By Ariane Luthi and Oliver Hirt
BERN (Reuters) – The Swiss government on Friday proposed stricter rules for UBS following its takeover of Credit Suisse, which could make it hold $26 billion more in core capital, confirming some of the bank’s worst fears about incoming new regulations.
The key proposal, which the bank would have six to eight years to prepare for after it became law, is that UBS must fully capitalise its foreign units, in line with what many analysts, lawmakers and executives had been expecting.
UBS shares, which have lagged European peers amid months of uncertainty about the new rules, jumped after the proposals were made public on Friday afternoon, rising by as much as 7%, and on track for their best day since May 2024.
The government said its capital requirement proposal would allow UBS to reduce its holding of Additional Tier 1 (AT1) bonds by $8 billion. Today, UBS must only 60% capitalise its foreign units and can cover some of the capital with AT1 debt.
UBS executives say the additional capital burden will put the Zurich-based bank at a disadvantage to rivals and undermine the competitiveness of Switzerland as a financial centre.
Such was the shock in Switzerland over the 2023 collapse of Credit Suisse that top politicians led by Finance Minister Karin Keller-Sutter vowed to introduce more robust rules that would protect taxpayers and prevent another meltdown in future.
Keller-Sutter now holds Switzerland’s rotating one-year presidency and Friday’s announcement will start a long period of political wrangling over the measures, which the governing federal council called “targeted and proportionate”.
“They’re crucial for the stability of the financial sector and hence for protecting the economy and taxpayers,” Keller-Sutter told a press conference.
Depending on how UBS responds, the capital requirements could end up being significantly lower, she said.
A parliamentary inquiry last year noted that since UBS bought Credit Suisse for 3 billion Swiss francs ($3.65 billion) in March 2023, it has had a balance sheet bigger than the Swiss economy, and urged the government to take the foreign units into account.
The federal council said it would present drafts on the proposals for consultations with stakeholders in the second half of 2025. Finance Ministry officials say laws requiring parliamentary approval will not enter force before 2028.
Separate measures known as ordinances that can be issued directly by the government could apply from the start of 2027.
A six to eight-year transition period looked appropriate for UBS to meet new rules on capitalising foreign units from when they come into force, the government said.
That could give the bank until the mid-2030s to comply.
POSSIBLE TARGET?
Sources inside the bank have warned the new regulations could make UBS an appealing takeover target.
Among scenarios the bank has examined is shifting its headquarters out of Switzerland, sources at UBS say, and Keller-Sutter said she hoped it would stay in the country.
“At the end of the day, that’s a company decision,” she told the press conference.
Under the Swiss proposals, UBS’s Common Equity Tier 1 (CET1) capital ratio could end up somewhat higher than those of global rivals, the government said. UBS’s CET1 ratio of 14.3% could rise up to 17%, above rivals like JPMorgan at 15.8%, Morgan Stanley at 15.7%, and 15.3% at Goldman Sachs, it said.
Shares in UBS rose more than 60% in the 12 months following its acquisition of Credit Suisse. But the stock has since sharply underperformed; UBS shares have lost about 5% in the past year, while a top European banking index climbed 37%.
Analysts say the new regulations could trigger a rejig of UBS’s business model, which now focuses on growth in the United States and Asia. To take the edge off the rules, the bank may be tempted to sell some assets, banking experts say.
“The first mitigating strategy is to optimise the use of capital across the group,” said Antonio Roman, a portfolio manager at Axiom. “A second, more disruptive option, would be the sale of the U.S. business, which could free up to $50 billion in capital if it found a buyer at its carrying value.”
The Swiss government also set out piecemeal reforms to bolster the market regulator FINMA, which was heavily criticised for its response to the Credit Suisse collapse.
These include measures aimed at holding bankers to account, giving the regulator the power to impose fines and making it easier to restrain pay and claw back bonuses. Still, the proposals come years after the European Union introduced similar measures in the wake of the 2007-2009 financial crisis.
The government also proposed making it easier for banks to access liquidity from the Swiss National Bank. Barriers to transferring collateral to the SNB will also be removed.
($1 = 0.8222 Swiss francs)
(Reporting by Ariane Luthi and Oliver Hirt; Additional reporting by John Revill, John O’Donnell, Miranda Murray; Writing by Dave Graham; Editing by Tomasz Janowski)
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