Does your private company D&O insurance address capital raising under the JOBS Act or under a crowdfunding platform like CrowdFunder or Kickstarter, or EquityNet or any of the others? You might be surprised to learn that many carriers have added exclusions to their policies to specifically exclude capital transactions under the JOBS Act even though these transactions are exempt from the kind of SEC scrutiny that a public company might receive.
Hartford is one carrier that has offered language that specifically INCLUDES coverage for JOBS Act and crowdfunding offerings. If you are a private company seeking a capital raise outside of the traditional private placement avenue, you should be mindful of the extensions or limitations in your D&O policy. Consult a competent broker to make sure you have the coverage you need before you list your offering. Hartford is not the only carrier offering coverage. And remember that you may need to specifically request the endorsement because they won't be offering this on every policy.
For quick highlights on the Hartford endorsement, see the following link:
Monica M. Minkel, RPLU, MLIS, cyRM has been working exclusively with Directors & Officers Liability, Professional Liability, Cyber Liability and related products for more than 15 years. She started her interest in finance by loaning money to her mom at age 11 (complete with a loan agreement and competitive interest rate). She is passionate about all things in the financial industry and the way technology is changing the way capital markets function.