Quarterly report pursuant to Section 13 or 15(d)

Derivatives

v2.4.0.6
Derivatives
3 Months Ended
Mar. 31, 2013
Derivatives [Abstract]  
Derivative Instruments and Hedging Activities Disclosure
NOTE 3 – Derivatives
 
Derivative Balances

Derivatives are entered into on behalf of customers, for trading, or to support risk management activities. Derivatives used in risk management activities include derivatives that may or may not be designated in qualifying hedge accounting relationships. Derivatives that are not designated in qualifying hedge accounting relationships are referred to as other risk management derivatives. For additional information on the Corporation's derivatives and hedging activities, see Note 1 – Summary of Significant Accounting Principles to the Consolidated Financial Statements of the Corporation's 2012 Annual Report on Form 10-K. The following tables present derivative instruments included on the Consolidated Balance Sheet in derivative assets and liabilities at March 31, 2013 and December 31, 2012. Balances are presented on a gross basis, prior to the application of counterparty and cash collateral netting. Total derivative assets and liabilities are adjusted on an aggregate basis to take into consideration the effects of legally enforceable master netting agreements and have been reduced by the cash collateral received or paid.

 
March 31, 2013
 
 
 
Gross Derivative Assets
 
Gross Derivative Liabilities
(Dollars in billions)
Contract/
Notional (1)
 
Trading Derivatives and Other Risk Management Derivatives
 
Qualifying
Accounting
Hedges
 
Total
 
Trading Derivatives and Other Risk Management Derivatives
 
Qualifying
Accounting
Hedges
 
Total
Interest rate contracts
 
 
 
 
 
 
 
 
 
 
 
 
 
Swaps
$
33,883.6

 
$
920.0

 
$
12.6

 
$
932.6

 
$
910.1

 
$
2.8

 
$
912.9

Futures and forwards
12,220.8

 
2.1

 

 
2.1

 
2.1

 

 
2.1

Written options
2,224.1

 

 

 

 
93.8

 

 
93.8

Purchased options
2,147.3

 
94.7

 

 
94.7

 

 

 

Foreign exchange contracts
 
 
 
 
 
 
 
 
 
 
 
 
 
Swaps
2,349.4

 
42.2

 
1.2

 
43.4

 
46.6

 
2.3

 
48.9

Spot, futures and forwards
2,747.7

 
29.3

 
0.9

 
30.2

 
29.6

 
0.5

 
30.1

Written options
526.3

 

 

 

 
9.6

 

 
9.6

Purchased options
476.0

 
8.8

 

 
8.8

 

 

 

Equity contracts
 
 
 
 
 
 
 
 
 
 
 
 
 
Swaps
137.0

 
2.3

 

 
2.3

 
2.3

 

 
2.3

Futures and forwards
68.6

 
1.2

 

 
1.2

 
1.2

 

 
1.2

Written options
335.2

 

 

 

 
23.7

 

 
23.7

Purchased options
314.0

 
22.9

 

 
22.9

 

 

 

Commodity contracts
 
 
 
 
 
 
 
 
 
 
 
 
 
Swaps
73.6

 
3.0

 

 
3.0

 
4.2

 

 
4.2

Futures and forwards
555.8

 
5.5

 

 
5.5

 
3.5

 

 
3.5

Written options
206.1

 

 

 

 
7.3

 

 
7.3

Purchased options
213.8

 
7.2

 

 
7.2

 

 

 

Credit derivatives
 
 
 
 
 
 
 
 
 
 
 
 
 
Purchased credit derivatives:
 
 
 
 
 
 
 
 
 
 
 
 
 
Credit default swaps
1,610.7

 
32.7

 

 
32.7

 
22.8

 

 
22.8

Total return swaps/other
44.4

 
2.2

 

 
2.2

 
2.9

 

 
2.9

Written credit derivatives:
 
 
 
 
 
 
 
 
 
 
 
 
 
Credit default swaps
1,581.3

 
23.7

 

 
23.7

 
29.7

 

 
29.7

Total return swaps/other
73.9

 
2.2

 

 
2.2

 
0.4

 

 
0.4

Gross derivative assets/liabilities
 
 
$
1,200.0

 
$
14.7

 
$
1,214.7

 
$
1,189.8

 
$
5.6

 
$
1,195.4

Less: Legally enforceable master netting agreements
 
 
 
(1,104.8
)
 
 
 
 
 
(1,104.8
)
Less: Cash collateral received/paid
 
 
 
 
 
 
(57.7
)
 
 
 
 
 
(42.8
)
Total derivative assets/liabilities
 
 
 
 
 
$
52.2

 
 
 
 
 
$
47.8

(1) 
Represents the total contract/notional amount of derivative assets and liabilities outstanding.
 
