What Venture Capital Asset Protection Insurance Requirements Apply in Delaware?

Delaware’s adviser summary sets minimum net worth of $10,000 for discretion and $35,000 for custody. Those financial-responsibility thresholds concern the adviser, not the amount of liability insurance a fund should buy. The SEC exemption from federal registration is not a blanket state exemption, so confirm the adviser’s state filing position and list the correct entities for insurance.

What Is Venture Capital Asset Protection Insurance?

Venture capital asset protection can combine management and professional liability for a venture or private-equity fund and its managers. The label is not a standard coverage package, so check which funds, partners, board roles and claims the quote includes. Read the national Venture capital asset protection guide.

What to Watch for With Venture Capital Asset Protection in Delaware

  • Check the State Adviser Filing

    Delaware’s adviser summary sets minimum net worth of $10,000 for discretion and $35,000 for custody. Those financial-responsibility thresholds concern the adviser, not the amount of liability insurance a fund should buy. Confirm the regulator-facing status of the adviser entity; do not assume SEC exempt-reporting treatment settles it. 2,1

  • Map Each Fund and Manager Entity

    If a Delaware adviser has custody or discretion, distinguish state net-worth conditions from policy limits; neither determines the other. Give the broker the fund, GP, adviser and management-company chart, then ask how the policy coordinates with each entity’s indemnification obligations under its governing documents and organizing law. 3,1

  • Match the Policy to Fund Work

    Do not treat Delaware adviser net-worth figures as a proxy for the liability limit to buy. Ask for a written schedule of funds, management entities, partner board seats and covered professional services; the product label does not establish those terms. 1,2

Providers With Delaware License Records

No provider in our research has both a state license record and a listing for this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Who Regulates Insurance in Delaware?

Delaware Department of Insurance

The Delaware Department of Insurance licenses and regulates insurers and insurance producers, reviews regulated insurance activity, and handles complaints. Its consumer division can help you raise an insurance concern and its services page links to official license searches. 4,5,6

Surplus-Lines Tax and Stamping Office in Delaware

Reported tax rate. 3% of gross premium, less return premium, when Delaware is the home state 7,8

When Delaware is the insured’s home state, its 3% surplus-lines premium tax applies to the entire premium of a multistate policy, less returned premiums and excluding federal and state taxes and examination fees. Ask the surplus-lines broker to confirm the home-state determination and tax calculation, and separately explain how exposures are allocated in the required reports; those allocations do not reduce the premium subject to Delaware’s tax.

Questions to Ask Before You Buy Venture Capital Asset Protection in Delaware

  1. Which adviser, management company, general partner and funds does this proposal insure by name?
  2. Does the policy include outside-director protection for partners serving on portfolio-company boards?
  3. Are limited-partner allegations about fund disclosures or governance within the covered professional services?

Venture Capital Asset Protection Insurance in Delaware: FAQ

Is the federal venture capital adviser exemption enough for state registration in Delaware?

No. The SEC describes an exemption from federal registration for advisers solely to venture-capital funds, while state adviser rules remain a separate question. Delaware’s adviser summary sets minimum net worth of $10,000 for discretion and $35,000 for custody. Those financial-responsibility thresholds concern the adviser, not the amount of liability insurance a fund should buy. Check the applicable state filing status for the adviser and its representatives. 1,2

What Delaware adviser rule should a VC fund check before buying VCAP?

The state adviser-registration summary says: Delaware’s adviser summary sets minimum net worth of $10,000 for discretion and $35,000 for custody. Those financial-responsibility thresholds concern the adviser, not the amount of liability insurance a fund should buy. Separate this filing or financial-responsibility rule from liability coverage, then ask the broker whether the policy covers the adviser, GP, management company and funds. 2,1

Which entities should a venture fund in Delaware include in its VCAP application?

Include the fund, GP, adviser and management company, plus partners’ portfolio-company board roles. If a Delaware adviser has custody or discretion, distinguish state net-worth conditions from policy limits; neither determines the other. Ask the insurer to confirm which entities, services and board seats are covered in writing. 1,3

Venture Capital Asset Protection Insurance Guides for Other States

Other coverage in DelawareEvery coverage guide for Delaware, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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