SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-Q QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 24, 1999 ------------------ COMMISSION FILE NUMBER 1-7182 ------ MERRILL LYNCH & CO., INC. - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) DELAWARE 13-2740599 - -------------------------------------------------------------------------------- (State of incorporation) (I.R.S. Employer Identification No.) WORLD FINANCIAL CENTER, NORTH TOWER, NEW YORK, NEW YORK 10281-1332 - -------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) (212) 449-1000 - -------------------------------------------------------------------------------- Registrant's telephone number, including area code - -------------------------------------------------------------------------------- Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. YES X NO APPLICABLE ONLY TO CORPORATE ISSUERS: Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date. 366,660,192 shares of Common Stock and 4,009,359 Exchangeable Shares as of the close of business on October 29, 1999. The Exchangeable Shares, which were issued by Merrill Lynch & Co., Canada Ltd. in connection with the merger with Midland Walwyn Inc., are exchangeable at any time into Common Stock on a one-for-one basis and entitle holders to dividend, voting, and other rights equivalent to Common Stock. PART I. FINANCIAL INFORMATION ----------------------------- ITEM 1. Financial Statements -------------------- MERRILL LYNCH & CO., INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF EARNINGS (UNAUDITED)
FOR THE THREE MONTHS ENDED ------------------------------------ SEPT. 24, SEPT. 25, PERCENT(1) (dollars in millions, except per share amounts) 1999 1998 INC. (DEC.) -------- -------- ---------- NET REVENUES Commissions $ 1,440 $ 1,449 (0.7)% Principal transactions 1,059 279 279.6 Investment banking 948 711 33.3 Asset management and portfolio service fees 1,183 1,043 13.5 Other 117 151 (22.7) ------- ------- Subtotal 4,747 3,633 30.7 Interest and dividends 3,665 4,712 (22.2) Interest expense 3,144 4,496 (30.1) ------- ------- Net interest profit 521 216 141.3 ------- ------- TOTAL NET REVENUES 5,268 3,849 36.9 ------- ------- NON-INTEREST EXPENSES Compensation and benefits 2,746 2,009 36.7 Communications and technology 481 487 (1.3) Occupancy and related depreciation 230 227 1.3 Advertising and market development 190 203 (6.4) Brokerage, clearing, and exchange fees 170 186 (8.9) Professional fees 144 165 (12.9) Goodwill amortization 57 55 3.6 Provision for costs related to staff reductions - 430 N/M Other 359 292 23.0 ------- ------- TOTAL NON-INTEREST EXPENSES 4,377 4,054 7.9 ------- ------- EARNINGS (LOSS) BEFORE INCOME TAXES AND DIVIDENDS ON PREFERRED SECURITIES ISSUED BY SUBSIDIARIES 891 (205) N/M Income Tax Expense (Benefit) 271 (75) N/M Dividends on Preferred Securities Issued by Subsidiaries 48 33 48.6 ------- ------- NET EARNINGS (LOSS) $ 572 $ (163) N/M ======= ======= NET EARNINGS (LOSS) APPLICABLE TO COMMON STOCKHOLDERS $ 562 $ (173) N/M ======= ======= EARNINGS (LOSS) PER COMMON SHARE Basic $ 1.52 $ (0.48) N/M ======= ======= Diluted $ 1.34 $ (0.48) N/M ======= ======= DIVIDEND PAID PER COMMON SHARE $ 0.27 $ 0.24 12.5 ======= ======= AVERAGE SHARES USED IN COMPUTING EARNINGS PER COMMON SHARE Basic 370.3 357.6 3.6 ======= ======= Diluted 419.1 357.6 17.2 ======= ======= - ------------------------------------------------------------
(1) Percentages are based on actual numbers before rounding. N/M: Not Meaningful. See Notes to Consolidated Financial Statements 2 MERRILL LYNCH & CO., INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF EARNINGS (UNAUDITED)
FOR THE NINE MONTHS ENDED ----------------------------------- SEPT. 24, SEPT. 25, PERCENT(1) (dollars in millions, except per share amounts) 1999 1998 INC. (DEC.) -------- -------- ---------- NET REVENUES Commissions $ 4,599 $ 4,375 5.1 % Principal transactions 3,568 2,439 46.3 Investment banking 2,489 2,440 2.0 Asset management and portfolio service fees 3,452 3,156 9.3 Other 424 368 15.4 ------- ------- Subtotal 14,532 12,778 13.7 Interest and dividends 11,077 13,951 (20.6) Interest expense 9,635 13,263 (27.4) ------- ------- Net interest profit 1,442 688 109.7 ------- ------- TOTAL NET REVENUES 15,974 13,466 18.6 ------- ------- NON-INTEREST EXPENSES Compensation and benefits 8,237 6,980 18.0 Communications and technology 1,497 1,311 14.2 Occupancy and related depreciation 689 645 6.7 Advertising and market development 543 580 (6.3) Brokerage, clearing, and exchange fees 494 509 (3.0) Professional fees 404 459 (12.0) Goodwill amortization 170 166 2.5 Provision for costs related to staff reductions - 430 N/M Other 1,022 809 26.4 ------- ------- TOTAL NON-INTEREST EXPENSES 13,056 11,889 9.8 ------- ------- EARNINGS BEFORE INCOME TAXES AND DIVIDENDS ON PREFERRED SECURITIES ISSUED BY SUBSIDIARIES 2,918 1,577 85.0 Income Tax Expense 918 595 54.4 Dividends on Preferred Securities Issued by Subsidiaries 146 82 76.7 ------- ------- NET EARNINGS $ 1,854 $ 900 106.0 ======= ======= NET EARNINGS APPLICABLE TO COMMON STOCKHOLDERS $ 1,825 $ 871 109.4 ======= ======= EARNINGS PER COMMON SHARE Basic $ 4.97 $ 2.46 102.0 ======= ======= Diluted $ 4.36 $ 2.14 103.7 ======= ======= DIVIDENDS PAID PER COMMON SHARE $ 0.78 $ 0.68 14.7 ======= ======= AVERAGE SHARES USED IN COMPUTING EARNINGS PER COMMON SHARE Basic 367.6 354.1 3.8 ======= ======= Diluted 418.7 406.7 2.9 ======= ======= - ------------------------------------------------------------
(1) Percentages are based on actual numbers before rounding. N/M: Not Meaningful. See Notes to Consolidated Financial Statements 3 MERRILL LYNCH & CO., INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS (UNAUDITED)
SEPT. 24, DEC. 25, (dollars in millions) 1999 1998 - -------------------------------------------------------------------------------- -------- -------- ASSETS CASH AND CASH EQUIVALENTS $ 12,014 $ 12,530 CASH AND SECURITIES SEGREGATED FOR REGULATORY PURPOSES OR DEPOSITED WITH CLEARING ORGANIZATIONS 5,034 6,590 RECEIVABLES UNDER RESALE AGREEMENTS AND SECURITIES BORROWED TRANSACTIONS 95,703 87,713 MARKETABLE INVESTMENT SECURITIES 6,436 4,605 TRADING ASSETS, AT FAIR VALUE Equities and convertible debentures 20,859 25,318 Contractual agreements 21,260 21,979 Corporate debt and preferred stock 22,429 21,166 U.S. Government and agencies 10,624 15,421 Non-U.S. governments and agencies 6,505 7,474 Mortgages, mortgage-backed, and asset-backed 6,980 7,023 Other 3,171 3,358 -------- -------- 91,828 101,739 Securities received as collateral, net of securities pledged as collateral 9,581 6,106 -------- -------- Total 101,409 107,845 -------- -------- SECURITIES PLEDGED AS COLLATERAL 13,652 8,184 -------- -------- OTHER RECEIVABLES Customers (net of allowance for doubtful accounts of $49 in 1999 and $48 in 1998) 34,276 29,559 Brokers and dealers 10,181 8,872 Interest and other 8,078 9,278 -------- -------- Total 52,535 47,709 -------- -------- INVESTMENTS OF INSURANCE SUBSIDIARIES 4,255 4,485 LOANS, NOTES, AND MORTGAGES (net of allowance for loan losses of $144 in 1999 and 9,018 7,687 $124 in 1998) OTHER INVESTMENTS 2,966 2,590 EQUIPMENT AND FACILITIES (net of accumulated depreciation and amortization of $3,909 in 1999 and $3,482 in 1998) 3,007 2,761 GOODWILL (net of accumulated amortization of $494 in 1999 and $338 in 1998) 5,081 5,364 OTHER ASSETS 1,826 1,741 ------- -------- TOTAL ASSETS $312,936 $299,804 ======== ========
See Notes to Consolidated Financial Statements 4 MERRILL LYNCH & CO., INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS (UNAUDITED)
SEPT. 24, DEC. 25, (dollars in millions, except per share amount) 1999 1998 - -------------------------------------------------------------------------- -------- ------- LIABILITIES PAYABLES UNDER REPURCHASE AGREEMENTS AND SECURITIES LOANED TRANSACTIONS $ 69,724 $ 67,127 COMMERCIAL PAPER AND OTHER SHORT-TERM BORROWINGS 13,680 18,679 DEMAND AND TIME DEPOSITS 16,852 13,744 TRADING LIABILITIES, AT FAIR VALUE Contractual agreements 26,284 23,840 Equities and convertible debentures 14,585 21,558 U.S. Government and agencies 14,377 7,939 Non-U.S. governments and agencies 6,419 7,245 Corporate debt and preferred stock 5,207 2,878 Other 250 254 -------- -------- Total 67,122 63,714 -------- -------- OBLIGATION TO RETURN SECURITIES RECEIVED AS COLLATERAL 23,233 14,290 -------- -------- OTHER PAYABLES Customers 19,080 20,972 Brokers and dealers 10,632 7,899 Interest and other 18,230 18,738 -------- -------- Total 47,942 47,609 -------- -------- LIABILITIES OF INSURANCE SUBSIDIARIES 4,160 4,319 LONG-TERM BORROWINGS 55,400 57,563 -------- -------- TOTAL LIABILITIES 298,113 287,045 -------- -------- PREFERRED SECURITIES ISSUED BY SUBSIDIARIES 2,723 2,627 -------- -------- STOCKHOLDERS' EQUITY PREFERRED STOCKHOLDERS' EQUITY 425 425 -------- -------- COMMON STOCKHOLDERS' EQUITY Shares exchangeable into common stock 59 66 Common stock, par value $1.33 1/3 per share; authorized: 1,000,000,000 shares; issued: 1999 - 472,661,774; 1998 - 472,660,324 630 630 Paid-in capital 1,763 1,427 Accumulated other comprehensive loss (net of tax) (303) (122) Retained earnings 12,010 10,475 -------- -------- 14,159 12,476 Less: Treasury stock, at cost: 1999 - 106,662,270 shares; 1998 - 116,376,259 shares 1,856 2,101 Employee stock transactions 628 668 -------- -------- TOTAL COMMON STOCKHOLDERS' EQUITY 11,675 9,707 -------- -------- TOTAL STOCKHOLDERS' EQUITY 12,100 10,132 -------- -------- TOTAL LIABILITIES, PREFERRED SECURITIES ISSUED BY SUBSIDIARIES, AND STOCKHOLDERS' EQUITY $312,936 $299,804 ======== ========
See Notes to Consolidated Financial Statements 5 MERRILL LYNCH & CO., INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS (UNAUDITED)
FOR THE NINE MONTHS ENDED ------------------------- (dollars in millions) SEPT. 24, SEPT. 25, 1999 1998 -------- -------- CASH FLOWS FROM OPERATING ACTIVITIES: Net earnings $ 1,854 $ 900 Noncash items included in earnings: Depreciation and amortization 515 428 Policyholder reserves 154 171 Goodwill amortization 170 166 Other 555 397 (Increase) decrease in operating assets(a): Trading assets 9,166 (9,845) Cash and securities segregated for regulatory purposes or deposited with clearing organizations 1,556 (152) Receivables under resale agreements and securities borrowed transactions (7,990) (8,647) Customer receivables (4,717) (2,564) Brokers and dealers receivables (1,309) (2,138) Other 534 (273) Increase (decrease) in operating liabilities(a): Trading liabilities 3,408 (1,290) Payables under repurchase agreements and securities loaned transactions 2,597 21,007 Customer payables (1,892) 3,213 Brokers and dealers payables 2,733 1,545 Other (707) 909 -------- -------- CASH PROVIDED BY OPERATING ACTIVITIES 6,627 3,827 -------- -------- CASH FLOWS FROM INVESTING ACTIVITIES: Proceeds from (payments for): Maturities of available-for-sale securities 3,460 3,011 Sales of available-for-sale securities 2,344 2,227 Purchases of available-for-sale securities (6,693) (6,204) Maturities of held-to-maturity securities 709 628 Purchases of held-to-maturity securities (744) (643) Loans, notes, and mortgages (1,350) (2,872) Acquisitions, net of cash acquired (20) (5,227) Other investments and other assets (348) (757) Equipment and facilities (762) (888) Disposition of subsidiary - 61 -------- -------- CASH USED FOR INVESTING ACTIVITIES (3,404) (10,664) -------- -------- CASH FLOWS FROM FINANCING ACTIVITIES: Proceeds from (payments for): Commercial paper and other short-term borrowings (4,999) (4,574) Demand and time deposits 3,108 2,931 Issuance and resale of long-term borrowings 12,800 22,611 Settlement and repurchase of long-term borrowings (14,432) (11,052) Issuance of subsidiaries' preferred securities 96 1,150 Issuance of treasury stock 182 169 Other common stock transactions (175) (165) Dividends (319) (267) -------- -------- CASH (USED FOR) PROVIDED BY FINANCING ACTIVITIES (3,739) 10,803 -------- -------- (DECREASE) INCREASE IN CASH AND CASH EQUIVALENTS (516) 3,966 CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 12,530 12,073 -------- -------- CASH AND CASH EQUIVALENTS, END OF PERIOD $ 12,014 $ 16,039 ======== ======== (a) Net of effects of acquisitions. SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION: Cash paid for: Income taxes $ 657 $ 432 Interest 9,616 12,690
