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Fair value measurements
3 Months Ended
Mar. 31, 2017
Fair Value Disclosures [Abstract]  
Fair value measurements
Fair value measurements
Securities owned, securities sold but not yet purchased, investments and derivative contracts are carried at fair value with changes in fair value recognized in earnings each period.
Valuation Techniques
A description of the valuation techniques applied and inputs used in measuring the fair value of the Company's financial instruments is as follows:
U.S. Government Obligations
U.S. Treasury securities are valued using quoted market prices obtained from active market makers and inter-dealer brokers.
U.S. Agency Obligations
U.S. agency securities consist of agency issued debt securities and mortgage pass-through securities. Non-callable agency issued debt securities are generally valued using quoted market prices. Callable agency issued debt securities are valued by benchmarking model-derived prices to quoted market prices and trade data for identical or comparable securities. The fair value of mortgage pass-through securities are model driven with respect to spreads of the comparable to-be-announced ("TBA") security.
Sovereign Obligations
The fair value of sovereign obligations is determined based on quoted market prices when available or a valuation model that generally utilizes interest rate yield curves and credit spreads as inputs.
Corporate Debt and Other Obligations
The fair value of corporate bonds is estimated using recent transactions, broker quotations and bond spread information.
Mortgage and Other Asset-Backed Securities
The Company holds non-agency securities collateralized by home equity and various other types of collateral which are valued based on external pricing and spread data provided by independent pricing services. When specific external pricing is not observable, the valuation is based on yields and spreads for comparable bonds.
Municipal Obligations
The fair value of municipal obligations is estimated using recently executed transactions, broker quotations, and bond spread information.
Convertible Bonds
The fair value of convertible bonds is estimated using recently executed transactions and dollar-neutral price quotations, where observable. When observable price quotations are not available, fair value is determined based on cash flow models using yield curves and bond spreads as key inputs.
Corporate Equities
Equity securities and options are generally valued based on quoted prices from the exchange or market where traded. To the extent quoted prices are not available, fair values are generally derived using bid/ask spreads.
Auction Rate Securities
In February 2010, Oppenheimer finalized settlements with each of the New York Attorney General's office ("NYAG") and the Massachusetts Securities Division ("MSD" and, together with the NYAG, the "Regulators") concluding investigations and administrative proceedings by the Regulators concerning Oppenheimer's marketing and sale of ARS. Pursuant to the settlements with the Regulators, Oppenheimer agreed to extend offers to repurchase ARS from certain of its clients subject to certain terms and conditions more fully described below. As of March 31, 2017, the Company did not have any outstanding ARS purchase commitments related to the settlements with the Regulators. In addition to the settlements with the Regulators, Oppenheimer has also reached settlements of and received adverse awards in legal proceedings with various clients where the Company is obligated to purchase ARS. Pursuant to completed Purchase Offers (as defined) under the settlements with the Regulators and client related legal settlements and awards to purchase ARS, as of March 31, 2017, the Company purchased and holds (net of redemptions) approximately $92.3 million in ARS from its clients. In addition, the Company is committed to purchase another $26.4 million in ARS from clients through 2020 under legal settlements and awards.
The ARS positions that the Company owns and is committed to purchase primarily represent auction rate preferred securities issued by closed-end funds and, to a lesser extent, municipal auction rate securities which are municipal bonds wrapped by municipal bond insurance and student loan auction rate securities which are asset-backed securities backed by student loans.
Interest rates on ARS typically reset through periodic auctions. Due to the auction mechanism and generally liquid markets, ARS have historically been categorized as Level 1 of the fair value hierarchy. Beginning in February 2008, uncertainties in the credit markets resulted in substantially all of the ARS market experiencing failed auctions. Once the auctions failed, the ARS could no longer be valued using observable prices set in the auctions. The Company has used less observable determinants of the fair value of ARS, including the strength in the underlying credits, announced issuer redemptions, completed issuer redemptions, and announcements from issuers regarding their intentions with respect to their outstanding ARS. The Company has also developed an internal methodology to discount for the lack of liquidity and non-performance risk of the failed auctions. Due to liquidity problems associated with the ARS market, ARS that lack liquidity are setting their interest rates according to a maximum rate formula. For example, an auction rate preferred security maximum rate may be set at 200% of a short-term index such as LIBOR or U.S. Treasury yield. For fair value purposes, the Company has determined that the maximum spread would be an adequate risk premium to account for illiquidity in the market. Accordingly, the Company applies a spread to the short-term index for each asset class to derive the discount rate. The Company uses short-term U.S. Treasury yields as its benchmark short-term index. The risk of non-performance is typically reflected in the prices of ARS positions where the fair value is derived from recent trades in the secondary market.
The ARS purchase commitment, or derivative asset or liability, arises from both the settlements with the Regulators and legal settlements and awards. The ARS purchase commitment represents the difference between the principal value and the fair value of the ARS the Company is committed to purchase. The Company utilizes the same valuation methodology for the ARS purchase commitment as it does for the ARS it owns. Additionally, the present value of the future principal value of ARS purchase commitments under legal settlements and awards is used in the discounted valuation model to reflect the time value of money over the period of time that the commitments are outstanding. The amount of the ARS purchase commitment only becomes determinable once the Company has met with its primary regulator and the NYAG and agreed upon a buyback amount, commenced the ARS buyback offer to clients, and received notice from its clients which ARS they are tendering. As a result, it is not possible to observe the current yields actually paid on the ARS until all of these events have happened which is typically very close to the time that the Company actually purchases the ARS. For ARS purchase commitments pursuant to legal settlements and awards, the criteria for purchasing ARS from clients is based on the nature of the settlement or award which will stipulate a time period and amount for each repurchase. The Company will not know which ARS will be tendered by the client until the stipulated time for repurchase is reached. Therefore, the Company uses the current yields of ARS owned in its discounted valuation model to determine a fair value of ARS purchase commitments. The Company also uses these current yields by asset class (i.e., auction rate preferred securities, municipal auction rate securities, and student loan auction rate securities) in its discounted valuation model to determine the fair value of ARS purchase commitments. In addition, the Company uses the discount rate and duration of ARS owned, by asset class, as a proxy for the duration of ARS purchase commitments.
Additional information regarding the valuation technique and inputs for ARS used is as follows:
(Expressed in thousands)
Quantitative Information about ARS Level 3 Fair Value Measurements as of March 31, 2017
Product
 
