Bill

Bill > A11098


NY A11098

NY A11098
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
11/06/2020
In Committee
11/06/2020
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 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)

bill text


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