See Notes to Consolidated Financial Statements 6 MERRILL LYNCH & CO., INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (UNAUDITED) SEPTEMBER 24, 1999 (dollars in millions, except per share amounts) - -------------------------------------------------------------------------------- NOTE 1. BASIS OF PRESENTATION - -------------------------------------------------------------------------------- The Consolidated Financial Statements include the accounts of Merrill Lynch & Co., Inc. ("ML & Co.") and subsidiaries (collectively, "Merrill Lynch"). All material intercompany balances have been eliminated. The December 25, 1998 consolidated balance sheet was derived from the audited financial statements. The interim consolidated financial statements for the three- and nine-month periods are unaudited; however, in the opinion of Merrill Lynch management, all adjustments, consisting only of normal recurring accruals and a 1998 provision for costs related to staff reductions, necessary for a fair statement of the results of operations have been included. These unaudited financial statements should be read in conjunction with the audited financial statements included in Merrill Lynch's Annual Report included as an exhibit to Form 10-K for the year ended December 25, 1998. The nature of Merrill Lynch's business is such that the results of any interim period are not necessarily indicative of results for a full year. Certain reclassifications have also been made to prior period financial statements, where appropriate, to conform to the current period presentation. - -------------------------------------------------------------------------------- NOTE 2. SHORT-TERM BORROWINGS - -------------------------------------------------------------------------------- Short-term borrowings at September 24, 1999 and December 25, 1998 are presented below:
- --------------------------------------------------------------------------------------- SEPT. 24, DEC. 25, 1999 1998 -------- ------- PAYABLES UNDER REPURCHASE AGREEMENTS AND SECURITIES LOANED TRANSACTIONS Repurchase agreements $ 62,219 $59,501 Securities loaned transactions 7,505 7,626 -------- ------- Total $ 69,724 $67,127 ======== ======= COMMERCIAL PAPER AND OTHER SHORT-TERM BORROWINGS Commercial paper $ 11,720 $16,758 Bank loans and other 1,960 1,921 -------- ------- Total $ 13,680 $18,679 ======== ======= DEMAND AND TIME DEPOSITS Demand $ 4,871 $ 4,454 Time 11,981 9,290 -------- ------- Total $ 16,852 $13,744 ======== ======= - ---------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------- NOTE 3. PREFERRED SECURITIES ISSUED BY SUBSIDIARIES - -------------------------------------------------------------------------------- In July 1999, Merrill Lynch Yen TOPrS Trust 1 (the "Issuing Trust") issued (Yen) 10 billion ($96 at September 24, 1999) of 2.7% Yen Trust Originated Preferred Securities. The Issuing Trust holds preferred securities of a trust (the "Funding Trust") which is also a subsidiary of ML & Co. The assets of the Funding Trust consist primarily of debt securities of ML & Co. and certain of its controlled affiliates. ML & Co. has guaranteed, on a subordinated basis, certain payments of the Issuing Trust and the Funding Trust. 7 - -------------------------------------------------------------------------------- NOTE 4. SEGMENT INFORMATION - -------------------------------------------------------------------------------- In reporting to management, Merrill Lynch's operating results are categorized into two business segments: Wealth Management and Corporate and Institutional Client Group ("CICG"). For more information on these segments, see the 1998 Annual Report included as an exhibit to Form 10-K. Operating results by business segment follow:
- ------------------------------------------------------------------------------------------------------------------------------------ WEALTH CORPORATE MANAGEMENT CICG ITEMS TOTAL ---------- -------- --------- -------- THREE MONTHS ENDED SEPT. 24, 1999 Net interest revenue (a) $ 325 $ 255 $ (59)(b) $ 521 All other revenues 2,639 2,108 - 4,747 ------- -------- -------- -------- Net revenues 2,964 2,363 (59) 5,268 Non-interest expenses 2,551 1,769 57 (c) 4,377 ------- -------- -------- -------- Earnings before income taxes 413 594 (116) 891 Income tax expense (benefit) 139 160 (28) 271 Dividends on preferred securities issued by subsidiaries - - 48 48 ------- -------- -------- -------- Net earnings $ 274 $ 434 $ (136) $ 572 ======= ======== ======== ======== Total assets $57,261 $250,594 $ 5,081 $312,936 ======= ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------ WEALTH CORPORATE MANAGEMENT CICG ITEMS TOTAL ---------- -------- --------- -------- THREE MONTHS ENDED SEPT. 25, 1998 Net interest revenue (a) $ 235 $ 62 $ (81)(b) $ 216 All other revenues 2,573 1,060 - 3,633 ------- -------- -------- -------- Net revenues 2,808 1,122 (81) 3,849 Non-interest expenses, excluding staff reduction provision 2,384 1,185 55 (c) 3,624 Provision for costs related to staff reductions - - 430 (d) 430 ------- -------- -------- -------- Earnings (loss) before income taxes 424 (63) (566) (205) Income tax expense (benefit) 192 (49) (218) (75) Dividends on preferred securities issued by subsidiaries - - 33 33 ------- -------- -------- -------- Net earnings (loss) $ 232 $ (14) $ (381) $ (163) ======= ======== ======== ======== Total assets $44,193 $303,785 $ 5,413 $353,391 ======= ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------
8
- ------------------------------------------------------------------------------------------------------------------------------------ WEALTH CORPORATE MANAGEMENT CICG ITEMS TOTAL ---------- -------- --------- -------- NINE MONTHS ENDED SEPT. 24, 1999 Net interest revenue (a) $ 895 $ 735 $ (188)(b) $ 1,442 All other revenues 8,254 6,278 - 14,532 ------- -------- -------- -------- Net revenues 9,149 7,013 (188) 15,974 Non-interest expenses 7,722 5,164 170 (c) 13,056 ------- -------- -------- -------- Earnings before income taxes 1,427 1,849 (358) 2,918 Income tax expense (benefit) 519 525 (126) 918 Dividends on preferred securities issued by subsidiaries - - 146 146 ------- -------- -------- -------- Net earnings $ 908 $ 1,324 $ (378) $ 1,854 ======= ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------ WEALTH CORPORATE MANAGEMENT CICG ITEMS TOTAL ---------- -------- --------- -------- NINE MONTHS ENDED SEPT. 25, 1998 Net interest revenue (a) $ 696 $ 218 $ (226)(b) $ 688 All other revenues 7,809 4,969 - 12,778 -------- -------- -------- -------- Net revenues 8,505 5,187 (226) 13,466 Non-interest expenses, excluding staff reduction provision 7,030 4,263 166 (c) 11,459 Provision for costs related to staff reductions - - 430 (d) 430 -------- -------- -------- -------- Earnings before income taxes 1,475 924 (822) 1,577 Income tax expense (benefit) 629 264 (298) 595 Dividends on preferred securities issued by subsidiaries - - 82 82 ------- -------- -------- -------- Net earnings $ 846 $ 660 $ (606) $ 900 ======= ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------
(a) Management views interest income net of interest expense in evaluating results. (b) Represents Mercury financing costs. (c) Represents goodwill amortization from acquisitions. (d) Had this amount been allocated to segments, $163 and $267 would have been allocated to Wealth Management and CICG, respectively. 9 - -------------------------------------------------------------------------------- NOTE 5. COMPREHENSIVE INCOME - -------------------------------------------------------------------------------- The components of comprehensive income are as follows:
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED NINE MONTHS ENDED --------------------- ------------------------- SEPT. 24, SEPT. 25, SEPT. 24, SEPT. 25, 1999 1998 1999 1998 -------- -------- -------- -------- Net earnings (loss) $ 572 $ (163) $ 1,854 $ 900 Other comprehensive income (loss), net of tax: Currency translation adjustment 41 (9) (118) (4) Net unrealized losses on investment securities available-for-sale (25) (9) (63) (8) -------- -------- -------- -------- Total other comprehensive income (loss), net 16 (18) (181) (12) -------- -------- -------- -------- Comprehensive income (loss) $ 588 $ (181) $ 1,673 $ 888 ======== ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------- NOTE 6. EARNINGS PER COMMON SHARE - -------------------------------------------------------------------------------- Information relating to earnings per common share computations follows:
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED NINE MONTHS ENDED --------------------------- ------------------------- SEPT. 24, SEPT. 25, SEPT. 24, SEPT. 25, 1999 1998 1999 1998 -------- -------- -------- -------- Net earnings(loss) $ 572 $ (163) $ 1,854 $ 900 Preferred stock dividends 10 10 29 29 Net earnings(loss) applicable to -------- -------- -------- -------- common stockholders $ 562 $ (173) $ 1,825 $ 871 ======== ======== ======== ======== (shares in thousands) Weighted-average shares outstanding 370,347 357,620 367,553 354,134 -------- -------- -------- -------- Effect of dilutive instruments(1)(2): Employee stock options 27,105 29,546 29,307 30,853 FCCAAP shares 16,195 16,232 16,461 16,710 Restricted units 5,409 5,023 5,298 4,947 ESPP shares 34 32 54 52 -------- -------- -------- -------- Dilutive potential common shares 48,743 50,833 51,120 52,562 -------- -------- -------- -------- Total weighted-average diluted shares 419,090 408,453 (3) 418,673 406,696 ======== ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------ Basic earnings(loss) per common share $ 1.52 $ (0.48) $ 4.97 $ 2.46 Diluted earnings(loss) per common share $ 1.34 $ (0.48)(3) $ 4.36 $ 2.14 - ------------------------------------------------------------------------------------------------------------------------------------
(1) During the 1999 third quarter, there were 4,093 instruments that were considered antidilutive and were not included in the above computations. (2) See Note 10 to Consolidated Financial Statements in the 1998 Annual Report included as an exhibit to Form 10-K for a description of these instruments. (3) Since accounting principles require that a net loss not be diluted by potential common shares, diluted loss per share for the 1998 third quarter is calculated using only weighted-average shares outstanding. 10 - -------------------------------------------------------------------------------- NOTE 7. DERIVATIVES, COMMITMENTS, AND OTHER CONTINGENCIES - -------------------------------------------------------------------------------- Merrill Lynch enters into various derivative contracts to meet clients' needs and to manage its own market risks. Derivative contracts often involve future commitments to exchange interest payment streams or currencies (such as interest rate and currency swaps or foreign exchange forwards) or to purchase or sell other financial instruments at specified terms on a specified date. Options, for example, can be purchased or written on a wide range of financial instruments such as securities, currencies, futures, and various market indices. The notional or contractual amounts of derivatives provide only a measure of involvement in these types of transactions and represent neither the amounts subject to the various types of market risk nor the future cash requirements under these instruments. The notional or contractual amounts of derivatives used for trading purposes and included in trading inventory by type of risk follow:
- ------------------------------------------------------------------------------------------------------------------------------------ Interest Equity Commodity Rate Currency Price Price (in billions) Risk(1)(2) Risk(3) Risk Risk - ------------------------------------------------------------------------------------------------------------------------------------ SEPT. 24, 1999 - -------------- Swap agreements $2,536 $137 $ 25 $ 7 Forward contracts 110 170 - 1 Futures contracts 271 5 12 1 Options purchased 136 80 51 6 Options written 243 87 54 7 DEC. 25, 1998 - ------------- Swap agreements $2,006 $170 $ 19 $ 5 Forward contracts 62 229 - 6 Futures contracts 184 2 10 3 Options purchased 254 93 71 4 Options written 192 96 58 6 - ------------------------------------------------------------------------------------------------------------------------------------
(1) Certain derivatives subject to interest rate risk are also exposed to the credit spread risk of the underlying financial instrument. (2) Forward contracts subject to interest rate risk principally represent "To Be Announced" mortgage pools that bear interest rate as well as principal prepayment risk. (3) Included in the currency risk category are certain contracts that are also subject to interest rate risk. - -------------------------------------------------------------------------------- The notional or contractual amounts of derivatives at September 24, 1999 and December 25, 1998 used to hedge all other exposures, primarily borrowings, follow:
- ------------------------------------------------------------------------------------------------------------------------------------ SEPT. 24, DEC. 25, (in billions) 1999 1998 -------- ------- Interest rate derivatives(1) $68 $71 Currency derivatives(1) 23 19 Equity derivatives 5 5 - ------------------------------------------------------------------------------------------------------------------------------------
(1) Includes swap contracts totaling $2 billion in notional amounts that contain embedded options hedging callable debt at September 24, 1999 and December 25, 1998. 11 Most of these derivatives are entered into with Merrill Lynch's derivative dealer subsidiaries, which intermediate interest rate, currency, and equity risks with third parties. Realized gains and losses on early terminations of derivatives are deferred over the remaining lives of the hedged assets or liabilities. At September 24, 1999, $29 of such gains were deferred; $20 of this amount will be recognized over the next year and the remaining $9 will be recognized over the next five years. In the normal course of business, Merrill Lynch enters into underwriting commitments and commitments to extend credit. Settlement of these commitments as of September 24, 1999 would not have a material effect on the consolidated financial condition of Merrill Lynch. Subsequent to quarter end, Merrill Lynch extended a $2.5 billion loan commitment to an investment grade company in connection with a proposed acquisition transaction. Merrill Lynch intends to syndicate a significant portion of this loan commitment. Refer to Part II - Other Information for a discussion of legal proceedings. In September 1999, Merrill Lynch paid remaining liabilities of $400 and $17 plus interest in settlement of the Orange County action and the related Irvine Ranch Water District action, respectively. - -------------------------------------------------------------------------------- NOTE 8. REGULATORY REQUIREMENTS - -------------------------------------------------------------------------------- Merrill Lynch, Pierce, Fenner & Smith Incorporated ("MLPF&S"), a registered broker-dealer, is subject to the net capital requirements of Rule 15c3-1 under the Securities Exchange Act of 1934. Under the alternative method permitted by this rule, the minimum required net capital, as defined, shall not be less than 2% of aggregate debit items arising from customer transactions. At September 24, 1999, MLPF&S's regulatory net capital of $4,147 was 17% of aggregate debit items, and its regulatory net capital in excess of the minimum required was $3,663. Merrill Lynch International ("MLI"), a U.K. registered broker-dealer, is subject to the capital requirements of the Financial Services Authority ("FSA"). Financial resources, as defined, must exceed the total financial resources requirement of the FSA. At September 24, 1999, MLI's financial resources were $3,574 and exceeded the minimum requirement by $926. Merrill Lynch Government Securities Inc. ("MLGSI"), a primary dealer in U.S. Government securities, is subject to the capital adequacy requirements of the Government Securities Act of 1986. This rule requires dealers to maintain liquid capital in excess of market and credit risk, as defined, by 20% (a 1.2-to-1 capital-to-risk standard). At September 24, 1999, MLGSI's liquid capital of $1,627 was 387% of its total market and credit risk, and liquid capital in excess of the minimum required was $1,122. - -------------------------------------------------------------------------------- NOTE 9. COMMON STOCK - -------------------------------------------------------------------------------- In February 1999, ML & Co. issued 1,450 shares of common stock to certain non-U.S. employees in connection with an employee incentive plan grant, thereby increasing issued shares to 472,661,774. 12 INDEPENDENT ACCOUNTANTS' REPORT - ------------------------------- To the Board of Directors and Stockholders of Merrill Lynch & Co., Inc.: We have reviewed the accompanying condensed consolidated balance sheet of Merrill Lynch & Co., Inc. and subsidiaries ("Merrill Lynch") as of September 24, 1999, and the related condensed consolidated statements of earnings for the three- and nine-month periods ended September 24, 1999 and September 25, 1998 and the condensed consolidated statement of cash flows for the nine-month periods ended September 24, 1999 and September 25, 1998. These financial statements are the responsibility of Merrill Lynch's management. We conducted our review in accordance with standards established by the American Institute of Certified Public Accountants. A review of interim financial information consists principally of applying analytical procedures to financial data and of making inquiries of persons responsible for financial and accounting matters. It is substantially less in scope than an audit conducted in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to such condensed consolidated financial statements for them to be in conformity with generally accepted accounting principles. We have previously audited, in accordance with generally accepted auditing standards, the consolidated balance sheet of Merrill Lynch as of December 25, 1998, and the related consolidated statements of earnings, changes in stockholders' equity, comprehensive income and cash flows for the year then ended (not presented herein); and in our report dated February 22, 1999, we expressed an unqualified opinion and included an explanatory paragraph for the change in accounting method for certain internal-use software development costs to conform with Statement of Position 98-1. In our opinion, the information set forth in the accompanying condensed consolidated balance sheet as of December 25, 1998 is fairly stated, in all material respects, in relation to the consolidated balance sheet from which it has been derived. /s/ Deloitte and Touche LLP New York, New York November 5, 1999 13 - -------------------------------------------------------------------------------- ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS - -------------------------------------------------------------------------------- Merrill Lynch & Co., Inc. ("ML & Co." and, together with its subsidiaries and affiliates, "Merrill Lynch") is a holding company that, through its subsidiaries and affiliates, provides investment, financing, advisory, insurance, and related services worldwide. Merrill Lynch conducts its businesses in global financial markets that are influenced by numerous unpredictable factors including economic conditions, monetary policies, liquidity, international and regional political events, regulatory developments, the competitive environment, and investor sentiment. These conditions or events can significantly affect the volatility of financial markets. While greater volatility increases risk, it may also increase order flow in businesses such as trading and brokerage. Revenues and net earnings may vary significantly from period to period due to these unpredictable factors and the resulting market volatility. The financial services industry continues to be affected by the intensifying competitive environment, as demonstrated by consolidation through mergers and acquisitions, diminishing margins in many mature products and services, as well as significant growth in the market for on-line trading services. The relaxation of banks' barriers to entry into the securities industry and expansion by insurance companies into traditional brokerage products, coupled with the imminent repeal of the laws separating commercial and investment banking activities and other financial services, have increased the number of companies competing for a similar customer base. In addition to providing historical information, Merrill Lynch may make or publish forward-looking statements about management expectations, strategic objectives, business prospects, anticipated financial performance, and other similar matters. A variety of factors, many of which are beyond its control, affect the operations, performance, business strategy, and results of Merrill Lynch and could cause actual results and experience to differ materially from the expectations expressed in these statements. These factors include, but are not limited to, the factors listed in the previous paragraphs, as well as: o actions and initiatives taken by both current and potential competitors, o the impact of current and future legislation and regulation throughout the world, and o the other risks and uncertainties detailed in the following sections. MERRILL LYNCH UNDERTAKES NO RESPONSIBILITY TO UPDATE PUBLICLY OR REVISE ANY FORWARD-LOOKING STATEMENTS. - -------------------------------------------------------------------------------- BUSINESS ENVIRONMENT - -------------------------------------------------------------------------------- Global financial markets were affected by a modest slowdown during the 1999 third quarter, after a generally strong first six months. A midsummer U.S. stock market correction, combined with uncertainty regarding the direction of U.S. interest rates and weakness in the U.S. dollar versus the Japanese yen, contributed to lower trading and debt underwriting activity industrywide. Investor