Principal
 
Valuation
Adjustment
 
Fair
Value
 
Valuation
Technique
 
Unobservable
Input
 
Range
 
Weighted
Average
Auction Rate Securities Owned (1)
Auction Rate Preferred Securities
 
$
91,975

 
$
2,530

 
$
89,445

 
Discounted Cash Flow
 
Discount Rate (2)
 
1.88% to 2.56%
 
2.21%
 
 
 
 
 
 
 
 
 
 
Duration
 
4.0 Years
 
4.0 Years
 
 
 
 
 
 
 
 
 
 
Current Yield (3)
 
1.40% to 1.56%
 
1.48%
Municipal Auction Rate Securities
 
25

 
1

 
24

 
Discounted Cash Flow
 
Discount Rate (4)
 
3.17%
 
3.17%
 
 
 
 
 
 
 
 
 
 
Duration
 
4.5 Years
 
4.5 Years
 
 
 
 
 
 
 
 
 
 
Current Yield (3)
 
2.61%
 
2.61%
Student Loan Auction Rate Securities
 
300

 
26

 
274

 
Discounted Cash Flow
 
Discount Rate (5)
 
3.41%
 
3.41%
 
 
 
 
 
 
 
 
 
 
Duration
 
7.0 Years
 
7.0 Years
 
 
 
 
 
 
 
 
 
 
Current Yield (3)
 
1.98%
 
1.98%
 
 
$
92,300

 
$
2,557

 
$
89,743

 
 
 
 
 
 
 
 
Auction Rate Securities Commitments to Purchase (6)
 
 
 
 
 
 
 
 
Auction Rate Preferred Securities
 
$
6,654

 
$
(878
)
 
$
7,532

 
Discounted Cash Flow
 
Discount Rate (2)
 
1.88% to 2.56%
 
2.21%
 
 
 
 
 
 
 
 
 
 
Duration
 
4.0 Years
 
4.0 Years
 
 
 
 
 
 
 
 
 
 
Current Yield (3)
 
1.40% to 1.56%
 
1.48%
Auction Rate Preferred Securities
 
19,781

 
359

 
19,422

 
Discounted Cash Flow
 
Discount Rate (2)
 
1.88% to 2.56%
 
2.21%
 
 
 
 
 
 
 
 
 
 
Duration
 
4.0 Years
 
4.0 Years
 
 
 
 
 
 
 
 
 
 
Current Yield (3)
 
1.40% to 1.56%
 
1.48%
 
 
$
26,435

 
$
(519
)
 
$
26,954

 
 
 
 
 
 
 
 
Total
 
$
118,735

 
$
2,038

 
$
116,697

 
 
 
 
 
 
 
 
