend to the startups at slightly less than 9.1%, thereby getting their investors a better rate on the univested funds and helping out a cash flow issue for a portfolio company that might otherwise go bust. Or is it that they don't wish to take on any additional risk from these startups?
  • Jason Strike
    Matt, please get your research straight. As of recently UBS has commited a loan-to-par value on most of the auction preferred securities (not 50% release on collateral) at 30-Day LIBOR plus a relatively low risk spread. I don't know of any other bank that has such favorable loan terms for it's clients. I know it's not the solution to the problem, but it at least provides a liquidity option for cash strapped companies. In addition, since most of the APS have max rates that reset at 30-Day LIBOR plus a 150bps or even higher, APS investors in most cases are able to work a positive spread, meaning they pay less for the interest charged than interest received.
    The 9.1% mentioned above has to based on PRIME not LIBOR, since I've never heard of a 630bps spread. This company probably owns a bare minimum of $25k in APS and most likely not at UBS. This could also be some kind of margin loan against the APS. Please check your research again. Thank you.
  • John Wilson: this is a SECURED loan. I think it is said clearly in the story. Please take some care in reading the text you comment.