and issuer demand were up significantly from the 1998 third quarter, when an unprecedented widening of credit spreads and diminished liquidity negatively impacted global financial markets. Long-term U.S. interest rates, as measured by the yield on the 30 year U.S. Treasury bond, declined slightly during the 1999 third quarter, but were higher compared with the year-ago period. Short-term U.S. rates, however, rose in June and again in August, when the Federal Reserve raised the overnight lending rate twenty-five basis points. Long-term interest rates in Europe generally increased during the 1999 third quarter, and were higher compared with the 1998 third quarter. Credit spreads, which represent the risk premium over the risk-free rate paid by an issuer (based on the issuer's perceived creditworthiness), widened in the 1999 third quarter, but not as dramatically as in the year-ago period. U.S. equity indices, which posted overall gains during the 1999 first half, lost some of their momentum in the 1999 third quarter. The Federal Reserve's decision to raise the overnight lending rate on two separate occasions, in addition to investor concern about potential rate increases and inflation, contributed 14 to declines in most equity indices. The Dow Jones Industrial Average and the S&P 500 fell 5.8% and 6.6%, respectively, in the 1999 third quarter erasing all gains achieved since April, but were up 31.8% and 26.1%, respectively, from the end of the year-ago period. Aided by gains in certain technology stocks, the NASDAQ increased 2.2% in the quarter and 62.1% compared with the end of the 1998 third quarter. The renewed strength of the Japanese yen and concern over rising U.S. interest rates prevented many global equity markets from achieving the significant gains recorded in the 1999 first half. During the quarter, Tokyo stocks rose 20% in U.S. dollar terms but only 5% in local currency terms as the Bank of Japan's monetary policy remained unchanged. Virtually all other Asian equity markets suffered declines during the quarter, while Latin American equity indices gave up nearly all of the gains posted earlier in the year. European markets continued their sluggish performance during the 1999 third quarter, as evidenced by the decline in most equity indices and the continued weakening of the euro. Concerns over U.S. interest rates contributed to a decrease in global debt underwriting volume during the 1999 third quarter, which declined 25% from $399 billion in the 1999 second quarter to approximately $300 billion, according to Thomson Financial Securities Data. In addition, the 1999 third quarter had the lowest high-yield debt underwriting volume since the 1996 third quarter. Equity issuances were down from the 1999 second quarter, but were nearly double the 1998 third quarter volume. Strategic services activities remained strong during the 1999 third quarter, reflecting a continuation of the high level of merger and acquisition activity experienced in the 1999 first half. Global announced mergers and acquisitions totaled $766 billion in the 1999 third quarter, up from $552 billion in the 1999 second quarter and $535 billion in the year-ago period, according to Thomson Financial Securities Data. Non-U.S. strategic services continued to dominate merger and acquisition activity, with European companies involved in four of the five largest announced transactions during the 1999 third quarter. Due to changes in the competitive environment, Merrill Lynch continually evaluates its businesses across varying market conditions for profitability and alignment with long-term strategic objectives. Merrill Lynch seeks to mitigate the effects of volatility and market downturns by exploring selective expansion of its global presence, developing and maintaining long-term client relationships, monitoring costs and risks, and continuing to diversify revenue sources. - -------------------------------------------------------------------------------- RESULTS OF OPERATIONS - --------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------------------ FOR THE THREE MONTHS ENDED INCREASE (DECREASE) ------------------------------------------- 3Q99 VERSUS SEPT. 24, JUNE 25, SEPT. 25, ------------------- (dollars in millions, except per share amounts) 1999 1999 1998 2Q99 3Q98 - ------------------------------------------------------------------------------------------------------------------------------------ Total revenues $ 8,412 $ 8,630 $ 8,345 (3)% 1% Net revenues 5,268 5,440 3,849 (3) 37 Pre-tax earnings (loss) 891 1,031 (205) (14) N/M Net earnings (loss) 572 673 (163) (15) N/M Net earnings (loss) applicable to common stockholders 562 664 (173) (15) N/M Earnings (loss) per common share Basic 1.52 1.80 (0.48) (1) (16) N/M Diluted 1.34 1.57 (0.48) (1) (15) N/M Annualized return on average common stockholders' equity 20.2% 25.4% (7.3)%(2) Effective tax rate 30.4 30.0 36.4 - ------------------------------------------------------------------------------------------------------------------------------------
(1) Excluding the special provision for staff reductions, basic and diluted earnings per common share were $0.32 and $0.28, respectively. (2) Excluding the special provision for staff reductions, annualized return on average common stockholders' equity was 4.8%. 15 The following discussion compares the third quarters of 1999 and 1998 and, where appropriate, contrasts the 1999 third and second quarters. Merrill Lynch's net earnings were $572 million for the 1999 third quarter, compared with a net loss of $163 million in the year-ago period, which included a special provision for costs related to staff reductions ($288 million after-tax, $430 million pre-tax). Excluding the special provision, net earnings were up $447 million from the 1998 third quarter. Basic and diluted earnings per common share for the 1999 third quarter were $1.52 and $1.34, respectively, versus $0.32 and $0.28 in the 1998 third quarter, excluding the special provision. Net revenues were $5.3 billion, up 37% from the 1998 third quarter, led by record revenues in investment banking and asset management and portfolio service fees, and sharply higher principal transactions revenues and net interest. Non-U.S. net revenues advanced to 36% of total net revenues in the 1999 third quarter, versus 21% in the 1998 third quarter and 33% in the 1999 second quarter. Net earnings for the 1999 nine months were a record $1.9 billion, versus $900 million in the corresponding 1998 period. Year-to-date basic and diluted earnings per common share were $4.97 and $4.36, respectively, compared with $2.46 and $2.14 in the corresponding 1998 period. Annualized return on average common stockholders' equity was 23.3% for the 1999 nine months versus 12.9% for the 1998 first nine months. Excluding the special provision, 1998 nine-month earnings were $1.2 billion, or $2.85 per diluted common share. On the same basis, annualized return on average common stockholders' equity was 17.1% in 1998. Earnings on a cash basis, which exclude goodwill amortization, were $629 million for the 1999 third quarter, and $2.0 billion for the nine-month period. On the same basis, excluding the special provision, 1998 third quarter and nine-month earnings were $180 million and $1.4 billion, respectively. Commissions revenues are summarized as follows:
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED NINE MONTHS ENDED ------------------------- ----------------------- SEPT. 24, SEPT. 25, % SEPT. 24, SEPT. 25, % (in millions) 1999 1998 INC.(DEC.) 1999 1998 INC.(DEC.) - ------------------------------------------------------------------------------------------------------------------------------------ Listed and over-the-counter $ 800 $ 818 (2)% $ 2,596 $ 2,386 9% Mutual funds 422 445 (5) 1,374 1,442 (5) Other 218 186 17 629 547 15 -------- -------- -------- -------- Total $ 1,440 $ 1,449 (1) $ 4,599 $ 4,375 5 ======== ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------
Commissions revenues declined modestly from the 1998 third quarter as higher revenues from short-term debt instruments were more than offset by lower mutual fund sales and listed securities revenues. Lower industry trading volume contributed to these declines. 16 Significant components of interest and dividend revenues and interest expense follow:
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED NINE MONTHS ENDED -------------------------- ----------------------- SEPT. 24, SEPT. 25, SEPT. 24, SEPT. 25, (in millions) 1999 1998 1999 1998 - ----------------------------------------------------------------------------------------------------------- INTEREST AND DIVIDEND REVENUES Resale agreements and securities borrowed transactions $ 1,397 $ 1,969 $ 4,184 $ 5,989 Trading assets 788 1,251 2,529 3,685 Margin lending 703 712 2,071 2,105 Dividends 141 142 456 448 Other 636 638 1,837 1,724 -------- -------- -------- -------- Total 3,665 4,712 11,077 13,951 ======== ======== ======== ======== INTEREST EXPENSE Repurchase agreements and securities loaned transactions 1,224 1,909 3,719 5,513 Borrowings 1,087 1,458 3,302 4,250 Trading liabilities 402 673 1,352 2,160 Other 431 456 1,262 1,340 -------- -------- -------- -------- Total 3,144 4,496 9,635 13,263 ======== ======== ======== ======== NET INTEREST AND DIVIDEND PROFIT $ 521 $ 216 $ 1,442 $ 688 ======== ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------
Interest and dividend revenues and expenses are a function of the level and mix of interest-earning assets and interest-bearing liabilities and the prevailing level, term structure, and volatility of interest rates. Net interest and dividend profit in the 1999 third quarter was sharply higher compared with the 1998 third quarter, partially due to lower funding costs, changes in asset composition, and a steepening yield curve. Merrill Lynch hedges certain of its long- and short-term borrowings, primarily with interest rate and currency swaps, to better match the interest rate and currency characteristics of the borrowings to the assets funded by borrowing proceeds. The effect of this hedging activity, which is included in "Borrowings" in the previous table, (decreased)/increased interest expense by $(69) million and $2 million for the 1999 and 1998 third quarters, respectively, and by $(234) million and $(20) million for the 1999 and 1998 nine months, respectively. 17 The following table provides information on aggregate trading revenues, including related net interest. Interest revenue and expense amounts are based on management's assessment of the cost to finance trading positions, after consideration of the underlying liquidity of these positions. Trading and related hedging and financing activities affect the recognition of both principal transactions revenues and net interest and dividend revenues. In assessing the profitability of its trading activities, Merrill Lynch aggregates net interest and principal transactions revenues. For financial reporting purposes, however, realized and unrealized gains and losses on trading positions, including hedges, are recorded in principal transactions revenues. The net interest carry (i.e., the spread representing interest earned less financing costs) for trading positions, including hedges, is recorded either as principal transactions revenues or net interest revenues, depending on the nature of the specific instruments. Changes in the composition of trading inventories and hedge positions can cause the recognition of revenues within these categories to fluctuate.
