CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference in Registration Statement No. 333-41425 and No.
333-85421 of Merrill Lynch & Co., Inc. (the Registrant) on Form S-8 of our report dated June 26,
2009, appearing in this Annual Report on Form 11-K of the Merrill Lynch & Co., Inc. 401(k) Savings
& Investment Plan for the year ended December 31, 2008.
/s/ DELOITTE & TOUCHE LLP
New York, New York
June 26, 2009