December 31, 2012
 
 
 
Gross Derivative Assets
 
Gross Derivative Liabilities
(Dollars in billions)
Contract/
Notional (1)
 
Trading Derivatives and Other Risk Management Derivatives
 
Qualifying
Accounting
Hedges
 
Total
 
Trading Derivatives and Other Risk Management Derivatives
 
Qualifying
Accounting
Hedges
 
Total
Interest rate contracts
 
 
 
 
 
 
 
 
 
 
 
 
 
Swaps
$
34,667.4

 
$
1,075.4

 
$
13.8

 
$
1,089.2

 
$
1,062.6

 
$
4.7

 
$
1,067.3

Futures and forwards
11,950.5

 
2.8

 

 
2.8

 
2.7

 

 
2.7

Written options
2,343.5

 

 

 

 
106.0

 

 
106.0

Purchased options
2,162.6

 
105.5

 

 
105.5

 

 

 

Foreign exchange contracts
 
 
 
 
 
 
 
 
 
 
 
 
 
Swaps
2,489.0

 
47.4

 
1.4

 
48.8

 
53.2

 
1.8

 
55.0

Spot, futures and forwards
3,023.0

 
31.5

 
0.4

 
31.9

 
30.5

 
0.8

 
31.3

Written options
363.3

 

 

 

 
7.3

 

 
7.3

Purchased options
321.8

 
6.5

 

 
6.5

 

 

 

Equity contracts
 
 
 
 
 
 
 
 
 
 
 
 
 
Swaps
127.1

 
1.6

 

 
1.6

 
2.0

 

 
2.0

Futures and forwards
58.4

 
1.0

 

 
1.0

 
1.0

 

 
1.0

Written options
295.3

 

 

 

 
20.2

 

 
20.2

Purchased options
271.0

 
20.4

 

 
20.4

 

 

 

Commodity contracts
 
 
 
 
 
 
 
 
 
 
 
 
 
Swaps
60.5

 
2.5

 
0.1

 
2.6

 
4.0

 

 
4.0

Futures and forwards
498.9

 
4.8

 

 
4.8

 
2.7

 

 
2.7

Written options
166.4

 

 

 

 
7.4

 

 
7.4

Purchased options
168.2

 
7.1

 

 
7.1

 

 

 

Credit derivatives
 
 
 
 
 
 
 
 
 
 
 
 
 
Purchased credit derivatives:
 
 
 
 
 
 
 
 
 
 
 
 
 
Credit default swaps
1,559.5

 
35.6

 

 
35.6

 
22.1

 

 
22.1

Total return swaps/other
43.5

 
2.5

 

 
2.5

 
2.9

 

 
2.9

Written credit derivatives:
 
 
 
 
 
 
 
 
 
 
 
 
 
Credit default swaps
1,531.5

 
23.0

 

 
23.0

 
32.6

 

 
32.6

Total return swaps/other
68.8

 
0.2

 

 
0.2

 
0.3

 

 
0.3

Gross derivative assets/liabilities
 
 
$
1,367.8

 
$
15.7

 
$
1,383.5

 
$
1,357.5

 
$
7.3

 
$
1,364.8

Less: Legally enforceable master netting agreements
 
 
 
(1,271.9
)
 
 
 
 
 
(1,271.9
)
Less: Cash collateral received/paid
 
 
 
 
 
 
(58.1
)
 
 
 
 
 
(46.9
)
Total derivative assets/liabilities
 
 
 
 
 
$
53.5

 
 
 
 
 
$
46.0

(1) 
Represents the total contract/notional amount of derivative assets and liabilities outstanding.

Offsetting of Derivatives

The Corporation enters into International Swaps and Derivatives Association, Inc. (ISDA) master netting agreements or similar agreements with substantially all of the Corporation's derivative counterparties. These legally enforceable master netting agreements give the Corporation, in the event of default by the counterparty, the right to liquidate securities held as collateral and to offset receivables and payables with the same counterparty. For purposes of the Consolidated Balance Sheet, the Corporation offsets derivative assets and liabilities and cash collateral held with the same counterparty where it has such a legally enforceable master netting agreement.

The following table presents derivative instruments included in derivative assets and liabilities on the Consolidated Balance Sheet at March 31, 2013 and December 31, 2012 by primary risk (e.g., interest rate risk) and the platform, where applicable, on which these derivatives are transacted. Exchange-traded derivatives include listed options transacted on an exchange. Over-the-counter (OTC) derivatives include bilateral transactions between the Corporation and a particular counterparty. OTC cleared derivatives include bilateral transactions between the Corporation and a counterparty where the transaction is cleared through a clearinghouse. Balances are presented on a gross basis, prior to the application of counterparty and cash collateral netting. Total gross derivative assets and liabilities are adjusted on an aggregate basis to take into consideration the effects of legally enforceable master netting agreements and have been reduced by the cash collateral received or paid.

