There are reports that, on a mark to market basis they were insolvent since September 2022.
It is very plausible that sooner or later we remove HTM accounting.
SVB wasn’t insolvent if they held their assets to maturity though. The issue was that the market to market vale was significantly lower than the hold to maturity value.
The difference was still a liquidity issue. It was magnified by the fact that the market value of their assets was dropping precipitously.
I can take my cash and purchase a 10-year zero-coupon Treasury paying ~4%; so my $1000 now buys me a payment of 1000*(1.04)^10 = $1480 in ten years. Would you say that I'm solvent now?
NPV is what matters for solvency; a cash flow later is worth less than the same cash flow now. Interest rates were ~zero for long enough that everyone seems to have forgotten this, but I guess Peter Thiel didn't.
Opinions may differ, but nothing about it is “made up” or arbitrary. It’s a generally accepted practice and reflective of very clearly defined income.
Regulators can draft whatever they want, but if their rules depart too much from economic reality then bad stuff tends to happen. I think that's what happened here.
If I'm not mistaken that's one of the services the Fed offers.