Exhibit 32.1
CERTIFICATION
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Annual Report of Merrill
Lynch & Co., Inc. (the “Company”) on
Form 10-K
for the period ended December 26, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the
“Report”), I, Brian T. Moynihan, Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C.
section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:
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The Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and
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| (2)
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The information contained in the Report fairly presents, in all
material respects, the financial condition and results of
operations of the Company.
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Date: February 24,
2009
Brian T. Moynihan
Chief Executive Officer