Other gross derivative assets and liabilities in the table represent derivatives entered into under master netting agreements where the enforceability of these agreements under bankruptcy laws in some countries or industries is not certain, and accordingly, receivables and payables with counterparties in these countries or industries are reported on a gross basis.

Also included in the table is financial instrument collateral related to legally enforceable master netting agreements that represents securities collateral received or pledged and customer cash collateral held at third-party custodians. These amounts are not offset on the Consolidated Balance Sheet but are shown as a reduction to total derivative assets and liabilities in the table to derive net derivative assets and liabilities.

For information on the offsetting of securities financing agreements, see Note 10 – Federal Funds Sold, Securities Financing Agreements and Short-term Borrowings.

Offsetting of Derivatives
 
 
 
 
 
 
 
 
March 31, 2013
 
December 31, 2012
(Dollars in billions)
Derivative
Assets
 
Derivative
Liabilities
 
Derivative
Assets
 
Derivative
Liabilities
Interest rate contracts
 
 
 
 
 
 
 
Over-the-counter
$
584.8

 
$
556.4

 
$
646.7

 
$
623.4

Over-the-counter cleared
442.9

 
449.5

 
539.5

 
545.1

Foreign exchange contracts
 
 
 
 
 
 
 
Over-the-counter
79.5

 
83.7

 
84.1

 
88.7

Equity contracts
 

 
 
 
 

 
 
Over-the-counter
16.9

 
14.6

 
15.2

 
13.3

Exchange-traded
5.5

 
6.2

 
4.8

 
4.7

Commodity contracts
 
 
 
 
 
 
 
Over-the-counter
8.2

 
8.7

 
6.9

 
7.9

Exchange-traded
3.3

 
3.2

 
3.4

 
3.2

Credit derivatives
 

 
 

 
 

 
 

Over-the-counter
54.8

 
50.6

 
56.0

 
53.9

Over-the-counter cleared
4.4

 
4.4

 
3.8

 
3.4

Total gross derivative assets/liabilities, before netting
$
1,200.3

 
$
1,177.3

 
$
1,360.4

 
$
1,343.6

Less: Legally enforceable master netting
(1,104.8
)
 
(1,104.8
)
 
(1,271.9
)
 
(1,271.9
)
Less: Cash collateral received/paid
(57.7
)
 
(42.8
)
 
(58.1
)
 
(46.9
)
Derivative assets/liabilities, after netting
37.8

 
29.7

 
30.4

 
24.8

Other gross derivative assets/liabilities
14.4

 
18.1

 
23.1

 
21.2

Total derivative assets/liabilities
52.2

 
47.8

 
53.5

 
46.0

Less: Financial instruments collateral (1)
(11.4
)
 
(12.8
)
 
(11.5
)
 
(14.6
)
Total net derivative assets/liabilities
$
40.8

 
$
35.0

 
$
42.0

 
$
31.4

(1)
These amounts are limited to the derivative asset/liability balance, and accordingly, do not include excess collateral received/pledged.
ALM and Risk Management Derivatives

The Corporation's asset and liability management (ALM) and risk management activities include the use of derivatives to mitigate risk to the Corporation including derivatives designated in qualifying hedge accounting relationships and derivatives used in other risk management activities. Interest rate, foreign exchange, equity, commodity and credit contracts are utilized in the Corporation's ALM and risk management activities.

The Corporation maintains an overall interest rate risk management strategy that incorporates the use of interest rate contracts, which are generally non-leveraged generic interest rate and basis swaps, options, futures and forwards, to minimize significant fluctuations in earnings that are caused by interest rate volatility. The Corporation's goal is to manage interest rate sensitivity and volatility so that movements in interest rates do not significantly adversely affect earnings or capital. As a result of interest rate fluctuations, hedged fixed-rate assets and liabilities appreciate or depreciate in fair value. Gains or losses on the derivative instruments that are linked to the hedged fixed-rate assets and liabilities are expected to substantially offset this unrealized appreciation or depreciation.

Market risk, including interest rate risk, can be substantial in the mortgage business. Market risk is the risk that values of mortgage assets or revenues will be adversely affected by changes in market conditions such as interest rate movements. To mitigate the interest rate risk in mortgage banking production income, the Corporation utilizes forward loan sale commitments and other derivative instruments including purchased options and certain debt securities. The Corporation also utilizes derivatives such as interest rate options, interest rate swaps, forward settlement contracts and Eurodollar futures to hedge certain market risks of mortgage servicing rights (MSRs). For additional information on MSRs, see Note 19 – Mortgage Servicing Rights.

