ARRC Publishes Checklist for Buy-Side Firms Transitioning from LIBOR to SOFR | Practical Law

ARRC Publishes Checklist for Buy-Side Firms Transitioning from LIBOR to SOFR | Practical Law

The Alternative Reference Rates Committee (ARRC) published a checklist for buy-side firms transitioning from USD LIBOR to its recommended alternative, the Secured Overnight Financing Rate (SOFR), in preparation for LIBOR's expected discontinuation after 2021.

ARRC Publishes Checklist for Buy-Side Firms Transitioning from LIBOR to SOFR

Practical Law Legal Update w-023-9577 (Approx. 5 pages)

ARRC Publishes Checklist for Buy-Side Firms Transitioning from LIBOR to SOFR

by Practical Law Finance
Published on 06 Feb 2020USA (National/Federal)
The Alternative Reference Rates Committee (ARRC) published a checklist for buy-side firms transitioning from USD LIBOR to its recommended alternative, the Secured Overnight Financing Rate (SOFR), in preparation for LIBOR's expected discontinuation after 2021.
On January 31, 2020, the Alternative Reference Rates Committee (ARRC) published a checklist for buy-side firms transitioning from USD LIBOR to its recommended alternative, the Secured Overnight Financing Rate (SOFR), in preparation for LIBOR's expected discontinuation after 2021.
The checklist was developed as an informational document and recommends that buy-side firms (financial institutions that buy securities and other financial assets for their own account or for the account of their clients such as private equity funds, mutual funds, and hedge funds) potentially impacted by LIBOR's discontinuation consider:
  • Establishing a robust governance program with senior executives who oversee, and are held responsible for, the firm's enterprise-wide LIBOR transition program.
  • Developing an enterprise-wide transition-management program across all functions and businesses to aid in the evaluation and mitigation of transition-related risks.
  • Implementing a communication strategy in order to proactively engage, communicate with, and educate impacted stakeholders.
  • Identifying and validating LIBOR product exposure during the transition period and developing ways to value SOFR products.
  • Assessing the impact of and designing a plan for contractual remediation by reviewing existing LIBOR contracts, service level agreements, and benchmarks and projecting the impact of fallback execution. For new LIBOR contracts, the checklist recommends that buy-side firms consider incorporating the recommended fallback language developed by the ARRC (see Legal Update, ARRC Recommends Fallback Benchmark-Replacement Language for Syndicated Loans and Floating Rate Notes).
  • Developing a product and portfolio strategy for transitioning LIBOR products.
  • Managing and overseeing risks associated with the transition, including market readiness, business impact, documentation requirements, financial, and legal.
  • Developing an operational and technology readiness plan to assess where LIBOR is primarily used throughout the business.
  • Determining accounting and reporting considerations, including investment and client accounting goals.
  • Determining taxation and regulatory considerations, including the impacts of hedge accounting based on current guidance and regulatory capital.
For more information on LIBOR and interest rate benchmark reform, see LIBOR Replacement Toolkit.