- ------------------------------------------------------------------------------------------------------------------------------------ PRINCIPAL NET TRADING TRANSACTIONS INTEREST NET REVENUES REVENUES REVENUES ------------------ ------------------ ----------------- (in millions) 1999 1998 1999 1998 1999 1998 - ------------------------------------------------------------------------------------------------------ THIRD QUARTER - ------------- Equities and equity derivatives $ 429 $ 337 $ 104 $ 36 $ 533 $ 373 Debt and debt derivatives 464 (190) 61 (63) 525 (253) Mortgages and municipals 119 80 63 66 182 146 Foreign exchange 47 52 (1) (2) 46 50 ------- ------- ------- ------- ------- ------- Total $ 1,059 $ 279 $ 227 $ 37 $ 1,286 $ 316 ======= ======= ======= ======= ======= ======= NINE MONTHS - ----------- Equities and equity derivatives $ 1,518 $ 1,258 $ 303 $ 81 $ 1,821 $ 1,339 Debt and debt derivatives 1,571 785 133 (91) 1,704 694 Mortgages and municipals 323 235 217 180 540 415 Foreign exchange 156 161 - (2) 156 159 ------- ------- ------- ------- ------- ------- Total $ 3,568 $ 2,439 $ 653 $ 168 $ 4,221 $ 2,607 ======= ======= ======= ======= ======= ======= - ------------------------------------------------------------------------------------------------------------------------------------
Trading net revenues increased $970 million from the 1998 third quarter to $1.3 billion in the 1999 third quarter as a result of higher revenues in nearly all categories, particularly in debt and debt derivatives trading. Equities and equity derivatives trading net revenues were $533 million, up 43% from the 1998 third quarter, due in part to higher global convertible revenues compared with the 1998 third quarter. A general improvement in market conditions also contributed to increased revenues from certain other equity products. Debt and debt derivatives trading net revenues were $525 million in the 1999 third quarter, compared with a $253 million loss in the corresponding 1998 period. Revenues from corporate bond trading and European credit trading increased significantly from the 1998 third quarter, when severe market volatility led to losses in emerging market and other credit-sensitive fixed-income products. Latin American and Asian debt revenues dramatically improved from the corresponding 1998 quarter, due in part to more stable market conditions and tighter credit spreads. Mortgages and municipals revenues increased 25% to $182 million in the 1999 third quarter, partially due to higher customer demand. Foreign exchange revenues were down 8% to $46 million in the 1999 third quarter. 18 Investment banking revenues reached a record $948 million in the 1999 third quarter, up 33% from the corresponding 1998 period as a result of higher debt and equity underwriting and record strategic services fees. A summary of Merrill Lynch's investment banking revenues follows:
- ----------------------------------------------------------------------------------------------------------------------------------- THREE MONTHS ENDED NINE MONTHS ENDED --------------------- ------------------- SEPT. 24, SEPT. 25, % SEPT. 24, SEPT. 25, % (in millions) 1999 1998 INC. 1999 1998 INC.(DEC.) - ------------------------------------------------------------------------------------------------------------------------------------ Underwriting $ 565 $ 384 47% $ 1,586 $ 1,648 (4)% Strategic services 383 327 17 903 792 14 -------- -------- -------- -------- Total $ 948 $ 711 33 $ 2,489 $ 2,440 2 ======== ======== ======== ======== - ------------------------------------------------------------------------------------------------------------------------------------
Both debt and equity underwriting revenues were significantly higher compared with the 1998 third quarter, when global market volatility led to an industrywide slowdown in new issuances. Merrill Lynch remained the leading underwriter of total debt and equity offerings during the 1999 third quarter, in addition to obtaining the number one ranking in worldwide initial public offerings and increasing its market share in virtually all categories from the 1998 third quarter. Merrill Lynch's underwriting market share information based on transaction value follows:
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED -------------------------------------------------- SEPT. 24, 1999 SEPT. 25, 1998 --------------- --------------- MARKET MARKET SHARE RANK SHARE RANK - ------------------------------------------------------------------------------------------------------------------------------------ U.S. PROCEEDS Debt 17.4% 1 14.9% 1 Equity 12.4 2 12.1 2 Debt and equity 17.1 1 15.2 1 GLOBAL PROCEEDS Debt 13.5 1 13.1 1 Equity 14.4 3 9.4 4 Debt and equity 13.7 1 13.5 1 - ------------------------------------------------------------------------------------------------------------------------------------
Source: Thomson Financial Securities Data statistics based on full credit to book manager. Strategic services fees increased 17% from the 1998 third quarter and 22% from the 1999 second quarter to a record $383 million, benefiting from higher levels of merger and acquisition activity, particularly in Europe. Merrill Lynch's merger and acquisition market share information for the 1999 and 1998 third quarters based on transaction value follows:
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED ---------------------------------------------------- SEPT. 24, 1999 SEPT. 25, 1998 ------------------- ------------------ MARKET MARKET SHARE RANK SHARE RANK - ------------------------------------------------------------------------------------------------------------------------------------ COMPLETED TRANSACTIONS U.S. 20.5% 4 40.1% 1 Global 24.4 3 28.9 1 ANNOUNCED TRANSACTIONS U.S. 23.5 3 45.8 2 Global 24.7 4 32.1 2 - ------------------------------------------------------------------------------------------------------------------------------------
Source: Thomson Financial Securities Data statistics based on full credit to both target and acquiring companies' advisors. 19 Merrill Lynch's asset management and portfolio service fees are summarized below:
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED NINE MONTHS ENDED -------------------- --------------------- SEPT. 24, SEPT. 25, % SEPT. 24, SEPT. 25, % (in millions) 1999 1998 INC.(DEC.) 1999 1998 INC. (DEC.) - ------------------------------------------------------------------------------------------------------------------------------------ Asset management fees $ 546 $ 501 9 % $1,617 $1,553 4 % Portfolio service fees 385 310 24 1,079 850 27 Account fees 124 110 13 382 344 11 Other fees 128 122 5 374 409 (9) ------ ------ ------ ------ Total $1,183 $1,043 13 $3,452 $3,156 9 ====== ====== ====== ====== - ------------------------------------------------------------------------------------------------------------------------------------
Asset management fees increased from the 1998 third quarter due to the 10% growth in assets under management, attributable to a net inflow of customer assets and asset appreciation since September 25, 1998. During the 1999 third quarter, assets under management decreased less than 1% as a result of a decline in asset values associated with the U.S. stock market, and net redemptions from both retail and institutional accounts. This decline was partially offset by reinvested dividends and foreign exchange gains. Record portfolio service fees resulted in part from a nearly 200,000 increase in the number of fee-based accounts since the end of the 1998 third quarter, including those related to Merrill Lynch Consults (Registered Trademark) and Unlimited Advantage (Service Mark), Merrill Lynch's new fee-based financial service. Total assets in fee-based accounts totaled $117 billion at the end of the 1999 third quarter, up significantly from $73 billion at September 25, 1998. The majority of the revenues associated with these accounts is included in portfolio service fees, with the remainder in asset management fees. Account fees rose, due in part to an increase in Individual Retirement Account/Keogh and Cash Management Account fees. Total assets in Wealth Management client accounts or under management were $1.5 trillion at September 24, 1999, representing a $195 billion increase from September 25, 1998 and a $16 billion decrease from June 25, 1999. The third quarter decline resulted from a merger related loss of an employee group stock plan, which had assets of $23 billion. Assets under management, which are included in total assets in Wealth Management client accounts or under management, totaled $514 billion at the end of the 1999 third quarter, an increase of $47 billion from the end of the 1998 third quarter, and a decrease of less than 1% from the end of the 1999 second quarter, as discussed in the previous paragraph. The changes in these balances are noted as follows:
- ------------------------------------------------------------------------------------------------------------------------------------ SEPT. 25, NEW ASSET SEPT. 24, (in billions) 1998 MONEY(1) APPRECIATION(2) 1999 - ------------------------------------------------------------------------------------------------------------------------------------ Total assets in Wealth Management client accounts or under management $1,319 $64 $131 $1,514 Total assets under management 467 13 34 514 - ------------------------------------------------------------------------------------------------------------------------------------
(1 Includes reinvested dividends of $11 billion. (2) Includes foreign exchange translation adjustments of $(7) billion. Other revenues decreased 23% from the 1998 third quarter to $117 million in the 1999 third quarter, due in part to lower realized investment gains and the 1998 third quarter gain on the sale of a residential real estate subsidiary. 20 Merrill Lynch's non-interest expenses are summarized below:
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED NINE MONTHS ENDED --------------------- --------------------- SEPT. 24, SEPT. 25, SEPT. 24, SEPT. 25, (in millions) 1999 1998 1999 1998 - ------------------------------------------------------------------------------------------------------------------ Compensation and benefits $ 2,746 $ 2,009 $ 8,237 $ 6,980 -------- -------- -------- -------- Non-interest expenses, excluding compensation and benefits: Communications and technology 481 487 1,497 1,311 Occupancy and related depreciation 230 227 689 645 Advertising and market development 190 203 543 580 Brokerage, clearing, and exchange fees 170 186 494 509 Professional fees 144 165 404 459 Goodwill amortization 57 55 170 166 Provision for costs related to staff reductions - 430 - 430 Other 359 292 1,022 809 -------- -------- -------- -------- Total non-interest expenses, excluding compensation and benefits 1,631 2,045 4,819 4,909 -------- -------- -------- -------- Total non-interest expenses $ 4,377 $ 4,054 $ 13,056 $ 11,889 ======== ======== ======== ======== Compensation and benefits as a percentage of net revenues 52.1 % 52.2 % 51.6 % 51.8 % Compensation and benefits as a percentage of pre-tax earnings before compensation and benefits 75.5 90.0 (1) 73.8 77.7 (1) - ------------------------------------------------------------------------------------------------------------------------------------