The Corporation uses foreign exchange contracts to manage the foreign exchange risk associated with certain foreign currency-denominated assets and liabilities, as well as the Corporation's investments in non-U.S. subsidiaries. Foreign exchange contracts, which include spot and forward contracts, represent agreements to exchange the currency of one country for the currency of another country at an agreed-upon price on an agreed-upon settlement date. Exposure to loss on these contracts will increase or decrease over their respective lives as currency exchange and interest rates fluctuate.

The Corporation enters into derivative commodity contracts such as futures, swaps, options and forwards as well as non-derivative commodity contracts to provide price risk management services to customers or to manage price risk associated with its physical and financial commodity positions. The non-derivative commodity contracts and physical inventories of commodities expose the Corporation to earnings volatility. Cash flow and fair value accounting hedges provide a method to mitigate a portion of this earnings volatility.

The Corporation purchases credit derivatives to manage credit risk related to certain funded and unfunded credit exposures. Credit derivatives include credit default swaps (CDS), total return swaps and swaptions. These derivatives are recorded on the Consolidated Balance Sheet at fair value with changes in fair value recorded in other loss.

Derivatives Designated as Accounting Hedges

The Corporation uses various types of interest rate, commodity and foreign exchange derivative contracts to protect against changes in the fair value of its assets and liabilities due to fluctuations in interest rates, commodity prices and exchange rates (fair value hedges). The Corporation also uses these types of contracts and equity derivatives to protect against changes in the cash flows of its assets and liabilities, and other forecasted transactions (cash flow hedges). The Corporation hedges its net investment in consolidated non-U.S. operations determined to have functional currencies other than the U.S. dollar using forward exchange contracts and cross-currency basis swaps, and by issuing foreign currency-denominated debt (net investment hedges).

Fair Value Hedges

The table below summarizes certain information related to fair value hedges for the three months ended March 31, 2013 and 2012, including hedges of interest rate risk on long-term debt that were acquired as part of a business combination and redesignated. At redesignation, the fair value of the derivatives was positive. As the derivatives mature, the fair value will approach zero. As a result, ineffectiveness may occur and the fair value changes in the derivatives and the long-term debt being hedged may be directionally the same in certain scenarios. Based on a regression analysis, the derivatives continue to be highly effective at offsetting changes in the fair value of the long-term debt attributable to interest rate risk.

Derivatives Designated as Fair Value Hedges
Gains (Losses)
Three Months Ended March 31, 2013
(Dollars in millions)
Derivative
 
Hedged
Item
 
Hedge
Ineffectiveness
Interest rate risk on long-term debt (1)
$
(953
)
 
$
771

 
$
(182
)
Interest rate and foreign currency risk on long-term debt (1)
(1,538
)
 
1,456

 
(82
)
Interest rate risk on available-for-sale securities (2)
850

 
(846
)
 
4

Price risk on commodity inventory (3)
(3
)
 
3

 

Total
$
(1,644
)
 
$
1,384

 
$
(260
)
 
 
 
 
 
 
 
Three Months Ended March 31, 2012
Interest rate risk on long-term debt (1)
$
(1,001
)
 
$
764

 
$
(237
)
Interest rate and foreign currency risk on long-term debt (1)
155

 
(173
)
 
(18
)
Interest rate risk on available-for-sale securities (2)
2,948

 
(2,801
)
 
147

Price risk on commodity inventory (3)
23

 
(23
)
 

Total
$
2,125

 
$
(2,233
)
 
$
(108
)
(1) 
Amounts are recorded in interest expense on long-term debt and in other loss.
(2) 
Amounts are recorded in interest income on debt securities.
(3) 
Amounts relating to commodity inventory are recorded in trading account profits.

Cash Flow and Net Investment Hedges

The table below summarizes certain information related to cash flow hedges and net investment hedges for the three months ended March 31, 2013 and 2012. During the next 12 months, net losses in accumulated OCI of $946 million ($596 million after-tax) on derivative instruments that qualify as cash flow hedges are expected to be reclassified into earnings. These net losses reclassified into earnings are expected to primarily reduce net interest income related to the respective hedged items. Amounts related to commodity price risk reclassified from accumulated OCI are recorded in trading account profits with the underlying hedged item. Amounts related to price risk on restricted stock awards reclassified from accumulated OCI are recorded in personnel expense.

Amounts related to foreign exchange risk recognized in accumulated OCI on derivatives exclude pre-tax losses of $7 million related to long-term debt designated as a net investment hedge for the three months ended March 31, 2012. There were no such hedges for the three months ended March 31, 2013.