 
(1)
Principal amount represents the par value of the ARS and is included in securities owned on the condensed consolidated balance sheet as of March 31, 2017. The valuation adjustment amount is included as a reduction to securities owned on the condensed consolidated balance sheet as of March 31, 2017.
(2)
Derived by applying a multiple to the spread between 110% to 150% to the U.S. Treasury rate of 1.71%.
(3)
Based on current yields for ARS positions owned.
(4)
Derived by applying a multiple to the spread of 175% to the U.S. Treasury rate of 1.81%.
(5)
Derived by applying the sum of the spread of 1.20% to the U.S. Treasury rate of 2.21%.
(6)
Principal amount represents the present value of the ARS par value that the Company is committed to purchase at a future date. This principal amount is presented as an off-balance sheet item. The valuation adjustment amounts, and unrealized gains and losses, are included in other assets and accounts payable and other liabilities, respectively, on the condensed consolidated balance sheet as of March 31, 2017.
The fair value of ARS and ARS purchase commitments is particularly sensitive to movements in interest rates. Increases in short-term interest rates would increase the discount rate input used in the ARS valuation and thus reduce the fair value of the ARS (increase the valuation adjustment). Conversely, decreases in short-term interest rates would decrease the discount rate and thus increase the fair value of ARS (decrease the valuation adjustment). However, an increase (decrease) in the discount rate input would be partially mitigated by an increase (decrease) in the current yield earned on the underlying ARS asset increasing the cash flows and thus the fair value. Furthermore, movements in short term interest rates would likely impact the ARS duration (i.e., sensitivity of the price to a change in interest rates), which would also have a mitigating effect on interest rate movements. For example, as interest rates increase, issuers of ARS have an incentive to redeem outstanding securities as servicing the interest payments gets prohibitively expensive which would lower the duration assumption thereby increasing the ARS fair value. Alternatively, ARS issuers are less likely to redeem ARS in a lower interest rate environment as it is a relatively inexpensive source of financing which would increase the duration assumption thereby decreasing the ARS fair value. For example, see the following sensitivities: 
The impact of a 25 basis point increase in the discount rate at March 31, 2017 would result in a decrease in the fair value of $1.1 million (does not consider a corresponding reduction in duration as discussed above).
The impact of a 50 basis point increase in the discount rate at March 31, 2017 would result in a decrease in the fair value of $2.2 million (does not consider a corresponding reduction in duration as discussed above).
These sensitivities are hypothetical and are based on scenarios where they are "stressed" and should be used with caution. These estimates do not include all of the interplay among assumptions and are estimated as a portfolio rather than as individual assets.
Due to the less observable nature of these inputs, the Company categorizes ARS in Level 3 of the fair value hierarchy. As of March 31, 2017, the Company had a valuation adjustment (unrealized loss) of $2.6 million for ARS owned which is included as a reduction to securities owned on the condensed consolidated balance sheet. As of March 31, 2017, the Company also had a net valuation adjustment (unrealized gain) of $519,000 on ARS purchase commitments from settlements with the Regulators and legal settlements and awards, comprised of unrealized gains of $878,000 and unrealized losses of $359,000, which are included in other assets and accounts payable and other liabilities, respectively, on the condensed consolidated balance sheet. The total valuation adjustment was $2.0 million as of March 31, 2017. The valuation adjustment represents the difference between the principal value and the fair value of the ARS owned and ARS purchase commitments.
Investments
In its role as general partner in certain hedge funds and private equity funds, the Company, through its subsidiaries, holds direct investments in such funds. The Company uses the net asset value of the underlying fund as a basis for estimating the fair value of its investment.
The following table provides information about the Company's investments in Company-sponsored funds as of March 31, 2017:
(Expressed in thousands)
 
 
 
 
 
 
 
 
Fair Value
 
Unfunded
Commitments
 
Redemption
Frequency
 
Redemption
Notice Period
Hedge funds (1)
$
2,662

 
$

 
Quarterly - Annually
 
30 - 120 Days
Private equity funds (2)
4,693

 
1,251

 
N/A
 
N/A
 
$
7,355

 
$
1,251

 
 
 
 
