Bill
Bill > A11098
NY A11098
NY A11098Enacts 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
11/06/2020
11/06/2020
In Committee
11/06/2020
11/06/2020
Crossed Over
Passed
Dead
12/31/2020
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 discontinuance 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 discontinuance of LIBOR or the use of a replacement benchmark.
2. It establishes that a "recommended benchmark replacement" selected by a relevant body (such as the Federal Reserve) is a commercially reasonable substitute for and equivalent to LIBOR.
3. It provides a safe harbor from litigation for the use of the recommended benchmark replacement and the implementation of related changes.
4. The bill applies broadly to all contracts, securities, and instruments that use LIBOR as a benchmark, ensuring continuity and preventing disruptions caused by LIBOR's discontinuation.
Committee Categories
Justice
Sponsors (1)
Last Action
referred to judiciary (on 11/06/2020)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2019/A11098 | 11/07/2020 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A11098&term=2019&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A11098 | 11/07/2020 |
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