Derivatives Designated as Cash Flow and Net Investment Hedges
 
Three Months Ended March 31, 2013
(Dollars in millions, amounts pre-tax)
Gains (Losses) Recognized in Accumulated OCI on Derivatives
 
Gains (Losses) in Income Reclassified from Accumulated OCI
 
Hedge Ineffectiveness and Amounts Excluded from Effectiveness Testing (1)
Cash flow hedges
 
 
 
 
 
Interest rate risk on variable-rate portfolios
$
(14
)
 
$
(275
)
 
$
(1
)
Price risk on restricted stock awards
55

 
40

 

Total
$
41

 
$
(235
)
 
$
(1
)
Net investment hedges
 
 
 
 
 
Foreign exchange risk
$
1,676

 
$
(94
)
 
$
(35
)
 
 
 
 
 
 
 
Three Months Ended March 31, 2012
Cash flow hedges
 
 
 
 
 
Interest rate risk on variable-rate portfolios
$
108

 
$
(152
)
 
$

Commodity price risk on forecasted purchases and sales

 
(5
)
 

Price risk on restricted stock awards
305

 
(37
)
 

Total
$
413

 
$
(194
)
 
$

Net investment hedges
 
 
 
 
 
Foreign exchange risk
$
(1,029
)
 
$
(41
)
 
$
(7
)
(1) 
Amounts related to derivatives designated as cash flow hedges represent hedge ineffectiveness and amounts related to net investment hedges represent amounts excluded from effectiveness testing.
Other Risk Management Derivatives

Other risk management derivatives are used by the Corporation to reduce certain risk exposures. These derivatives are not qualifying accounting hedges because either they did not qualify for or were not designated as accounting hedges. The table below presents gains (losses) on these derivatives for the three months ended March 31, 2013 and 2012. These gains (losses) are largely offset by the income or expense that is recorded on the hedged item.

Other Risk Management Derivatives
Gains (Losses)
Three Months Ended March 31
(Dollars in millions)
2013
 
2012
Price risk on mortgage banking production income (1, 2)
$
422

 
$
589

Market-related risk on mortgage banking servicing income (1)
(136
)
 
(203
)
Credit risk on loans (3)
3

 
(57
)
Interest rate and foreign currency risk on ALM activities (4)
(605
)
 
464

Price risk on restricted stock awards (5)
116

 
473

Other
(4
)
 
6

Total
$
(204
)
 
$
1,272

(1) 
Net gains on these derivatives are recorded in mortgage banking income.
(2) 
Includes net gains on interest rate lock commitments related to the origination of mortgage loans that are held-for-sale, which are considered derivative instruments, of $407 million and $547 million for the three months ended March 31, 2013 and 2012.
(3) 
Net gains (losses) on these derivatives are recorded in other loss.
(4) 
The majority of the balance is related to the revaluation of derivatives used to mitigate risk related to foreign currency-denominated debt which is recorded in other loss. The offsetting revaluation of the foreign currency-denominated debt, while not included in the table above, is also recorded in other loss.
(5) 
Gains (losses) on these derivatives are recorded in personnel expense.

Sales and Trading Revenue

The Corporation enters into trading derivatives to facilitate client transactions and to manage risk exposures arising from trading account assets and liabilities. It is the Corporation's policy to include these derivative instruments in its trading activities which include derivatives and non-derivative cash instruments. The resulting risk from these derivatives is managed on a portfolio basis as part of the Corporation's Global Markets business segment. The related sales and trading revenue generated within Global Markets is recorded in various income statement line items including trading account profits and net interest income as well as other revenue categories. However, the majority of income related to derivative instruments is recorded in trading account profits.

Sales and trading revenue includes changes in the fair value and realized gains and losses on the sales of trading and other assets, net interest income, and fees primarily from commissions on equity securities. Revenue is generated by the difference in the client price for an instrument and the price at which the trading desk can execute the trade in the dealer market. For equity securities, commissions related to purchases and sales are recorded in other loss. Changes in the fair value of these securities are included in trading account profits. For debt securities, revenue, with the exception of interest associated with the debt securities, is typically included in trading account profits. Unlike commissions for equity securities, the initial revenue related to broker/dealer services for debt securities is typically included in the pricing of the instrument rather than being charged through separate fee arrangements. Therefore, this revenue is recorded in trading account profits as part of the initial mark to fair value. For derivatives, all revenue is included in trading account profits. In transactions where the Corporation acts as agent, which include exchange-traded futures and options, fees are recorded in other loss.

Gains (losses) on certain instruments, primarily loans, that the Global Markets business segment shares with Global Banking are not considered trading instruments and are excluded from sales and trading revenue in their entirety.

The table below, which includes both derivatives and non-derivative cash instruments, identifies the amounts in the respective income statement line items attributable to the Corporation's sales and trading revenue in Global Markets, categorized by primary risk, for the three months ended March 31, 2013 and 2012. The difference between total trading account profits in the table below and in the Consolidated Statement of Income represents trading activities in business segments other than Global Markets. This table includes debit valuation adjustment gains (losses), net of hedges. Global Markets results in Note 20 – Business Segment Information are presented on a fully taxable-equivalent (FTE) basis. The table below is not presented on a FTE basis.

