Contents Introduction Management report Appendices Corporate governance Consolidated Financial Statements Company Financial Statements The amount in total gains or losses recognised in the income statement for the period relating to the assets and liabilities held in Level 3 until the end of the reporting period is given in the following table. Fair value changes for financial instruments in level 3 recognised in profit or loss in millions of euros On 31 December 2017 Assets Financial assets held for trading Financial assets designated at fair value Derivatives Available-for-sale financial assets Liabilities Derivatives Financial liabilities designated at fair value On 31 December 2016 Assets Financial assets held for trading Financial assets designated at fair value Derivatives Available-for-sale financial assets Liabilities Derivatives Financial liabilities designated at fair value Instruments held at the end of reporting Instruments not held any more at the end of period reporting period Total (3) 37 61 (22) 52 (1) (10) (37) 229 (1) (11) (6) (1) 17 191 19 (3) 42 50 (22) 46 (1) (11) (20) 420 18 (1) 289 527 (1) Recognition of Day 7 gains When using fair value accounting at the inception of a financial instrument, any positive difference between the transaction price and the fair value (referred to as day 1 gains') is accounted for in the statement of income where the valuation method is based on observable inputs from active markets. In all other cases, the entire day 1 gain is deferred and after initial recognition the deferred day 1 gain is recognised as a gain to the extent it results from a change in a factor (including time effects). There are no deferred day 1 gains as at 31 December 2017. 4.10 Legal and arbitration proceedings Rabobank Group is active in a legal and regulatory environment that exposes it to substantial risk of litigation. As a result, Rabobank Group is involved in legal cases, arbitrations and regulatory proceedings in the Netherlands and in other countries, including the United States.The most relevant legal and regulatory claims which could give rise to liability on the part of Rabobank Group are described below. If it appears necessary on the basis of the applicable reporting criteria, provisions are made based on current information; similar types of cases are grouped together and some cases may also consist ofa number of claims. The estimated loss for each individual case (for which it is possible to make a reliable estimate) is not reported because Rabobank Group feels that information of this type could be detrimental to the outcome of individual cases. When determining which of the claims is more likely than not (i.e. with a likelihood of overfifty percent) to lead to an outflow of funds, Rabobank Group takes several factors into account.These include (but are not limited to) the type of claim and the underlying facts; the procedural process and history of each case; rulings from legal and arbitration bodies; Rabobank Group's experience and that of third parties in similar cases (if known); previous settlement discussions, third- party settlements in similar cases (where known); available indemnities; and the advice and opinions of legal advisors and other experts. The estimated potential losses and the existing provisions, are based on the information available at the time and are forthe main part subject to judgements and a number of different assumptions, variables and known and unknown uncertainties.These uncertainties may include the inaccuracy or incompleteness of the information available to Rabobank Group (especially in the early stages ofa case). In addition, assumptions made by Rabobank Group about the future rulings of legal or other instances or the likely actions or attitudes of supervisory bodies or the parties opposing Rabobank Group may turn out to be incorrect. Furthermore, estimates of potential losses relating to the legal disputes are often impossible to process using statistical or other quantitative analysis instruments that are generally used to make judgements and estimates. They are then subject to a still greater level of uncertainly than many other areas where the group needs to make judgements and estimates. The group of cases for which Rabobank Group determines that the risk of future outflows of funds is higher than fifty percent varies over time, as do the number of cases for which the bank can estimate the potential loss. In practice the end results could turn out considerably higher or lower than the estimates of potential losses in those cases where an estimate was made. Rabobank Group can also sustain losses from legal risks where the occurrence ofa loss may not be probable, but is not improbable either, and for which no provisions have been recognised. For those cases where (a) the possibility of an outflow of funds is not probable but also not remote or (b) the possibility of an outflow of funds is more likely than not but the potential loss cannot be estimated reliably, a contingent liability is shown. Rabobank Annual Report 2017 - Consolidated financial statements 204

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Annual Reports Rabobank | 2017 | | pagina 205