(1)
Includes investments in hedge funds and hedge fund of funds that pursue long/short, event-driven, and activist strategies. Each hedge fund has various restrictions regarding redemption; no investment is locked-up for a period greater than one year.
(2)
Includes private equity funds and private equity fund of funds with a focus on diversified portfolios, real estate and global natural resources. Due to the illiquid nature of these funds, investors are not permitted to make withdrawals without the consent of the general partner. The lock-up period of the private equity funds can extend to 10 years.
Valuation Process
The Company's Finance & Accounting ("F&A") group is responsible for the Company's fair value policies, processes and procedures. F&A is independent from the business units and trading desks and is headed by the Company's Chief Financial Officer ("CFO"), who has final authority over the valuation of the Company's financial instruments. The Finance Control Group ("FCG") within F&A is responsible for daily profit and loss reporting, front-end trading system position reconciliations, monthly profit and loss reporting, and independent price verification procedures.
For financial instruments categorized in Levels 1 and 2 of the fair value hierarchy, the FCG performs a monthly independent price verification to determine the reasonableness of the prices provided by the Company's independent pricing vendor. The FCG uses its third-party pricing vendor, executed transactions, and broker-dealer quotes for validating the fair values of financial instruments.
For financial instruments categorized in Level 3 of the fair value hierarchy measured on a recurring basis, primarily for ARS, a group comprised of the CFO, the Controller, and an Operations Director are responsible for the ARS valuation model and resulting fair valuations. Procedures performed include aggregating all ARS owned by type from firm inventory accounts and ARS purchase commitments from regulatory and legal settlements and awards provided by the Legal Department. Observable and unobservable inputs are aggregated from various sources and entered into the ARS valuation model. For unobservable inputs, the group reviews the appropriateness of the inputs to ensure consistency with how a market participant would arrive at the unobservable input. For example, for the duration assumption, the group would consider recent policy statements regarding short-term interest rates by the Federal Reserve and recent ARS issuer redemptions and announcements for future redemptions. The model output is reviewed for reasonableness and consistency. Where available, comparisons are performed between ARS owned or committed to purchase to ARS that are trading in the secondary market.
Assets and Liabilities Measured at Fair Value
The Company's assets and liabilities, recorded at fair value on a recurring basis as of March 31, 2017 and December 31, 2016, have been categorized based upon the above fair value hierarchy as follows:
Assets and liabilities measured at fair value on a recurring basis as of March 31, 2017
(Expressed in thousands)
 
 
 
 
 
 
 
 
Fair Value Measurements as of March 31, 2017
 
Level 1
 
Level 2
 
Level 3
 
Total
Assets
 
 
 
 
 
 
 
Cash equivalents
$
21,831

 
$

 
$

 
$
21,831

Deposits with clearing organizations
27,459

 

 

 
27,459

Securities owned:
 
 
 
 
 
 
 
U.S. Treasury securities (1)
660,164

 

 

 
660,164

U.S. Agency securities
21,089

 
23,796

 

 
44,885

Sovereign obligations

 
1,451

 

 
1,451

Corporate debt and other obligations

 
33,078

 

 
33,078

Mortgage and other asset-backed securities

 
2,387

 

 
2,387

Municipal obligations

 
81,694

 
36

 
81,730

Convertible bonds

 
44,848

 

 
44,848

Corporate equities
44,330

 

 

 
44,330

Money markets
651

 

 

 
651

Auction rate securities

 

 
89,743

 
89,743

Securities owned, at fair value
726,234

 
187,254

 
89,779

 
1,003,267

Investments (2)

 

 
164

 
164

Securities purchased under agreements to resell (3)

 
3,896

 

 
3,896

Derivative contracts:
 
 
 
 
 
 
 
TBAs

 
549

 

 
549

ARS purchase commitments

 

 
878

 
878

Derivative contracts, total

 
549

 
878

 
1,427

Total
$
775,524

 
$
191,699

 
$
90,821

 
$
1,058,044

Liabilities
 
 
 
 
 
 
 
Securities sold but not yet purchased:
 
 
 
 
 
 
 
U.S. Treasury securities
$
234,072

 
$

 
$

 
$
234,072

U.S. Agency securities

 
5

 

 
5

Sovereign obligations

 
1,108

 

 
1,108

Corporate debt and other obligations

 
17,059

 

 
17,059

Mortgage and other asset-backed securities

 
156

 

 
156

Convertible bonds

 
7,700

 

 
7,700

Corporate equities
39,372

 

 

 
39,372

Securities sold but not yet purchased, at fair value
273,444

 
26,028

 

 
299,472

Derivative contracts:
 
 
 
 
 
 
 
Futures
726

 

 

 
726

Foreign exchange forward contracts
4

 

 

 
4

TBAs

 
785

 

 
785

ARS purchase commitments

 

 
359

 
359

Derivative contracts, total
730

 
785

 
359

 
1,874

Total
$
274,174

 
$
26,813

 
$
359

 
$
301,346

 
(1)
$562,000 is included in assets held for sale on the condensed consolidated balance sheet. See Note 3 for details.
(2)
Included in other assets on the condensed consolidated balance sheet.
(3)
Included in securities purchased under agreements to resell where the Company has elected fair value option treatment.

