The mark-to-market principle 73) The crisis has brought into relief the difficulty to apply the mark-to-market principle in certain market conditions as well as the strong pro-cyclical impact that this principle can have. The Group considers that a wide reflection is needed on the mark-to-market principle. Whilst in general this principle makes sense, there may be specific conditions where this principle should not apply because it can mislead investors and distort managers' policies.

74) It is particularly important that banks can retain the possibility to keep assets, accounted for amortised cost at historical or original fair value (corrected, of course, for future impairments), over a long period in the banking book - which does not mean that banks should have the discretion to switch assets at will from the banking to the trading book. The swift October 2008 decision by the EU to modify IAS-39, thereby introducing more flexibility as well as convergence with US GAAP, is to be commended. It is irrelevant to mark-to-market, on a daily basis, assets that are intended to be held and managed on a long-term horizon provided that they are reasonably matched by financing.

75) Differences between business models must also be taken into account. For example, intermediation of credit and liquidity requires disclosure and transparency but not necessarily mark-to-market rules which, while being appropriate for investment banks and trading activities, are not consistent with the traditional loan activity and the policy of holding long term investments. Long-term economic value should be central to any valuation method: it may be based, for instance, on an assessment of the future cash flows deriving from the security as long as there is an explicit minimum holding period and as long as the cash flows can be considered as sustainable over a long period.

76) Another matter to be addressed relates to situations where assets can no longer be marked to market because there is no active market for the assets concerned. Financial institutions in such circumstances have no other solution than to use internal modelling processes. The quality and adequacy of these processes should of course be assessed by auditors. The methodologies used should be transparent. Furthermore internal modelling processes should also be overseen by the level 3 committees, in order to ensure consistency and avoid competitive distortions.

77) To ensure convergence of accounting practices and a level playing-field at the global level, it should be the role of the International Accounting Standard Board (IASB) to foster the emergence of a consensus as to where and how the mark-to-market principle should apply – and where it should not. The IASB must, to this end, open itself up more to the views of the regulatory, supervisory and business communities. This should be coupled with developing a far more responsive, open, accountable and balanced governance structure. If such a consensus does not emerge, it should be the role of the international community to set limits to the application of the mark-to-market principle.

78) The valuation of impaired assets is now at the centre of the political debate. It is of crucial importance that valuation of these assets is carried-out on the basis of common methodologies at international level. The Group encourages all parties to arrive at a solution which will minimise competition distortions and costs for taxpayers. If there are widely variant solutions – market uncertainty will not be improved.

79) Regarding the issue of pro-cyclicality, as a matter of principle, the accounting system should be neutral and not be allowed to change business models – which it has been doing in the past by 'incentivising' banks to act short term. The public good of financial stability must be embedded in accounting standard setting. This would be facilitated if the regulatory community would have a permanent seat in the IASB (see chapter on global repair).