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Derivative Financial Instruments
9 Months Ended
Sep. 30, 2016
Derivative Instruments and Hedging Activities Disclosure [Abstract]  
Derivative Financial Instruments
Derivative Financial Instruments
The Company enters into derivative transactions as part of its trading activities and to manage foreign currency exposure. Cash flows associated with such derivative activities are included in cash flows from operating activities on the Consolidated Statements of Cash Flows.
During the normal course of business, the Company enters into futures contracts. These financial instruments are subject to varying degrees of risks whereby the fair value of the securities underlying the financial instruments may be in excess of, or less than, the contract amount. The Company is obligated to post collateral against certain futures contracts.
The Company has entered into and may continue to enter into International Swaps and Derivative Association, Inc. (“ISDA”) master netting agreements with counterparties. Master agreements provide protection in bankruptcy in certain circumstances and, where legally enforceable, enable receivables and payables with the same counterparty to be settled or otherwise eliminated by applying amounts due against all or a portion of an amount due from the counterparty or a third party. The Company may also enter into bilateral trading agreements and other customer agreements that provide for the netting of receivables and payables with a given counterparty as a single net obligation.
Under the ISDA master netting agreements, the Company typically also executes credit support annexes, which provide for collateral, either in the form of cash or securities, to be posted or paid by a counterparty based on the fair value of the derivative receivable or payable based on the rates and parameters established in the credit support annex. In the event of counterparty’s default, provisions of the ISDA master agreement permit acceleration and termination of all outstanding transactions covered by the agreement such that a single amount is owed by, or to, the non-defaulting party. Any collateral posted can be applied to the net obligations, with any excess returned and the collateralized party has a right to liquidate the collateral. Any residual claim after netting is treated along with other unsecured claims in bankruptcy court.
The Company is also a party to clearing agreements with various central clearing parties. Under these arrangements, the central clearing counterparty facilitates settlement between counterparties based on the net payable owed or receivable due and, with respect to daily settlement, cash is generally only required to be deposited to the extent of the net amount. In the event of default, a net termination amount is determined based on the market values of all outstanding positions and the clearing organization or clearing member provides for the liquidation and settlement of the net termination amount among all counterparties to the open derivative contracts.
The following tables summarize the fair value and number of derivative instruments held at September 30, 2016 and December 31, 2015. These instruments include those classified as Financial instruments, owned at fair value, Financial instruments sold, not yet purchased at fair value, as well as futures contracts and bi-lateral over the counter swaps which are reported within Receivable from brokers, dealers and clearing organizations in the Consolidated Statements of Financial Condition. The fair value of assets/liabilities are shown gross of counterparty netting and cash collateral received and pledged. The following tables also provide information regarding 1) the extent to which, under enforceable master netting agreements, such balances are presented net in the Consolidated Statements of Financial Condition as appropriate under GAAP and 2) the extent to which other rights of setoff associated with these agreements exist and could have an effect on our financial position (in thousands, except contract amounts):
 
 
 
September 30, 2016
 
Financial Statements
 
Assets
 
Liabilities
 
Location
 
Fair Value
 
Contracts
 
Fair Value
 
Contracts
Foreign currency
 
 
 
 
 
 
 
 
 
Futures contracts
Receivable from brokers, dealers and clearing organizations
 
$
292

 
1,932

 
$
1,651

 
3,440

Forward contracts (1)
Financial instruments owned, at fair value
 

 

 
302

 
1

Equity
 
 
 
 
 
 
 
 
 
Futures contracts
Receivable from brokers, dealers and clearing organizations
 
1,560

 
2,321

 
2,000

 
2,723

Swap contracts
Receivable from brokers, dealers and clearing organizations
 
8

 
1

 
146

 
1

Listed options
Financial instruments owned/sold, not yet purchased, at fair value
 
12,190

 
78,269

 
16,319

 
81,367

Fixed income
 
 
 
 
 
 
 
 
 
Futures contracts
Receivable from brokers, dealers and clearing organizations
 
5,075

 
4,162

 
6,059

 
3,924

Commodity
 
 
 
 
 
 
 
 
 
Futures contracts
Receivable from brokers, dealers and clearing organizations
 
66,562

 
37,977

 
65,970

 
38,373

Gross derivative assets/liabilities, before netting
 
$
85,687

 
 
 
$
92,447

 
 
Less: Legally enforceable master netting agreements
 
 
 
 
 
 
 
 
Exchange traded (2)
 
(72,993
)
 
 
 
(75,680
)
 
 
Bi-lateral over-the-counter (3)
 

 
 
 
(448
)
 
 
Net amounts per Consolidated Statement of Financial Condition (4)
 
$
12,694

 
 
 
$
16,319

 
 
 
 
 
December 31, 2015
 
Financial Statements
 
Assets
 
Liabilities
 
Location
 
Fair Value
 
Contracts
 
Fair Value
 
Contracts
Foreign currency
 
 
 
 
 
 
 
 
 
Futures contracts
Receivable from brokers, dealers and clearing organizations
 
$
578

 
3,675

 
$
955

 
6,586

Forward contracts (1)
Financial instruments owned, at fair value
 
445

 
1

 

 

Equity
 
 
 
 
 
 
 
 
 
Futures contracts
Receivable from brokers, dealers and clearing organizations
 
1,558

 
4,038

 
1,743

 
3,432

Swap contracts
Receivable from brokers, dealers and clearing organizations
 

 

 
281

 
2

Listed options
Financial instruments owned/sold, not yet purchased, at fair value
 
178,360

 
360,469

 
151,893

 
390,949

Fixed income
 
 
 
 
 
 
 
 
 
Futures contracts
Receivable from brokers, dealers and clearing organizations
 
4,265

 
6,195

 
4,037

 
4,891

Commodity
 
 
 