Assets and liabilities measured at fair value on a recurring basis as of December 31, 2016
(Expressed in thousands)
 
 
 
 
 
 
 
 
Fair Value Measurements as of December 31, 2016
 
Level 1
 
Level 2
 
Level 3
 
Total
Assets
 
 
 
 
 
 
 
Cash equivalents
$
16,242

 
$

 
$

 
$
16,242

Deposits with clearing organizations
26,437

 

 

 
26,437

Securities owned:
 
 
 
 
 
 
 
U.S. Treasury securities (1)
418,888

 

 

 
418,888

U.S. Agency securities
5,878

 
32,391

 

 
38,269

Sovereign obligations

 
1,894

 

 
1,894

Corporate debt and other obligations

 
17,074

 

 
17,074

Mortgage and other asset-backed securities

 
5,024

 

 
5,024

Municipal obligations

 
56,706

 
44

 
56,750

Convertible bonds

 
56,480

 

 
56,480

Corporate equities
31,174

 

 

 
31,174

Money markets
189

 

 

 
189

Auction rate securities

 

 
84,926

 
84,926

Securities owned, at fair value
456,129

 
169,569

 
84,970

 
710,668

Investments (2)

 

 
158

 
158

Securities purchased under agreements to resell (3)

 
24,006

 

 
24,006

Derivative contracts:


 


 


 


TBAs

 
814

 

 
814

ARS purchase commitments

 

 
849

 
849

Derivative contracts, total

 
814

 
849

 
1,663

Total
$
498,808

 
$
194,389

 
$
85,977

 
$
779,174

Liabilities
 
 
 
 
 
 
 
Securities sold but not yet purchased:
 
 
 
 
 
 
 
U.S. Treasury securities
$
28,662

 
$

 
$

 
$
28,662

U.S. Agency securities

 
12

 

 
12

Corporate debt and other obligations

 
2,536

 

 
2,536

Mortgage and other asset-backed securities

 
31

 

 
31

Municipal obligations

 
516

 

 
516

Convertible bonds

 
11,604

 

 
11,604

Corporate equities
41,689

 

 

 
41,689

Securities sold but not yet purchased, at fair value
70,351

 
14,699

 

 
85,050

Derivative contracts:
 
 
 
 
 
 
 
Futures
166

 

 

 
166

Foreign exchange forward contracts
1

 

 

 
1

TBAs

 
1,212

 

 
1,212

ARS purchase commitments

 

 
645

 
645

Derivative contracts, total
167

 
1,212

 
645

 
2,024

Total
$
70,518

 
$
15,911

 
$
645

 
$
87,074

 
(1)
$3.6 million is included in assets held for sale on the condensed consolidated balance sheet. See Note 3 for details.
(2)
Included in other assets on the condensed consolidated balance sheet.
(3)
Included in securities purchased under agreements to resell where the Company has elected fair value option treatment.




There were no transfers between any of the levels in the three months ended March 31, 2017.
The following tables present changes in Level 3 assets and liabilities measured at fair value on a recurring basis for the three months ended March 31, 2017 and 2016:
(Expressed in thousands)
 
Level 3 Assets and Liabilities
 
For the Three Months Ended March 31, 2017
 
Beginning
Balance
 
Total Realized
and Unrealized
Gains
(Losses) (3)(4)
 
Purchases
and Issuances
 
Sales and Settlements
 
Transfers
In (Out)
 
Ending
Balance
 
 
 
 
 
 
 
 
 
 
 
 
Assets
 
 
 
 
 
 
 
 
 
 
 
Municipal obligations
$
44

 
$
(8
)
 
$

 
$

 
$

 
$
36

Auction rate securities (1)(5)(6)
84,926

 
642

 
5,000

 
(825
)
 

 
89,743

Investments
158

 
6

 

 

 

 
164

ARS purchase commitments (2)
849

 
29

 

 

 

 
878

Liabilities
 
 
 
 
 
 
 
 
 
 
 
ARS purchase commitments (2) 
645

 
286

 

 

 

 
359

 
(1)
Represents auction rate preferred securities, municipal auction rate securities and student loan auction rate securities that failed in the auction rate market.
(2)
Represents the difference in principal and fair value for auction rate securities purchase commitments outstanding at the end of the period.
(3)
Included in principal transactions in the condensed consolidated statement of operations, except for investments which are included in other income in the condensed consolidated statement of operations.
(4)
Unrealized gains are attributable to assets or liabilities that are still held at the reporting date.
(5)
Purchases and issuances in connection with ARS purchase commitments represent instances in which the Company purchased ARS securities from clients during the period pursuant to regulatory and legal settlements and awards that satisfy the outstanding commitment to purchase obligation. This also includes instances where the ARS issuer has redeemed ARS where the Company had an outstanding purchase commitment prior to the Company purchasing those ARS.
(6)
Sales and settlements for the ARS purchase commitments represent additional purchase commitments made during the period for regulatory and legal ARS settlements and awards.