(1) Excludes provision for costs related to staff reductions. Non-interest expenses, excluding compensation costs, were up 1% from the 1998 third quarter (excluding the special provision) and were down 3% from the 1999 second quarter. Compensation and benefits, the largest expense category, rose $737 million from the 1998 third quarter, or 37%, to $2.7 billion as increased profitability led to significantly higher incentive compensation. Compensation and benefits as a percentage of net revenues was 52.1% for the 1999 third quarter and 51.6% for the 1999 nine months, in line with the ratios for each of the last three years. Communications and technology costs declined 1% from the 1998 third quarter to $481 million in the 1999 third quarter, due in part to reductions in Y2K consulting costs, increased capitalization of certain software costs related to various initiatives, including Merrill Lynch's self directed on-line trading platform, and higher preferred vendor discounts. Occupancy and related depreciation expense was $230 million in the 1999 third quarter, virtually unchanged from the comparable 1998 period. Advertising and market development expense was $190 million, down 6% from the 1998 third quarter, principally due to reductions in sales promotion and global travel and entertainment expenses. Brokerage, clearing, and exchange fees decreased 9% to $170 million due in part to lower global trading volume. Professional fees were $144 million, down 13% from the 1998 third quarter. Goodwill amortization was $57 million in the 1999 third quarter, virtually unchanged from the year-ago quarter. Other expenses were $359 million, up 23% from a year ago, due in part to unfavorable foreign exchange movements related to the Japanese yen versus the U.S. dollar and higher provisions related to various legal and business matters. For the third quarter of 1999, the effective tax rate was 30.4%, virtually unchanged from the 1999 second quarter rate but down from 36.4% in the 1998 third quarter, benefiting from tax-advantaged financing and higher tax-exempt and non-U.S. income. The year-to-date effective tax rate was 31.5%. 21 - -------------------------------------------------------------------------------- BUSINESS SEGMENTS - -------------------------------------------------------------------------------- Merrill Lynch reports the results of its four strategic business priorities within two business segments: Wealth Management and Corporate and Institutional Client. Wealth Management comprises Merrill Lynch's U.S. Private Client, International Private Client, and Asset Management strategic priorities, all of which provide services related to the accumulation and management of wealth for individual investors, corporations, institutions, and governments. These strategic priorities serve largely the same customer base, provide similar products and services, utilize comparable distribution channels to deliver those products and services, operate in a highly regulated environment, and accordingly, are managed and evaluated on an aggregate basis. The Corporate and Institutional Client Group ("CICG"), Merrill Lynch's other strategic priority, is reported as a separate business segment due to the distinct nature of the products it provides and the clients it serves. CICG's activities primarily involve providing equity and debt sales and trading, underwriting and strategic advisory services, and other capital markets services to corporate, institutional, and governmental clients throughout the world. For further information on services provided to clients within these segments, see the 1998 Form 10-K and the 1998 Annual Report included as an exhibit thereto. The segment operating results exclude certain corporate items, which reduced net earnings for the 1999 and 1998 third quarters by $136 million and $381 million, respectively. Corporate items reduced the 1999 and 1998 nine-month net earnings by $378 million and $606 million, respectively. (See Note 4 to Consolidated Financial Statements - Unaudited.) - -------------------------------------------------------------------------------- WEALTH MANAGEMENT
- ------------------------------------------------------------------------------------------------------------------------------------ THREE MONTHS ENDED NINE MONTHS ENDED ------------------- ------------------------ SEPT. 24, SEPT. 25, SEPT. 24, SEPT. 25, (in millions) 1999 1998 1999 1998 - ---------------------------------------------- ------------------------ Net revenues $ 2,964 $2,808 $ 9,149 $ 8,505 Net earnings 274 232 908 846 - ------------------------------------------------------------------------------------------------------------------------------------
Net revenues and net earnings for Wealth Management were approximately $3.0 billion and $274 million, respectively, in the 1999 third quarter, up 6% and 18% from $2.8 billion and $232 million in the 1998 third quarter. Record revenues in asset management and portfolio service fees, resulting from significant growth in the number of fee-based accounts and market appreciation, contributed to these results. In the U.S., total assets in Wealth Management client accounts or under management were $1,191 billion at September 24, 1999, which included $304 billion in assets under management. Outside the U.S., total assets in Wealth Management client accounts or under management were $323 billion. Assets under management outside the U.S. were $210 billion at the end of the third quarter. In the asset management business, U.S. mutual fund performance strengthened significantly during the 1999 first nine months, as funds containing 76% of client assets outperformed their Lipper median. Initiatives in Japan continued to improve during the quarter, with year-to-date net revenues ahead of management's expectations. For the quarter, net revenues in Japan were up over 50% from the 1999 second quarter and client assets grew approximately 40% (20%, excluding the impact of foreign exchange) to nearly $8 billion. Unlimited Advantage, Merrill Lynch's new fee-based financial service, has also been positively received, and since the June 1st announcement date, has added nearly 100,000 new accounts and total assets of over $16 billion, approximately 20% of which is new money. In addition, approximately 80,000 Financial Advantage (Service Mark) and Asset Power (Service Mark) accounts containing $24 billion in total assets were converted to Unlimited Advantage accounts. Over time this initiative will lead to a shift from commissions revenues to asset management and portfolio service fees. Wealth Management and CICG also further expanded their investment in electronic communications networks by jointly purchasing an equity stake in Archipelago, which is expected to provide retail and institutional clients enhanced access to trading markets. In December 1999, Merrill Lynch, through the launch of a new ML Online platform and ML Direct (Service Mark), will substantially increase clients' choices to access on-line trading capabilities. This initiative is in its early stages and based on information currently available, we cannot predict with certainty the impact it will have on revenues or earnings in future periods. 22 - -------------------------------------------------------------------------------- CICG - --------------------------------------------------------------------------------
- -------------------------------------------------------------------------------- THREE MONTHS ENDED NINE MONTHS ENDED --------------------- ----------------------- SEPT. 24, SEPT. 25, SEPT. 24, SEPT. 25, (in millions) 1999 1998 1999 1998 - ----------------------------------------------- ------------------------ Net revenues $ 2,363 $ 1,122 $ 7,013 $ 5,187 Net earnings (loss) 434 (14) 1,324 660 - --------------------------------------------------------------------------------
CICG net revenues were approximately $2.4 billion in the 1999 third quarter, more than double the net revenues in the 1998 third quarter, when global market turbulence adversely impacted trading and origination revenues. Revenues were in line with 1999 second quarter results, despite a more difficult market environment. Net earnings were $434 million during the quarter, compared with a net loss of $14 million in the 1998 third quarter. Debt trading and origination revenues were both sharply higher compared with the 1998 third quarter, when CICG experienced losses in credit sensitive products related to the disruption in global debt markets. Equity trading and origination revenues increased from the 1998 third quarter due in part to a more favorable market environment and improved underwriting market share. In addition, Merrill Lynch was ranked #1 in worldwide initial public offerings for the 1999 third quarter. The Global Equities business had record revenues for the 1999 nine months. CICG earnings also benefited from record strategic services fees during the 1999 third quarter, as a result of higher levels of merger and acquisition activity, particularly in Europe. - -------------------------------------------------------------------------------- CAPITAL ADEQUACY AND LIQUIDITY - -------------------------------------------------------------------------------- The primary objectives of Merrill Lynch's capital structure and funding policies are to: 1. Ensure sufficient equity capital to absorb losses, 2. Support the business strategies, and 3. Assure liquidity at all times, across market cycles, and through periods of financial stress. These objectives and Merrill Lynch's capital structure and funding policies are discussed more fully in the 1998 Annual Report included as an exhibit to Form 10-K. Among U.S. institutions engaged primarily in the global securities business, Merrill Lynch is one of the most highly capitalized, with $11.7 billion in common equity, $425 million in preferred stock, and $2.7 billion of preferred securities issued by subsidiaries at September 24, 1999. Preferred securities issued by subsidiaries consist primarily of Trust Originated Preferred Securities (Service Mark) ("TOPrS" (Service Mark)). Based on various analyses and criteria, management believes that Merrill Lynch's equity capital base of $14.8 billion is adequate to support the business across market cycles. Merrill Lynch's leverage ratios were as follows: - --------------------------------------------------------------------------
- -------------------------------------------------------------------------- ADJUSTED LEVERAGE LEVERAGE RATIO(1) RATIO(2) - -------------------------------------------------------------------------- PERIOD END September 24, 1999 21.1x 13.1x December 25, 1998 23.5x 15.5x AVERAGE (3) Nine months ended September 24, 1999 23.5x 14.6x Year ended December 25, 1998 32.9x 19.2x - --------------------------------------------------------------------------
(1) Total assets to total stockholders' equity and preferred securities issued by subsidiaries. (2) Total assets less (a) securities received as collateral, net of securities pledged as collateral, (b) securities pledged as collateral, and (c) receivables under resale agreements and securities borrowed transactions, to total stockholders' equity and preferred securities issued by subsidiaries. (3) Computed using month-end balances. 23 An asset-to-equity leverage ratio does not reflect the risk profile of assets, hedging strategies, or off-balance sheet exposures. Thus, Merrill Lynch does not rely on overall leverage ratios to assess risk-based capital adequacy. Commercial paper outstanding totaled $11.7 billion at September 24, 1999 and $16.8 billion at December 25, 1998, which was equal to 3.7% and 5.6% of total assets at September 24, 1999 and year-end 1998, respectively. Outstanding long-term borrowings decreased to $55.4 billion at September 24, 1999 from $57.6 billion at December 25, 1998. Major components of the change in long-term borrowings during the 1999 first nine months follow:
- ---------------------------------------------- (in billions) - ---------------------------------------------- Balance at December 25, 1998 $57.6 Issuances 12.8 Maturities (14.4) Other, net (0.6) ----- Balance at September 24, 1999 (1) $55.4 ===== - ----------------------------------------------