Sales and Trading Revenue
 
 
 
 
 
 
 
 
Three Months Ended March 31, 2013
(Dollars in millions)
Trading
Account
Profits
 
Net Interest Income
 
Other (1)
 
Total
Interest rate risk
$
677

 
$
292

 
$
13

 
$
982

Foreign exchange risk
370

 

 
(8
)
 
362

Equity risk
608

 
15

 
536

 
1,159

Credit risk
1,038

 
717

 
(369
)
 
1,386

Other risk
196

 
(48
)
 
12

 
160

Total sales and trading revenue
$
2,889

 
$
976

 
$
184

 
$
4,049

 
 
 
 
 
 
 
 
 
Three Months Ended March 31, 2012
Interest rate risk
$
59

 
$
271

 
$
(10
)
 
$
320

Foreign exchange risk
232

 
2

 
2

 
236

Equity risk
375

 
7

 
529

 
911

Credit risk
1,142

 
543

 
371

 
2,056

Other risk
229

 
(74
)
 
27

 
182

Total sales and trading revenue
$
2,037

 
$
749

 
$
919

 
$
3,705

(1) 
Represents amounts in investment and brokerage services and other loss that are recorded in Global Markets and included in the definition of sales and trading revenue. Includes investment and brokerage services revenue of $528 million and $514 million for the three months ended March 31, 2013 and 2012, primarily included in equity risk.

Credit Derivatives

The Corporation enters into credit derivatives primarily to facilitate client transactions and to manage credit risk exposures. Credit derivatives derive value based on an underlying third-party referenced obligation or a portfolio of referenced obligations and generally require the Corporation, as the seller of credit protection, to make payments to a buyer upon the occurrence of a pre-defined credit event. Such credit events generally include bankruptcy of the referenced credit entity and failure to pay under the obligation, as well as acceleration of indebtedness and payment repudiation or moratorium. For credit derivatives based on a portfolio of referenced credits or credit indices, the Corporation may not be required to make payment until a specified amount of loss has occurred and/or may only be required to make payment up to a specified amount.

Credit derivative instruments where the Corporation is the seller of credit protection and their expiration are summarized at March 31, 2013 and December 31, 2012 in the table below. These instruments are classified as investment and non-investment grade based on the credit quality of the underlying referenced obligation. The Corporation considers ratings of BBB- or higher as investment grade. Non-investment grade includes non-rated credit derivative instruments.

Credit Derivative Instruments
 
 
 
March 31, 2013
 
Carrying Value
(Dollars in millions)
Less than
One Year
 
One to
Three Years
 
Three to
Five Years
 
Over Five
Years
 
Total
Credit default swaps:
 
 
 
 
 
 
 
 
 
Investment grade
$
62

 
$
873

 
$
5,504

 
$
3,140

 
$
9,579

Non-investment grade
856

 
3,652

 
5,493

 
10,110

 
20,111

Total
918

 
4,525

 
10,997

 
13,250

 
29,690

Total return swaps/other:
 
 
 
 
 
 
 
 
 
Investment grade
38

 

 

 

 
38

Non-investment grade
192

 
77

 
63

 
14

 
346

Total
230

 
77

 
63

 
14

 
384

Total credit derivatives
$
1,148

 
$
4,602

 
$
11,060

 
$
13,264

 
$
30,074

Credit-related notes: (1)
 
 
 
 
 
 
 
 
 
Investment grade
$
4

 
$
21

 
$
275

 
$
4,309

 
$
4,609

Non-investment grade
108

 
172

 
647

 
1,371

 
2,298

Total credit-related notes
$
112

 
$
193

 
$
922

 
$
5,680

 
$
6,907

 
Maximum Payout/Notional
Credit default swaps:
 
 
 
 
 
 
 
 
 
Investment grade
$
264,038

 
$
336,442

 
$
537,624

 
$
111,327

 
$
1,249,431

Non-investment grade
76,785

 
97,597

 
111,607

 
45,913

 
331,902

Total
340,823

 
434,039

 
649,231

 
157,240

 
1,581,333

Total return swaps/other:
 
 
 
 
 
 
 
 
 
Investment grade
24,359

 

 

 

 
24,359

Non-investment grade
34,503

 
8,137

 
5,406

 
1,497

 
49,543

Total
58,862

 
8,137

 
5,406

 
1,497

 
73,902

Total credit derivatives
$
399,685

 
$
442,176

 
$
654,637

 
$
158,737

 
$
1,655,235

 
 
 
 
 
 
 
 
 
 
 
December 31, 2012
 
Carrying Value
Credit default swaps:
 
 
 
 
 
 
 
 
 
