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AL HB475

Bill

Status

Introduced

3/2/2021

Primary Sponsor

Danny Garrett

Click for details

Origin

House of Representatives

Regular Session 2021

AI Summary

  • Enacts the LIBOR Discontinuance and Replacement Act of 2021 to address the discontinuance of the London Interbank Offered Rate (LIBOR) used in financial contracts, securities, and instruments.

  • Prohibits parties to contracts from refusing performance or declaring breach based on LIBOR discontinuance or use of replacement interest rate indices.

  • Automatically replaces LIBOR with a recommended benchmark replacement (Term SOFR, SOFR, or other recommended benchmarks) on the LIBOR replacement date for contracts without viable fallback provisions.

  • Provides safe harbor from litigation and liability for entities selecting or using recommended benchmark replacements, and deems such replacements as commercially reasonable equivalents that do not constitute breach, amendment, or taxable events.

  • Applies to all Alabama contracts including commercial transactions and cannot be displaced by other state law; becomes effective immediately upon passage and gubernatorial approval.

Legislative Description

Financial transactions, contingencies provided if the London Interbank Offered Rate is discontinued, Secs. 5-28-1 to 5-28-5, inclusive, added

Financial Institutions

Last Action

Indefinitely Postponed

5/6/2021

Committee Referrals

Financial Services3/2/2021

Full Bill Text

No bill text available