(1) At the end of the 1999 third quarter, $45.4 billion of long-term borrowings had maturity dates beyond one year. In addition to equity capital sources, Merrill Lynch views long-term debt as a stable funding source for its core balance sheet assets. Other sources of liquidity are unsecured committed bank credit facilities that, at September 24, 1999, totaled $8.0 billion and were not drawn upon. Additionally, Merrill Lynch maintains access to significant uncommitted credit lines, both secured and unsecured, from a large group of banks. The cost and availability of unsecured financing generally are dependent on credit ratings. Merrill Lynch's senior long-term debt, preferred stock, and TOPrS were rated by several recognized credit rating agencies at September 24, 1999 as follows:
- --------------------------------------------------------------------------------------------- SENIOR PREFERRED STOCK DEBT AND TOPrS RATING AGENCY RATINGS RATINGS - --------------------------------------------------------------------------------------------- Duff & Phelps Credit Rating Co. AA AA- Fitch IBCA, Inc. AA AA- Japan Rating & Investment Information, Inc. AA A+ Moody's Investors Service, Inc. Aa3 aa3 Standard & Poor's AA- A Thomson BankWatch, Inc. AA+ Not Rated - ---------------------------------------------------------------------------------------------
24 - -------------------------------------------------------------------------------- CAPITAL PROJECTS AND EXPENDITURES - -------------------------------------------------------------------------------- Merrill Lynch continually prepares for the future by expanding its operations and investing in new technology to improve service to clients. For more information, see the 1998 Annual Report included as an exhibit to Form 10-K. - -------------------------------------------------------------------------------- YEAR 2000 COMPLIANCE As the Year 2000 approaches, Merrill Lynch has undertaken initiatives to address the Year 2000 problem (the "Y2K problem"), as more fully described in the 1998 Annual Report. The failure of Merrill Lynch's technology systems relating to a Y2K problem would likely have a material adverse effect on the company's business, results of operations, and financial condition. This effect could include disruption of normal business transactions, such as the settlement, execution, processing, and recording of trades in securities, commodities, currencies, and other assets. The Y2K problem could also increase Merrill Lynch's exposure to risk and legal liability and its need for liquidity. The renovation phase of Merrill Lynch's Year 2000 system efforts, as described in the 1998 Annual Report, was 100% completed as of June 30, 1999, and production testing was also 100% completed as of that date. In March and April 1999, Merrill Lynch successfully participated in U.S. industrywide testing sponsored by the Securities Industry Association. These tests involved an expanded number of firms, transactions, and conditions compared with those previously conducted. Merrill Lynch has participated in and continues to participate in numerous industry tests throughout the world. Merrill Lynch's business units have developed and tested contingency plans. The plans identify critical processes, potential Y2K problems, and personnel, processes, and available resources needed to maintain operations. However, the failure of exchanges, clearing organizations, vendors, service providers, clients and counterparties, regulators, or others to resolve their own processing issues in a timely manner could have a material adverse effect on Merrill Lynch's business, results of operations, and financial condition. In light of the interdependency of the parties in or serving the financial markets, there can be no assurance that all Y2K problems will be identified and remedied on a timely basis or that all remediation and contingency planning will be successful. Public uncertainty regarding successful remediation of the Y2K problem may cause a reduction in activity in the financial markets. This could result in reduced liquidity as well as increased volatility. Disruption or suspension of activity in the world's financial markets is also possible. In some non-U.S. markets in which Merrill Lynch does business, the level of awareness and remediation efforts relating to the Y2K problem are thought to be less advanced than in the U.S. Management is unable at this point to ascertain whether all significant third parties will successfully address the Y2K problem. Merrill Lynch will continue to monitor third parties' Year 2000 readiness to determine if additional or alternative measures are necessary. Merrill Lynch's year-end balance sheet levels will depend on Y2K risks and many other factors, including business opportunities and customer demand. As of September 24, 1999, the total estimated expenditure of existing and incremental resources for the Year 2000 compliance initiative was approximately $520 million. This estimate includes $104 million of occupancy, communications, and other related overhead expenditures, as Merrill Lynch is applying a fully costed pricing methodology for this project. Of the total estimated expenditures, approximately $40 million, related to continued testing, contingency planning, risk management and the wind down of the efforts, has not yet been spent. There can be no assurance that the costs associated with such efforts will not exceed those currently anticipated by Merrill Lynch, or that the possible failure of such efforts will not have a material adverse effect on Merrill Lynch's business, results of operations, or financial condition. 25 - -------------------------------------------------------------------------------- AVERAGE ASSETS AND LIABILITIES - -------------------------------------------------------------------------------- Merrill Lynch monitors changes in its balance sheet using average daily balances that are determined on a settlement date basis and reported for management information purposes. Financial statement balances are recorded on a trade date basis as required under generally accepted accounting principles. The following discussion compares changes in settlement date average daily balances. For the nine months of 1999, average total assets were $328 billion, down 4% from $342 billion for the 1998 fourth quarter. Average total liabilities decreased 5% to $314 billion from $329 billion for the 1998 fourth quarter. The major components in the decline in average total assets and liabilities for the nine months of 1999 are summarized as follows:
- -------------------------------------------------------------------------------------------------------- (in millions) INCREASE (DECREASE) CHANGE - -------------------------------------------------------------------------------------------------------- AVERAGE ASSETS Trading assets $ (10,576) (9)% Securities pledged as collateral (1,888) (14) Loans, notes, and mortgages 1,016 13 AVERAGE LIABILITIES Payables under repurchase agreements and securities loaned transactions $ (11,258) (10)% Commercial paper and other short-term borrowings (8,328) (24) Trading liabilities 2,625 4 Long-term borrowings 2,221 4 - --------------------------------------------------------------------------------------------------------
Merrill Lynch reduced its balance sheet levels during the 1998 fourth quarter. Average balances in the 1999 nine months were lower in comparison due to continued reductions in debt trading assets and related funding, primarily repurchase agreements. Lower matched-book activity also contributed to the reductions in payables under repurchase agreements. The decrease in commercial paper and other short-term borrowings resulted from a shift towards longer-term borrowings, primarily during the 1999 first quarter, and reductions in certain non-trading assets. Merrill Lynch continually monitors its balance sheet and reassesses its funding needs. - -------------------------------------------------------------------------------- NON-INVESTMENT GRADE HOLDINGS - -------------------------------------------------------------------------------- Non-investment grade holdings, which include transactions with highly leveraged counterparties, involve risks related to the creditworthiness of the issuers or counterparties and the liquidity of the market for such investments. Merrill Lynch recognizes these risks and, whenever possible, employs strategies to mitigate exposures. The specific components and overall level of non-investment grade positions may vary significantly from period to period as a result of inventory turnover, investment sales, and asset redeployment. In the normal course of business, Merrill Lynch underwrites, trades, and holds non-investment grade cash instruments in connection with its investment banking, market-making, and derivative structuring activities. Non-investment grade trading inventories have increased in recent years to satisfy growing client demand for higher-yielding investments, including emerging market and other non-U.S. securities. During the past year, however, these exposures were reduced in conjunction with the reduction in the balance sheet trading assets. Non-investment grade holdings have been defined as debt and preferred equity securities rated as BB+ or lower, or equivalent ratings by recognized credit rating agencies, sovereign debt in emerging markets, amounts due under derivative contracts from non-investment grade counterparties, and other instruments that, in the opinion of management, are non-investment grade. 26 Derivatives may also subject Merrill Lynch to credit spread or issuer default risk, in that changes in credit spreads or in the credit quality of the underlying securities may adversely affect the derivatives' fair values. Merrill Lynch engages in various hedging strategies to reduce its exposure associated with non-investment grade positions, such as purchasing an option to sell the related security or entering into other offsetting derivative contracts. In addition to engaging in business involving non-investment grade positions, Merrill Lynch provides financing and advisory services to, and invests in, companies entering into leveraged transactions, which may include leveraged buyouts, recapitalizations, and mergers and acquisitions. Merrill Lynch provides extensions of credit to leveraged companies in the form of senior and subordinated debt, as well as bridge financing on a select basis. In addition, Merrill Lynch syndicates loans for non-investment grade companies or in connection with highly leveraged transactions and may retain a residual portion of these loans. Merrill Lynch holds direct equity investments in leveraged companies and interests in partnerships that invest in leveraged transactions. Merrill Lynch has also committed to participate in limited partnerships that invest in leveraged transactions. Future commitments to participate in limited partnerships and other direct equity investments will be made on a select basis. - -------------------------------------------------------------------------------- TRADING EXPOSURES The following table summarizes Merrill Lynch's non-investment grade trading exposures:
- ----------------------------------------------------------------------- SEPT. 24, DEC. 25, (in millions) 1999 1998 - ----------------------------------------------------------------------- Trading assets: Cash instruments $6,120 $7,606 Derivatives 3,854 4,675 Trading liabilities - cash instruments (1,097) (920) Collateral on derivative assets (875) (2,192) ------ ------ Net trading asset exposure $8,002 $9,169 ====== ====== - -----------------------------------------------------------------------
Among the trading exposures included in the preceding table are debt and equity securities and bank loans of companies in various stages of bankruptcy proceedings or in default. At September 24, 1999, the carrying value of such debt and equity securities totaled $70 million, of which 88% resulted from Merrill Lynch's market-making activities in such securities. This compared with $72 million at December 25, 1998, of which 86% related to market-making activities. Also included are distressed bank loans with a carrying value totaling $156 million at both September 24, 1999 and December 25, 1998. 27 - -------------------------------------------------------------------------------- NON-TRADING EXPOSURES The following table summarizes Merrill Lynch's non-investment grade non-trading exposures:
- ------------------------------------------------------------------------- SEPT. 24, DEC. 25, (in millions) 1999 1998 - ------------------------------------------------------------------------- Marketable investment securities $116 $ 39 Investments of insurance subsidiaries 111 148 Loans (net of allowance for loan losses): Bridge loans - 66 Other loans(1) 815 1,058 Other investments: Partnership interests (2)(3) 956 852 Other equity investments (4) 372 459 - -------------------------------------------------------------------------
(1) Represented outstanding loans to 110 and 80 companies at September 24, 1999 and December 25, 1998, respectively. (2) Included is $449 million and $279 million in investments at September 24, 1999 and December 25, 1998, respectively, related to deferred compensation plans, for which the default risk of the investments generally rests with the participating employees. (3) During the 1999 third quarter, Merrill Lynch received two distributions from the hedge fund Long-Term Capital Portfolio, L.P., which reduced its investment to $153 million at September 24, 1999. Subsequent to quarter end, Merrill Lynch received an additional distribution of $74 million. (4) Invested in 75 and 89 enterprises at September 24, 1999 and December 25,1998, respectively. The following table summarizes Merrill Lynch's commitments with exposure to non-investment grade counterparties:
- --------------------------------------------------------------------------------------------- SEPT. 24, DEC. 25, (in millions) 1999 1998 - --------------------------------------------------------------------------------------------- Additional commitments to invest in partnerships $ 204 $ 227 Unutilized revolving lines of credit and other lending commitments 1,544 1,678 - ---------------------------------------------------------------------------------------------
28
- ------------------------------------------------------------------------------------------------------------------------------------ STATISTICAL DATA - ------------------------------------------------------------------------------------------------------------------------------------ 3RD QTR. 4TH QTR. 1ST QTR. 2ND QTR. 3RD QTR. 1998 1998 1999 1999 1999 ------- ------- ------- ------- ------- CLIENT ACCOUNTS (in billions): U.S. Client Assets $ 1,065 $ 1,164 $ 1,186 $ 1,226 $ 1,191 Non-U.S. Client Assets 254 282 298 304 323 ------- ------- ------- ------- ------- Total Assets in Wealth Management Client Accouts or Under Management $ 1,319 $ 1,446 $ 1,484 $ 1,530 $ 1,514 ======== ======= ======= ======= ======= ASSETS UNDER MANAGEMENT: $ 467 $ 501 $ 515 $ 516 $ 514 Retail 255 276 274 275 275 Institutional 212 225 241 241 239 Equity 238 262 267 272 271 Fixed-Income/Other 229 239 248 244 243 U.S. 279 298 306 310 304 Non-U.S. 188 203 209 206 210 U.S. FEE-BASED PROGRAM ASSETS(a) $ 73 $ 84 $ 92 $ 105 $ 117 - ------------------------------------------------------------------------------------------------------------------------------ UNDERWRITING: Global Debt and Equity: Volume (in billions) $ 81 $ 85 $ 116 $ 104 $ 103 Market Share 13.5% 13.5% 11.7% 11.3% 13.7% U.S. Debt and Equity: Volume (in billions) $ 73 $ 81 $ 107 $ 89 $ 82 Market Share 15.2% 15.2% 15.9% 13.6% 17.1% - ------------------------------------------------------------------------------------------------------------------------------ FULL-TIME EMPLOYEES: U.S. 47,700 46,500 46,100 46,700 48,000 Non-U.S. 17,900 17,300 17,000 17,300 18,000 ------- ------- ------- ------- ------- Total 65,600 63,800 63,100 64,000 66,000 ======= ======= ======= ======= ======= Financial Consultants and Other Investment Professionals 18,000 18,100 18,000 18,400 18,700 - ------------------------------------------------------------------------------------------------------------------------------ INCOME STATEMENT: Net Earnings (Loss) (in millions) $ (163) $ 359 $ 609 $ 673 $ 572 Economic Profit (Loss) (in millions)(b) (485) 43 275 310 183 Annualized Return on Average Common Stockholders' Equity (7.3)% 14.8% 24.6% 25.4% 20.2% Earnings (Loss) per Common Share: Basic $ (0.48) $ 0.97 $ 1.65 $ 1.80 $ 1.52 Diluted (0.48) 0.86 1.44 1.57 1.34 - ------------------------------------------------------------------------------------------------------------------------------ BALANCE SHEET (in millions): Total Assets $353,391 $299,804 $314,620 $324,740 $312,936 Total Stockholders' Equity 9,779 10,132 10,692 11,446 12,100 Book Value Per Common Share 26.12 26.89 28.05 29.87 31.49 - ------------------------------------------------------------------------------------------------------------------------------ SHARE INFORMATION (in thousands): Weighted-Average Shares Outstanding: Basic 357,620 359,864 364,039 368,273 370,347 Diluted 357,620 404,872 415,662 421,267 419,090 Common Shares Outstanding 358,492 361,209 366,168 368,960 370,777 - ------------------------------------------------------------------------------------------------------------------------------
(a) Includes Merrill Lynch Consults (Registered Trademark), Unlimited Advantage (Service Mark), Private Portfolio Group, Mutual Fund Advisor (Service Mark), and other fee-based programs. (b) Net earnings available to common shareholders less the cost of common equity capital. 29 PART II - OTHER INFORMATION --------------------------- Item 1. Legal Proceedings ----------------- Merrill Lynch has been named as a party in various actions, including those described below. Merrill Lynch believes it has strong defenses to and, where appropriate, will vigorously contest these actions. It is the opinion of management that the resolution of these actions will not have a material adverse effect on the financial condition of Merrill Lynch, but might be material to Merrill Lynch's results of operations in any given period. Sumitomo Litigation. Between June and August 1999, four purported class actions were filed against Merrill Lynch and third parties. Plaintiffs assert that Merrill Lynch was part of an alleged conspiracy with Sumitomo Corporation and others to inflate copper prices, and they seek unspecified damages and other relief under the antitrust laws. Two actions are pending in Superior Court for the County of San Diego, California (Heliotrope General, Inc. v. Sumitomo Corp., et al.; R.W. Strang Mechanical v. Sumitomo Corp., et al.), and two are pending in the federal district court for the Western District of Wisconsin (Loeb Industries, Inc. v. Sumitomo Corp., et al; Metal Prep Co., Inc. v. Sumitomo Corp., et al.). In July 1999, Merrill Lynch paid fines of approximately $15 million and $10 million to settle administrative actions brought, respectively, by the Commodity Futures Trading Commission and the London Metal Exchange. These actions alleged that by providing financing and trading advice, Merrill Lynch aided and abetted Sumitomo's alleged manipulation of copper prices. Merrill Lynch settled the actions without admitting or denying the allegations. JAS Securities Litigation. On July 14, 1999, JAS Securities LLP filed a breach of contract action, brought as a purported class action, against Merrill Lynch in Delaware Superior Court (JAS Securities LLP v. Merrill Lynch). The complaint alleges that Merrill Lynch used the wrong formula for redeeming certain exchangeable debt securities prior to maturity and that the use of the correct formula would have resulted in a payment of more than $70 million above what Merrill Lynch paid to redeem these securities. Although not alleged in the complaint, plaintiff has asserted that actual damages are approximately $255 million. Merrill Lynch believes that the correct formula was used in redeeming the securities. Item 5. Other Information ----------------- The 2000 Annual Meeting of Stockholders will be held at 10:00 a.m. on Tuesday, April 18, 2000 at the Merrill Lynch & Co., Inc. Conference and Training Center, 800 Scudders Mill Road, Plainsboro, New Jersey. Any stockholder of record entitled to vote generally for the election of directors may nominate one or more persons for election as a director at such meeting only if proper written notice of such stockholder's intent to make such nomination or nominations, in accordance with the provisions of ML & Co.'s Certificate of Incorporation, has been given to the Secretary of ML & Co., 100 Church Street, 12th Floor, New York, New York 10080-6512, no earlier than February 3, 2000 and no later than February 28, 2000. In addition, in accordance with provisions of ML & Co.'s By-Laws, any stockholder intending to bring any other business before the meeting must advise ML & Co. in writing of the stockholder's intent to do so on or before February 28, 2000. In order to be included in ML & Co.'s proxy statement, stockholder proposals must be received by ML & Co. at its principal executive offices not later than November 8, 1999. 30 Item 6. Exhibits and Reports on Form 8-K -------------------------------- (a) Exhibits (3) By-Laws of Merrill Lynch & Co., Inc. effective as of July 26, 1999. (4) Instruments defining the rights of security holders, including indentures: Pursuant to Item 601(b)(4)(iii)(A) of Regulation S-K, ML & Co. hereby undertakes to furnish to the Securities and Exchange Commission, upon request, copies of the instruments defining the rights of holders of long-term debt securities of ML & Co. that authorize an amount of securities constituting 10% or less of the total assets of ML & Co. and its subsidiaries on a consolidated basis. (11) Statement re: computation of per common share earnings (12) Statement re: computation of ratios (15) Letter re: unaudited interim financial information (27) Financial Data Schedule (b) Reports on Form 8-K The following Current Reports on Form 8-K were filed by ML & Co. with the Securities and Exchange Commission during the quarterly period covered by this report: (i) Current Report dated July 12, 1999 for the purpose of filing a press release relating to the retirement of ML & Co.'s President and Chief Operating Officer, Herbert M. Allison, Jr. (ii) Current Report dated July 13, 1999 for the purpose of filing ML & Co.'s Preliminary Unaudited Earnings Summary for the three- and six-month periods ended June 25, 1999. (iii) Current Report dated July 21, 1999 for the purpose of filing the form of ML & Co.'s Russell 2000 (Registered Trademark) Market Index Target-Term Securities (Service Mark) due July 21, 2006. (iv) Current Report dated August 4, 1999 for the purpose of filing the form of ML & Co.'s Nikkei 225 Market Index Target-Term Securities due August 4, 2006. (v) Current Report dated August 4, 1999 for the purpose of filing the form of ML & Co.'s S&P 500 Market Index Target-Term Securities due August 4, 2006. (vi) Current Report dated September 20, 1999 for the purpose of filing the forms of ML & Co.'s Nikkei 225 Market Index Target-Term Securities due September 20, 2002 and ML & Co.'s Energy Select Sector SPDRs(Registered Trademark) Fund Market Index Target-Term Securities due September 20, 2006. - ----------------- SPDRs is a registered trademark of The McGraw-Hill Companies, Inc. and has been licensed for use in connection with the listing and trading of Select Sector SPDRs on the American Stock Exchange. 31 SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. MERRILL LYNCH & CO., INC. ------------------------- (Registrant) Date: November 5, 1999 By: /s/ E. Stanley O'Neal ------------------------ E. Stanley O'Neal Executive Vice President and Chief Financial Officer 32 INDEX TO EXHIBITS Exhibits 3 By-Laws of Merrill Lynch & Co., Inc. effective as of July 26, 1999 11 Statement re: computation of per common share earnings 12 Statement re: computation of ratios 15 Letter re: unaudited interim financial information 27 Financial Data Schedule