29 Con tin gen t liabilities 30 Reserves and retained earnings Contents Introduction Management report Appendices Corporate governance Consolidated Financial Statements Company Financial Statements Credit related contingent liabilities Rabobank enters into irrevocable loan commitments as well as contingent liabilities consisting of financial guarantees and standby letters of credit on behalf of its customers. Under these contracts Rabobank is required to perform under an obligation agreement or to make payments to the beneficiary on third party's failure to meet its obligations. The following table shows the amount of the maximum potential utilisation of credit related contingent liabilities. in millions of euros 2017 2076 Financial guarantees 3,406 4,550 Loan commitments 32,965 36,723 Other commitments 18,154 21,487 Credit related contingent liabilities 54,525 62,760 Contingent liabilities related to litigation Rabobank is involved in a number of legal and arbitration proceedings in the Netherlands and other countries, including the United States, in connection with claims brought by and against Rabobank Group arising from its operations. The maximum amount of non-remote contingent liabilities relating to claims is 74 (2016: 61). For additional information, please refer to section 4.10'Legal and arbitration proceedings'. Contingent liabilities related to income tax The European Commission has addressed questions to the Dutch government about article 29a of the Dutch Corporate Income Tax Code. If the European Commission would decide to start a formal investigation and ultimately would conclude that this is a case of state aid, Rabobank may have to repay tax benefits it enjoyed from 2015 onwards. Article 29a of the Dutch Corporate Income Tax Code was included in the Dutch Corporate Income Tax Code so that capital instruments issued by credit institutions and which are covered by EU regulation 575/2013 would be considered tax deductible. In this context, Rabobank issued Capital Securities in January 2015 and in April 2016, amounting respectively to EUR 1.5 billion at a fixed interest rate of 5.5%, and EUR 1.25 billion at a fixed interest rate of 6.625%.The contingent liability related to this matter amounts to 96 (2016: 54). Liabilities relating to operating leases Rabobank has concluded various operating lease contracts as lessee, mainly with respect to properties, information systems and cars. The future net minimum lease payments under non- cancellable operating leases can be broken down as follows: in millions of euros 2017 2016 Not later than 1 year 124 145 Later than 1 year but not later than 5 years 394 332 Later than 5 years 259 375 Total liabilities relating to operating leases 777 852 The expected future minimum lease payments receivable from sub-leases are nil (2016: nil).The operating lease expenses are 41 (2016: 98). These are included in 'Other administrative expenses'in the statement of income. Payments receivable from operating leases Rabobank has concluded various operating lease contracts as lessor. The future minimum lease payments receivable from non-cancellable operating leases can be broken down as follows: in millions of euros 2017 2016 Not later than 1 year 714 796 Later than 1 year but not later than 5 years 1,244 1,551 Later than 5 years 84 83 Total payments receivable from operating leases 2,042 2,430 No contingent lease payments were recognised as assets during the current year. Other contingent liabilities The contractual commitments relating to the acquisition, construction and development of work in progress and investment properties amounts to 784 (2016: 735). in millions of euros 2017 2016 Foreign currency translation reserves (938) 203 Revaluation reserves - Available-for-sale financial assets 464 571 Revaluation reserve - Cash flow hedges (42) (70) Revaluation reserve - Assets held for sale (35) (70) Remeasurement reserve-Pensions (225) (219) (625) (303) 26,777 25,709 25,376 25,821 1 Prior-year figures adjusted due to changes in presentation (see note 2.1). Revaluation reserve - Fair value changes due to own credit risk on financial liabilities designated at fair value Retained earnings Total reserves and retained earnings at year-end Rabobank Annual Report 2017 - Consolidated financial statements 227

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Annual Reports Rabobank | 2017 | | pagina 228