(Expressed in thousands)
 
Level 3 Assets and Liabilities
 
For the Three Months Ended March 31, 2016
 
Beginning
Balance
 
Total Realized
and Unrealized
Gains
(Losses) (4)(5)
 
Purchases
and Issuances
 
Sales and Settlements
 
Transfers
In (Out)
 
Ending
Balance
 
 
 
 
 
 
 
 
 
 
 
 
Assets
 
 
 
 
 
 
 
 
 
 
 
Municipal obligations
$
81

 
$
4

 
$

 
$

 
$

 
$
85

Auction rate securities (1)(6)(7) 
86,802

 
2,233

 
6,775

 
(11,625
)
 

 
84,185

Interest rate lock commitments (2)
9,161

 
4,863

 

 

 

 
14,024

Investments
157

 
4

 

 

 

 
161

ARS purchase commitments (3)

 
1,540

 

 

 

 
1,540

Liabilities

 

 

 

 

 

Interest rate lock commitments (2)
923

 
923

 

 

 

 

ARS purchase commitments (3)
1,369

 
810

 

 

 

 
559

(1)
Represents auction rate preferred securities, municipal auction rate securities and student loan auction rate securities that failed in the auction rate market.
(2)
Interest rate lock commitment assets and liabilities are recorded upon the commitment to originate a loan with a borrower and sell the loan to an investor. The commitment assets and liabilities are recognized at fair value, which reflects the fair value of the contractual loan origination related fees and sale premiums, net of co-broker fees, and the estimated fair value of the expected net future cash flows associated with the servicing of the loan.
(3)
Represents the difference in principal and fair value for auction rate securities purchase commitments outstanding at the end of the period.
(4)
Included in principal transactions on the condensed consolidated statement of operations, except for investments which are included in other income on the condensed consolidated statement of operations.
(5)
Unrealized gains (losses) are attributable to assets or liabilities that are still held at the reporting date.
(6)
Purchases and issuances in connection with ARS purchase commitments represent instances in which the Company purchased ARS securities from clients during the period pursuant to regulatory and legal settlements and awards that satisfy the outstanding commitment to purchase obligation. This also includes instances where the ARS issuer has redeemed ARS where the Company had an outstanding purchase commitment prior to the Company purchasing those ARS.
(7)
Sales and settlements for the ARS purchase commitments represent additional purchase commitments made during the period for regulatory and legal ARS settlements and awards.
Financial Instruments Not Measured at Fair Value
The table below presents the carrying value, fair value and fair value hierarchy category of certain financial instruments that are not measured at fair value on the condensed consolidated balance sheets. The table below excludes non-financial assets and liabilities (e.g., furniture, equipment and leasehold improvements and accrued compensation).
The carrying value of financial instruments not measured at fair value categorized in the fair value hierarchy as Level 1 or Level 2 (e.g., cash and receivables from customers) approximates fair value because of the relatively short term nature of the underlying assets. The fair value of the Company's 8.75% Senior Secured Notes, categorized in Level 2 of the fair value hierarchy, is based on quoted prices from the market in which the Notes trade.
Assets and liabilities not measured at fair value as of March 31, 2017
(Expressed in thousands)
 
 
Fair Value Measurement: Assets
 
Carrying Value
 
Level 1
 
Level 2
 
Level 3
 
Total
Cash
$
40,590

 
$
40,590

 
$

 
$

 
$
40,590

Deposits with clearing organization
14,443

 
14,443

 

 

 
14,443

Receivable from brokers, dealers and clearing organizations:
 
 
 
 
 
 
 
 
 
Securities borrowed
160,295

 

 
160,295

 

 
160,295

Receivables from brokers
39,408

 

 
39,408

 

 
39,408

Securities failed to deliver
10,195

 

 
10,195

 

 
10,195

Clearing organizations
20,450

 

 
20,450

 

 
20,450

Other
2,334

 

 
2,334

 

 
2,334

 
232,682

 

 
232,682

 

 
232,682

Receivable from customers
830,084

 

 
830,084

 

 
830,084

Investments (1)
59,057

 

 
59,057

 

 
59,057

 
(1)
Included in other assets on the condensed consolidated balance sheet.
(Expressed in thousands)
 
 
Fair Value Measurement: Liabilities
 
Carrying Value
 
Level 1
 
Level 2
 
Level 3
 
Total
Drafts payable
$
32,783

 
$
32,783

 
$

 
$

 
$
32,783

Bank call loans
195,700

 

 
195,700

 

 
195,700

Payables to brokers, dealers and clearing organizations:
 
 
 
 
 
 
 
 
 
Securities loaned
142,121

 

 
142,121

 

 
142,121

Payable to brokers
3,153

 

