the position will be sustained upon examination based on the technical merits of the position, includingresolution of any related appeals or litigation. A tax position that meets the more likely than not recognitionthreshold is measured to determine the amount of benefit to recognize. The tax position is measured at thelargest amount of benefit that is greater than 50% likely of being realized upon settlement. We recognize theaccrual of interest on uncertain tax positions in interest expense and penalties in other operating expenses.As a multinational corporation, we operate in various locations outside the United States and generateearnings from our non-U.S. subsidiaries. We indefinitely reinvest the undistributed earnings of our non-U.S.subsidiaries, except for Subpart F income taxed in the U.S., subject to regulatory or contractual repatriationrestrictions or contractual repatriation requirements, and the excess net earnings after debt service paymentsand regulatory capital requirements of our Canadian and U.K. consolidated subsidiaries. As a result, wehave not recognized a provision for U.S. income taxes and a deferred income tax liability on $3.4 billion ofcumulative undistributed foreign earnings that are indefinitely reinvested at September 30, 2009. Changes toour policy of reinvestment or repatriation of non-U.S. earnings may have a significant effect on ourfinancial condition and results of operations.Loss ContingenciesWe are involved in various lawsuits and claims encountered in the normal course of business. Whensuch a matter arises and periodically thereafter, we consult with our legal counsel and evaluate the merits ofthe claims based on the facts available at that time. In management’s opinion, an adequate accrual has beenmade as of September 30, 2009 to provide for probable losses that may arise from these matters for whichwe could reasonably estimate an amount. See also Note 15 – Commitments and Contingencies in the notesto consolidated financial statements in Item 8 of Part II of this Form 10-K.Consolidation of Variable Interest EntitiesWe consolidate any variable interest entity (“VIE”) for which we are considered the primarybeneficiary. A VIE is an entity in which the equity investment holders have not contributed sufficientcapital to finance its activities or the equity investment holders do not have defined rights and obligationsnormally associated with an equity investment. The entity that has the majority of the risks and rewards ofownership, referred to as the primary beneficiary, is required to consolidate the VIE.We invest in various entities in the normal course of business and evaluate whether each entity is aVIE. For the entities determined to be VIEs, we assess whether we qualify as the primary beneficiary of theVIEs. Our VIEs primarily include certain sponsored investment products and certain other investmentproducts in which we hold an equity ownership interest. Other VIEs include limited liability partnerships,limited liability companies, and joint ventures. The form of variable interests that we have in VIEs generallyincludes our equity ownership interest and investment management and related service fees earned fromsponsored investment products. Our evaluation of whether we qualify as the primary beneficiary of VIEs ishighly complex and involves significant judgments, estimates and assumptions. We generally utilizeexpected cash flow scenarios to determine our interest in the expected losses or residual returns of VIEsfrom our investment management and related service fees or equity ownership interests held.The key estimates and assumptions used in our analyses include the amount of assets undermanagement, investment management and related service fee rates, the life of the investment product, andthe discount rate. These estimates and assumptions are subject to variability. For example, assets undermanagement are impacted by market volatility and the level of sales, redemptions, contributions,withdrawals and dividend reinvestments of mutual fund shares that occur daily. Also, investmentmanagement fees may be fixed or tiered based on the amount of assets under management, the life of a58
sponsored investment product may be finite or indefinite, and the discount rate could be affected by credit,liquidity or other risks factors. In addition, third-party purchases and redemptions, which are outside of ourcontrol, need to be evaluated to determine whether they cause a reconsideration event.Based on our evaluation, we believe we were not the primary beneficiary of VIEs and, as a result, didnot consolidate these entities as of and for fiscal year 2009. While we believe that our evaluation wasappropriate, future changes in estimates, judgments, and assumptions may affect whether certain relatedentities require consolidation in our financial statements.Banking/Finance Segment Interest Income and Margin AnalysisThe following table presents the banking/finance operating segment’s net interest income and margin:(in millions)as of and for the fiscal years endedSeptember 30,AverageBalance2009 2008 2007InterestAverageRateAverageBalanceInterestAverageRateAverageBalanceInterestAverageRateFederal funds sold andsecurities purchased underagreements to resell ....... $ 16.9 $ 0.1 0.59% $ 147.2 $ 5.3 3.60% $230.2 $12.3 5.34%Investment securities,trading .................. 92.9 6.4 6.89% 63.1 4.7 7.45% — — —Investment securities,available-for-sale 1 ......... 414.2 13.2 3.19% 261.3 13.1 5.01% 146.6 9.4 6.41%Loans to banking clients 2 ..... 357.6 19.5 5.45% 629.2 40.4 6.42% 455.5 37.3 8.19%Total earning assets ...... $881.6 $39.2 4.45% $1,100.8 $63.5 5.77% $832.3 $59.0 7.09%Interest-bearing deposits ...... $516.1 $ 6.2 1.20% $ 389.5 $ 9.0 2.31% $371.5 $14.2 3.82%Federal funds purchased andsecurities sold underagreements to repurchase . . . 1.4 — 2.08% 4.5 0.1 2.22% 2.7 0.1 3.70%Variable funding notes ....... 4.3 0.3 6.98% 251.4 10.5 4.18% 149.6 9.6 6.42%FHLB advances ............ 93.5 2.3 2.46% 48.0 1.3 2.71% — — —Total interest-bearingliabilities ............ $615.3 $ 8.8 1.43% $ 693.4 $20.9 3.01% $523.8 $23.9 4.56%Net interest income andmargin ................. $30.4 3.45% $42.6 3.87% $35.1 4.22%1 Average rates on investment securities, available-for-sale are calculated using the cost basis of the investment.2 Non-accrual loans are included in the average loans receivable balance.59
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G A I N F R O M O U R P E R S P E C
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Letter to StockholdersGregory E. Jo
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LETTER TO STOCKHOLDERSHaving announ
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Directors and OfficersDirectorsChar
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Performance GraphThe following perf
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(MARK ONE)UNITED STATESSECURITIES A
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operational and other services requ
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A. Assets Under Management (“AUM
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Operating revenues of the banking/f
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minimum Tier 1 and Total risk-based
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PART IIIItem 10. Directors, Executi
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Item 15.(a)(1)(a)(2)(a)(3)PART IVEx
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Exhibit No.Description10.17 Represe
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Exhibit No.Description12 Computatio
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Exhibit No.DescriptionEXHIBIT INDEX
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Exhibit No.Description10.22 Amendme
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(dollars in thousands)COMPUTATION O
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NameState or Nation ofIncorporation
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CONSENT OF INDEPENDENT REGISTERED P
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EXHIBIT 31.2CERTIFICATIONI, Kenneth
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CERTIFICATION PURSUANT TO 18 U.S.C.
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One Franklin ParkwaySan Mateo, CA 9