Bill

Bill > S09070


NY S09070

NY S09070
Enacts provisions relating to the discontinuance of LIBOR (the London interbank offered rate); prohibits parties from refusing to perform contractual obligations or declaring a breach of contract as a result of the discontinuance of LIBOR or the use of a replacement; establishes that the replacement is a commercially reasonable substitute for and a commercially substantial equivalent to LIBOR; and provides a safe harbor from litigation for the use of the recommended benchmark replacement.


summary

Introduced
10/28/2020
In Committee
10/28/2020
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

2019-2020 General Assembly

Bill Summary

Enacts provisions relating to the discontinuance of LIBOR (the London interbank offered rate); prohibits parties from refusing to perform contractual obligations or declaring a breach of contract as a result of the discontinuance of LIBOR or the use of a replacement; establishes that the replacement is a commercially reasonable substitute for and a commercially substantial equivalent to LIBOR; and provides a safe harbor from litigation for the use of the recommended benchmark replacement.

AI Summary

This bill enacts provisions related to the discontinuation of LIBOR (the London interbank offered rate), which is a widely-used benchmark interest rate. The key provisions are: 1) it prohibits parties from refusing to perform contractual obligations or declaring a breach of contract due to the discontinuation of LIBOR or the use of a replacement; 2) it establishes that the replacement benchmark is a commercially reasonable substitute for and equivalent to LIBOR; and 3) it provides a safe harbor from litigation for the use of the recommended replacement benchmark. The bill aims to ensure a smooth transition away from LIBOR, which is being phased out, by providing legal certainty and protection for the use of an alternative benchmark.

Sponsors (1)

Last Action

REFERRED TO RULES (on 10/28/2020)

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