 
3,153

 

 
3,153

Securities failed to receive
13,173

 

 
13,173

 

 
13,173

Other
16,757

 

 
16,757

 

 
16,757

 
175,204

 

 
175,204

 

 
175,204

Payables to customers
504,348

 

 
504,348

 

 
504,348

Securities sold under agreements to repurchase
456,090

 

 
456,090

 

 
456,090

Senior secured notes
150,000

 

 
150,282

 

 
150,282

 
Assets and liabilities not measured at fair value as of December 31, 2016
(Expressed in thousands)
 
 
Fair Value Measurement: Assets
 
Carrying Value
 
Level 1
 
Level 2
 
Level 3
 
Total
Cash
$
48,671

 
$
48,671

 
$

 
$

 
$
48,671

Deposits with clearing organization
11,748

 
11,748

 

 

 
11,748

Receivable from brokers, dealers and clearing organizations:
 
 
 
 
 
 
 
 
 
Securities borrowed
154,090

 

 
154,090

 

 
154,090

Receivables from brokers
25,768

 

 
25,768

 

 
25,768

Securities failed to deliver
6,172

 

 
6,172

 

 
6,172

Clearing organizations
26,081

 

 
26,081

 

 
26,081

Other
2,823

 

 
2,823

 

 
2,823

 
214,934

 

 
214,934

 

 
214,934

Receivable from customers
847,386

 

 
847,386

 

 
847,386

Investments (1)
56,300

 

 
56,300

 

 
56,300

 
(1)
Included in other assets on the condensed consolidated balance sheet.
(Expressed in thousands)
 
 
Fair Value Measurement: Liabilities
 
Carrying Value
 
Level 1
 
Level 2
 
Level 3
 
Total
Drafts payable
$
39,228

 
$
39,228

 
$

 
$

 
$
39,228

Bank call loans
145,800

 

 
145,800

 

 
145,800

Payables to brokers, dealers and clearing organizations:
 
 
 
 
 
 
 
 
 
Securities loaned
179,875

 

 
179,875

 

 
179,875

Payable to brokers
610

 

 
610

 

 
610

Securities failed to receive
11,523

 

 
11,523

 

 
11,523

Other
29,381

 

 
29,381

 

 
29,381

 
221,389

 

 
221,389

 

 
221,389

Payables to customers
449,946

 

 
449,946

 

 
449,946

Securities sold under agreements to repurchase
378,084

 

 
378,084

 

 
378,084

Senior secured notes
150,000

 

 
151,782

 

 
151,782


Fair Value Option
The Company elected the fair value option for repurchase agreements and reverse repurchase agreements that do not settle overnight or have an open settlement date. The Company has elected the fair value option for these instruments to more accurately reflect market and economic events in its earnings and to mitigate a potential mismatch in earnings caused by using different measurement attributes (i.e. fair value versus carrying value) for certain assets and liabilities. As of March 31, 2017, the fair value of the reverse repurchase agreements and repurchase agreements for which the fair value option was elected were $3.9 million and $nil, respectively.
Derivative Instruments and Hedging Activities
The Company transacts, on a limited basis, in exchange traded and over-the-counter derivatives for both asset and liability management as well as for trading and investment purposes. Risks managed using derivative instruments include interest rate risk and, to a lesser extent, foreign exchange risk. All derivative instruments are measured at fair value and are recognized as either assets or liabilities on the condensed consolidated balance sheet.
Foreign exchange hedges
From time to time, the Company also utilizes forward and options contracts to hedge the foreign currency risk associated with compensation obligations to Oppenheimer Israel (OPCO) Ltd. employees denominated in New Israeli Shekel ("NIS"). Such hedges have not been designated as accounting hedges. Unrealized gains and losses on foreign exchange forward contracts are recorded in other assets on the condensed consolidated balance sheet and other income in the condensed consolidated statement of operations.
Derivatives used for trading and investment purposes
Futures contracts represent commitments to purchase or sell securities or other commodities at a future date and at a specified price. Market risk exists with respect to these instruments. Notional or contractual amounts are used to express the volume of these transactions and do not represent the amounts potentially subject to market risk. The futures contracts the Company used include U.S. Treasury notes, Federal Funds, General Collateral futures and Eurodollar contracts which are used primarily as an economic hedge of interest rate risk associated with government trading activities. Unrealized gains and losses on futures contracts are recorded on the condensed consolidated balance sheet in payable to brokers, dealers and clearing organizations and in the condensed consolidated statement of operations as principal transactions revenue, net.
To-be-announced securities
The Company also transacts in pass-through mortgage-backed securities eligible to be sold in the TBA market as economic hedges against mortgage-backed securities that it owns or has sold but not yet purchased. TBAs provide for the forward or delayed delivery of the underlying instrument with settlement up to 180 days. The contractual or notional amounts related to these financial instruments reflect the volume of activity and do not reflect the amounts at risk. Unrealized gains and losses on TBAs are recorded on the condensed consolidated balance sheet in receivable from brokers, dealers and clearing organizations and payable to brokers, dealers and clearing organizations, respectively, and in the condensed consolidated statement of operations as principal transactions revenue, net.
The notional amounts and fair values of the Company's derivatives as of March 31, 2017 and December 31, 2016 by product were as follows:
(Expressed in thousands)
 