Investment grade
$
52

 
$
757

 
$
5,595

 
$
2,903

 
$
9,307

Non-investment grade
923

 
4,403

 
7,030

 
10,959

 
23,315

Total
975

 
5,160

 
12,625

 
13,862

 
32,622

Total return swaps/other:
 
 
 
 
 
 
 
 
 
Investment grade
39

 

 

 

 
39

Non-investment grade
57

 
104

 
39

 
37

 
237

Total
96

 
104

 
39

 
37

 
276

Total credit derivatives
$
1,071

 
$
5,264

 
$
12,664

 
$
13,899

 
$
32,898

Credit-related notes: (1)
 
 
 
 
 
 
 
 
 
Investment grade
$
4

 
$
12

 
$
441

 
$
3,849

 
$
4,306

Non-investment grade
116

 
161

 
314

 
1,425

 
2,016

Total credit-related notes
$
120

 
$
173

 
$
755

 
$
5,274

 
$
6,322

 
Maximum Payout/Notional
Credit default swaps:
 
 
 
 
 
 
 
 
 
Investment grade
$
260,177

 
$
349,125

 
$
500,038

 
$
90,453

 
$
1,199,793

Non-investment grade
79,861

 
99,043

 
110,248

 
42,559

 
331,711

Total
340,038

 
448,168

 
610,286

 
133,012

 
1,531,504

Total return swaps/other:
 
 
 
 
 
 
 
 
 
Investment grade
43,536

 
15

 

 

 
43,551

Non-investment grade
5,566

 
11,028

 
7,631

 
1,035

 
25,260

Total
49,102

 
11,043

 
7,631

 
1,035

 
68,811

Total credit derivatives
$
389,140

 
$
459,211

 
$
617,917

 
$
134,047

 
$
1,600,315

(1) 
For credit-related notes, maximum payout/notional is the same as carrying value.
The notional amount represents the maximum amount payable by the Corporation for most credit derivatives. However, the Corporation does not monitor its exposure to credit derivatives based solely on the notional amount because this measure does not take into consideration the probability of occurrence. As such, the notional amount is not a reliable indicator of the Corporation's exposure to these contracts. Instead, a risk framework is used to define risk tolerances and establish limits to help ensure that certain credit risk-related losses occur within acceptable, predefined limits.

The Corporation manages its market risk exposure to credit derivatives by entering into a variety of offsetting derivative contracts and security positions. For example, in certain instances, the Corporation may purchase credit protection with identical underlying referenced names to offset its exposure. The carrying value and notional amount of written credit derivatives for which the Corporation held purchased credit derivatives with identical underlying referenced names and terms was $19.4 billion and $1.2 trillion at March 31, 2013 and $20.7 billion and $1.1 trillion at December 31, 2012.

Credit-related notes in the table on page 145 include investments in securities issued by collateralized debt obligation (CDO), collateralized loan obligation (CLO) and credit-linked note vehicles. These instruments are primarily classified as trading securities. The carrying value of these instruments equals the Corporation's maximum exposure to loss. The Corporation is not obligated to make any payments to the entities under the terms of the securities owned. The Corporation discloses internal categorizations of investment grade and non-investment grade consistent with how risk is managed for these instruments.

Credit-related Contingent Features and Collateral

The Corporation executes the majority of its derivative contracts in the OTC market with large, international financial institutions, including broker/dealers and, to a lesser degree, with a variety of non-financial companies. Substantially all of the derivative transactions are executed on a daily margin basis. Therefore, events such as a credit rating downgrade (depending on the ultimate rating level) or a breach of credit covenants would typically require an increase in the amount of collateral required of the counterparty, where applicable, and/or allow the Corporation to take additional protective measures such as early termination of all trades. Further, as previously discussed on page 137, the Corporation enters into legally enforceable master netting agreements which reduce risk by permitting the closeout and netting of transactions with the same counterparty upon the occurrence of certain events.

A majority of the Corporation's derivative contracts contain credit risk-related contingent features, primarily in the form of ISDA master netting agreements and credit support documentation that enhance the creditworthiness of these instruments compared to other obligations of the respective counterparty with whom the Corporation has transacted. These contingent features may be for the benefit of the Corporation as well as its counterparties with respect to changes in the Corporation's creditworthiness and the mark-to-market exposure under the derivative transactions. At March 31, 2013 and December 31, 2012, the Corporation held cash and securities collateral of $85.9 billion and $85.6 billion, and posted cash and securities collateral of $68.7 billion and $74.1 billion in the normal course of business under derivative agreements.

In connection with certain OTC derivative contracts and other trading agreements, the Corporation can be required to provide additional collateral or to terminate transactions with certain counterparties in the event of a downgrade of the senior debt ratings of the Corporation or certain subsidiaries. The amount of additional collateral required depends on the contract and is usually a fixed incremental amount and/or the market value of the exposure.

