Exhibit 99(j)
Board of Directors
Bank of America Corporation
100 North Tryon Street
Bank of America Corporate Center
Charlotte, NC 28255
We hereby consent to the inclusion of our opinion letter dated September 14, 2008 to the Board
of Directors of Bank of America Corporation as Appendix D to the Joint Proxy Statement-Prospectus
which forms a part of the Registration Statement on Form S-4 relating to the proposed merger of
Merrill Lynch & Co. with and into, a wholly owned subsidiary of Bank of America Corporation, and to
the references to such opinion and our name contained in such Joint Proxy Statement-Prospectus
under the captions “Summary — J.C. Flowers & Co. LLC and Fox-Pitt Kelton Cochran Caronia Waller
Have Each Provided an Opinion to the Bank of America Board of Directors Regarding the Exchange
Ratio,” “The Merger — Background of the Merger,” “The Merger — Bank of America’s Reasons for the
Merger; Recommendation of the Bank of America Board of Directors,” and “The Merger — Opinions of
Bank of America’s Financial Advisors.” In giving such consent, we do not admit that we come within
the category of persons whose consent is required under Section 7 of the Securities Act of 1933, as
amended, or to the rules and regulations of the Securities and Exchange Commission thereunder, nor
do we thereby admit that we are experts with respect to any part of such Registration Statement
within the meaning of the term “experts” as used in the Securities Act of 1933, as amended, or the
rules and regulations of the Securities and Exchange Commission thereunder.
FOX-PITT KELTON COCHRAN CARONIA WALLER (USA) LLC
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By:
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/s/ Al Troncoso
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Al Troncoso
Managing Director |
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September 29, 2008