 
 
 
 
 
Fair Value of Derivative Instruments as of March 31, 2017
 
Description
 
Notional
 
Fair Value
Assets:
 
 
 
 
 
Derivatives not designated as hedging instruments (1)
 
 
 
 
 
Other contracts
TBAs
 
$
62,550

 
$
333

 
TBA sale contracts
 
90,871

 
216

 
ARS purchase commitments
 
6,654

 
878

 
 
 
$
160,075

 
$
1,427

Liabilities:
 
 
 
 
 
Derivatives not designated as hedging instruments (1)
 
 
 
 
 
Commodity contracts
Futures
 
$
4,345,000

 
$
726

Other contracts
Foreign exchange forward contracts
 
400

 
4

 
TBAs
 
55,650

 
249

 
TBA purchase contracts
 
90,871

 
536

 
Forward start repurchase agreements
 
627,000

 

 
ARS purchase commitments
 
19,781

 
359

 
 
 
$
5,138,702

 
$
1,874

 
(1)
See "Derivative Instruments and Hedging Activities" above for description of derivative financial instruments. Such derivative instruments are not subject to master netting agreements, thus the related amounts are not offset.
(Expressed in thousands)
 
 
 
 
 
 
Fair Value of Derivative Instruments as of December 31, 2016
 
Description
 
Notional
 
Fair Value
Assets:
 
 
 
 
 
Derivatives not designated as hedging instruments (1)
 
 
 
 
 
Other contracts
TBAs
 
$
169,500

 
$
332

 
TBA sale contracts
 
121,573

 
482

 
ARS purchase commitments
 
6,654

 
849

 
 
 
$
297,727

 
$
1,663

Liabilities:
 
 
 
 
 
Derivatives not designated as hedging instruments (1)
 
 

 

Commodity contracts
Futures
 
$
4,059,000

 
$
166

Other contracts
Foreign exchange forward contracts
 
200

 
1

 
TBAs
 
169,500

 
289

 
TBA purchase contracts
 
121,573

 
923

 
Forward start repurchase agreements
 
382,000

 

 
ARS purchase commitments
 
24,358

 
645

 
 
 
$
4,756,631

 
$
2,024

 
(1)
See "Derivative Instruments and Hedging Activities" above for description of derivative financial instruments. Such derivative instruments are not subject to master netting agreements, thus the related amounts are not offset.
The following table presents the location and fair value amounts of the Company's derivative instruments and their effect in the condensed consolidated statements of operations for the three months ended March 31, 2017 and 2016:
(Expressed in thousands)
 
 
 
 
 
 
The Effect of Derivative Instruments in the Statement of Operations
 
For the Three Months Ended March 31, 2017
 
 
 
Recognized in Income on Derivatives
(pre-tax)
Types
Description
 
Location
 
Net Gain (Loss)
Commodity contracts
Futures
 
Principal transactions revenue
 
$
242

Other contracts
Foreign exchange forward contracts
 
Other revenue
 
4

 
TBAs
 
Principal transactions revenue
 
(127
)
 
TBA sale contracts
 
Other revenue
 
(216
)
 
TBA purchase contracts
 
Other revenue
 
536

 
ARS purchase commitments
 
Principal transactions revenue
 
315

 
 
 
 
 
$
754

 
 
 
 
 
 
(Expressed in thousands)
 
 
 
 
 
 
The Effect of Derivative Instruments in the Statement of Operations
 
For the Three Months Ended March 31, 2016
 
 
 
Recognized in Income on Derivatives
(pre-tax)
Types
Description
 
Location
 
Net Gain (Loss)
Commodity contracts
Futures
 
Principal transactions revenue
 
$
(1,754
)
Other contracts
Foreign exchange forward contracts
 
Other revenue
 
17

 
TBAs
 
Principal transactions revenue
 
(9
)
 
TBA sale contracts
 
Other revenue
 
(7,901
)
 
Interest rate lock commitments
 
Other revenue
 
5,786

 
ARS purchase commitments
 
Principal transactions revenue
 
2,350

 
 
 
 
 
$
(1,511
)