At March 31, 2013, the amount of collateral, calculated based on the terms of the contracts, that the Corporation and certain subsidiaries could be required to post to counterparties but had not yet posted to counterparties was approximately $2.0 billion, comprised of $681 million for BANA and $1.3 billion for Merrill Lynch & Co., Inc. (Merrill Lynch) and certain of its subsidiaries.

Some counterparties are currently able to unilaterally terminate certain contracts, or the Corporation or certain subsidiaries may be required to take other action such as find a suitable replacement or obtain a guarantee. At March 31, 2013, the current liability recorded for these derivative contracts was $1.3 billion, against which the Corporation and certain subsidiaries had posted approximately $1.2 billion of collateral.

At March 31, 2013, if the rating agencies had downgraded their long-term senior debt ratings for the Corporation or certain subsidiaries by one incremental notch, the amount of additional collateral contractually required by derivative contracts and other trading agreements would have been approximately $2.7 billion, comprised of $2.3 billion for BANA and $407 million for Merrill Lynch and certain of its subsidiaries. If the rating agencies had downgraded their long-term senior debt ratings for these entities by a second incremental notch, approximately $5.4 billion in additional incremental collateral, comprised of $1.4 billion for BANA and $4.0 billion for Merrill Lynch and certain of its subsidiaries, would have been required.

Also, if the rating agencies had downgraded their long-term senior debt ratings for the Corporation or certain subsidiaries by one incremental notch, the derivative liability that would be subject to unilateral termination by counterparties as of March 31, 2013 was $3.9 billion, against which $3.1 billion of collateral has been posted. If the rating agencies had downgraded their long-term senior debt ratings for the Corporation and certain subsidiaries by a second incremental notch, the derivative liability that would be subject to unilateral termination by counterparties as of March 31, 2013 was an incremental $1.5 billion, against which $972 million of collateral has been posted.

Valuation Adjustments on Derivatives

The Corporation records credit risk valuation adjustments on derivatives in order to properly reflect the credit quality of the counterparties and its own credit quality. The Corporation calculates valuation adjustments on derivatives based on a modeled expected exposure that incorporates current market risk factors. The exposure also takes into consideration credit mitigants such as enforceable master netting agreements and collateral. CDS spread data is used to estimate the default probabilities and severities that are applied to the exposures. Where no observable credit default data is available for counterparties, the Corporation uses proxies and other market data to estimate default probabilities and severity.

Valuation adjustments on derivatives are affected by changes in market spreads, non-credit related market factors such as interest rate and currency changes that affect the expected exposure, and other factors like changes in collateral arrangements and partial payments. Credit spreads and non-credit factors can move independently. For example, for an interest rate swap, changes in interest rates may increase the expected exposure which would increase the counterparty credit valuation adjustment (CVA). Independently, counterparty credit spreads may tighten, which would result in an offsetting decrease to CVA.

The Corporation may enter into risk management activities to offset market driven exposures. The Corporation often hedges the counterparty spread risk in CVA with CDS and often hedges the other market risks in both CVA and debit valuation adjustments (DVA) primarily with currency and interest rate swaps. Since the components of the valuation adjustments on derivatives move independently and the Corporation may not hedge all of the market driven exposures, the effect of a hedge may increase the gross valuation adjustments on derivatives or may result in a gross positive valuation adjustment on derivatives becoming a negative adjustment (or the reverse).

During the three months ended March 31, 2013, the Corporation refined its methodology for calculating CVA and DVA, on a prospective basis, to adjust the way it values mutual termination clauses in derivatives contracts and to more fully incorporate the potential for the counterparties to default prior to a change in their credit ratings. This change in estimates increased CVA by $361 million and DVA by $433 million resulting in a net positive earnings impact of $72 million for the three months ended March 31, 2013. The net CVA and DVA excluding the impact of these refinements was a gain of $66 million and a loss of $54 million. The effect of this change in estimates is reflected in the table below.

The table below presents CVA and DVA gains (losses) for the Corporation on a gross and net of hedge basis, which are recorded in trading account profits.

Valuation Adjustments on Derivatives
 
Three Months Ended March 31
 
2013
 
2012
(Dollars in millions)
Gross
Net
 
Gross
Net
Derivative assets (CVA) (1)
$
(131
)
$
(295
)
 
$
512

$
150

Derivative liabilities (DVA) (2)
375

379

 
(1,360
)
(1,459
)
(1) 
At March 31, 2013 and December 31, 2012, the cumulative CVA reduced the derivative assets balance by $2.5 billion and $2.4 billion.
(2) 
At March 31, 2013 and December 31, 2012, the cumulative DVA reduced the derivative liabilities balance by $1.2 billion and $807 million.