Coverage line

A branching structural tree supports a handful of miniature businesses on separate platforms.

What Venture Capital Asset Protection Insurance Requirements Apply in Massachusetts?

Massachusetts requires a $10,000 surety bond when a registered adviser has discretion over client funds, according to its registration summary. Do not treat that bond as coverage for allegations about fund management. 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 Massachusetts

  • Check the State Adviser Filing

    Massachusetts requires a $10,000 surety bond when a registered adviser has discretion over client funds, according to its registration summary. Do not treat that bond as coverage for allegations about fund management. 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 the adviser exercises discretion in Massachusetts, separate its state bond from VCAP and ask whether the policy includes each fund and management company. 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

    Keep any Massachusetts adviser surety bond outside the liability tower calculation. 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 Massachusetts License Records

No provider in our research documents both a state license record and 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 Massachusetts?

Massachusetts Division of Insurance

The Massachusetts Division of Insurance licenses insurers and producers, reviews rates and forms, and handles insurance complaints. Use the State Based Systems lookup for producers, agencies, and surplus-lines brokers. For insurer status, use the DOI’s separate licensed or approved company lists, including the eligible surplus-lines company list. Before filing a complaint, contact the insurer or producer; if the response is unsatisfactory, submit the online form with supporting papers. The DOI says not to use the form for ongoing litigation. 4,5,6,7

Surplus-Lines Tax and Stamping Office in Massachusetts

Reported tax rate. 4% of gross premiums less gross return premiums on risks or exposures in Massachusetts or another state when Massachusetts is the insured’s home state. 8,9,10,11

A diligent effort to place coverage with admitted insurers is generally required before surplus-lines placement through a specially licensed Massachusetts broker. The narrow §224 large-commercial exception is described in the note below.

  • Multi-state surplus-lines tax dates and exceptions: For this rule, home state means the state of the insured’s principal place of business or, for an individual, principal residence; if 100% of the risk is outside that state, home state is where the greatest percentage of taxable premium for that insurance contract is allocated. For multi-state policies effective on or after August 10, 2018, the Division of Insurance says the 4% tax applies to gross premium regardless of whether risks are inside or outside Massachusetts when Massachusetts is the insured’s home state. For earlier effective dates, Massachusetts risk portions are taxed at 4%, while out-of-state portions are taxed at the rates for their allocated premium. The Division lists exceptions for policies issued to the Massachusetts Bay Transportation Authority, federal credit unions when they are the purchaser, and tribal lands on reservations. Brokers still make required filings for exempt policies. Tax-exempt status alone is not specifically excluded. 8,9
  • Narrow large-commercial placement exception: Section 168(b)(iv) exempts the diligent-effort affidavit and excess-placement condition in §168(b)(iii) only for a §224 qualifying commercial risk or policyholder. The policyholder must acknowledge in writing that the insurer is not admitted and that the Massachusetts Insurers Insolvency Fund will not pay an insolvency loss. Section 224 eligibility is limited to a corporation, partnership, trust, sole proprietorship, or other business or public entity with at least $30,000 in aggregate property-and-casualty premiums, excluding workers’ compensation. The holder must certify its election and understanding of limited regulatory oversight and certify at least two criteria: net worth of $10 million; net revenue or sales of $5 million; more than 25 employees per individual company OR more than 50 employees per holding company aggregate; a nonprofit or public entity with annual budget or assets of $25 million or more; a municipality with population of 20,000 or more; or retention of a risk manager who is either a full-time employee or retained by the policyholder; that person must be licensed and hold one of these qualifications: certified insurance counselor, chartered property and casualty underwriter, associate in risk management, certified risk manager, or licensed insurance advisor in property and casualty. 10,11

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

  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 Massachusetts: FAQ

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

No. The SEC describes an exemption from federal registration for advisers solely to venture-capital funds, while state adviser rules remain a separate question. Massachusetts requires a $10,000 surety bond when a registered adviser has discretion over client funds, according to its registration summary. Do not treat that bond as coverage for allegations about fund management. Check the applicable state filing status for the adviser and its representatives. 1,2

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

The state adviser-registration summary says: Massachusetts requires a $10,000 surety bond when a registered adviser has discretion over client funds, according to its registration summary. Do not treat that bond as coverage for allegations about fund management. 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 Massachusetts include in its VCAP application?

Include the fund, GP, adviser and management company, plus partners’ portfolio-company board roles. If the adviser exercises discretion in Massachusetts, separate its state bond from VCAP and ask whether the policy includes each fund and management company. 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 MassachusettsEvery coverage guide for Massachusetts, plus the regulator and surplus-lines details.

Sources

19 documents, numbered as cited.

Updated .

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

Want someone to handle this for you?

Spot, which publishes this research, gets quotes from 50+ providers, picks the options that fit your coverage and budget, and manages renewals after you buy. The first consultation is free. Book a free consultation