 
 
 
 
 
 
Futures contracts
Receivable from brokers, dealers and clearing organizations
 
35,441

 
22,424

 
35,814

 
24,261

Gross derivative assets/liabilities, before netting
 
$
220,647

 
 
 
$
194,723

 
 
Less: Legally enforceable master netting agreements
 
 
 
 
 
 
 
 
Exchange traded (2)
 
(41,146
)
 
 
 
(42,549
)
 
 
Bi-lateral over-the-counter (3)
 

 
 
 
(281
)
 
 
Net amounts per Consolidated Statement of Financial Condition (4)
 
$
179,501

 
 
 
$
151,893

 
 
(1) 
The foreign currency forward contract represents a net investment hedge and is designated as a hedging instrument.
(2) 
Exchange traded instruments comprise futures contracts.
(3) 
Bi-lateral over-the-counter instruments comprise swaps and forward contracts.
(4) 
The Company has not received or pledged additional collateral under master netting agreements and or other credit support agreements that is eligible to be offset beyond what is offset in the Consolidated Statements of Financial Condition.
The fair value of listed options and forward contracts in the tables above are classified as Level 1 and Level 2 in the fair value hierarchy, respectively. The fair value of futures contracts and swaps in the tables above would be classified as Level 1 and Level 2 in the fair value hierarchy, respectively, if such classification were required.
The following table summarizes the gains and losses included in the Consolidated Statements of Operations for the three and nine months ended September 30, 2016 and 2015.
 
 
 
 
Gain (Loss) Recognized
 
 
Financial Statements
 
For the three months 
 ended September 30,
 
For the nine months 
 ended September 30,
 
 
Location
 
2016
 
2015
 
2016
 
2015
Derivative instruments not designated as hedging instruments:
 
 
 
 
 
 
 
 
 
 
Foreign currency
 
 
 
 
 
 
 
 
 
 
Futures contracts
 
Trading revenues, net
 
$
1,964

 
$
1,868

 
$
3,529

 
$
2,674

Forward contracts
 
Investment income and other, net
 

 

 

 
(10
)
Equity
 
 
 
 
 
 
 
 
 
 
  Futures contracts
 
Trading revenues, net
 
(5,008
)
 
13,849

 
6,395

 
27,587

  Swap contracts
 
Trading revenues, net
 
(232
)
 
1,792

 
2,480

 
2,860

  Listed options
 
Trading revenues, net
 
(557
)
 
1,149

 
(222
)
 
(15,032
)
Fixed income
 
 
 
 
 
 
 
 
 
 
  Futures contracts
 
Trading revenues, net
 
2,670

 
10,918

 
16,627

 
35,839

Commodity
 
 
 
 
 
 
 
 
 
 
  Futures contracts
 
Trading revenues, net
 
9,949

 
14,852

 
31,506

 
39,855

 
 
 
 
$
8,786

 
$
44,428

 
$
60,315

 
$
93,773

Derivative instruments designated as hedging instruments:
 
 
 
 
 
 
 
 
 
 
Foreign exchange - forward contract
 
Accumulated other comprehensive income
 
$
(197
)
 
$
(44
)
 
$
(571
)
 
$
(50
)

The Company has identified an error in the presentation of its previously reported derivative gains and losses for the three and nine months ended September 30, 2015 and the above disclosures have been revised to correct for the error. The error impacted the gains and losses from futures contracts in the above table but did not have any impact to the Company’s Consolidated Financial Statements. The Company evaluated the materiality of these errors in accordance with SEC Staff Accounting Bulletin No. 99, Materiality, and SEC Staff Accounting Bulletin No. 108, Considering the Effects of Prior Year Misstatements When Quantifying Misstatements in Current Year Financial Statements, and concluded that this error was immaterial to the Consolidated Financial Statements for all prior periods. While the adjustments were immaterial, the Company revised its previously disclosed gains and losses from futures contracts in the above table as follows:
 
 
 
 
Gain (Loss) Recognized
 
 
Financial Statements
 
For the three months 
 ended September 30, 2015
 
For the nine months 
 ended September 30, 2015
 
 
Location
 
As Previously Reported
 
Revised
 
As Previously Reported
 
Revised
Derivative instruments not designated as hedging instruments:
 
 
 
 
 
 
 
 
 
 
Equity
 
 
 
 
 
 
 
 
 
 
  Futures contracts
 
Trading revenues, net
 
(2,122
)
 
13,849

 
11,616

 
27,587

Fixed income
 
 
 
 
 
 
 
 
 
 
  Futures contracts
 
Trading revenues, net
 
5,256

 
10,918

 
30,177

 
35,839

Commodity
 
 
 
 
 
 
 
 
 
 
  Futures contracts
 
Trading revenues, net
 
12,339

 
14,852

 
37,342

 
39,855

Financial instruments with Off-Balance Sheet Risk and Concentrations of Credit Risk
As a market maker in global equities, fixed income, futures, options, commodities and currencies, the majority of the Company’s securities transactions are conducted as principal or riskless principal with broker dealers and institutional counterparties primarily located in the United States. The Company self-clears substantially all of its U.S. equity and option securities transactions. The Company clears a portion of its securities transactions through third party clearing brokers. Foreign transactions are settled pursuant to global custody and clearing agreements with major U.S. banks. Substantially all of the Company’s credit exposures are concentrated with its clearing brokers, broker dealer and institutional counterparties. The Company’s policy is to monitor the credit standing of counterparties with which it conducts business.
Financial instruments sold, not yet purchased, at fair value represent obligations to purchase such securities (or underlying securities) at a future date. The Company may incur a loss if the market value of the securities subsequently increases.
The Company currently has no loans outstanding to any former or current executive officer or director.