Coverage line

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What Venture Capital Asset Protection Insurance Requirements Apply in Texas?

Texas requires certain out-of-state advisers below the six-client threshold to make a notice filing and pay fees rather than treating them as wholly outside the state process. Check whether that route applies. 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 Texas

  • Check the State Adviser Filing

    Texas requires certain out-of-state advisers below the six-client threshold to make a notice filing and pay fees rather than treating them as wholly outside the state process. Check whether that route applies. 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

    For fewer than six Texas clients, determine whether the adviser must notice-file; distinguish a notice filing from registration when completing the carrier’s regulatory-history questions. 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

    Check if the Texas notice-filing route applies before representing the adviser as unregistered. 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 Texas 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 Texas?

Texas Department of Insurance

TDI licenses agents and insurers, reviews company rate filings, and investigates complaints against insurance companies and people it regulates. Its complaint page states limits on what it can resolve, including disputes outside its regulatory authority. 4,5,6

Surplus-Lines Tax and Stamping Office in Texas

Reported tax rate. 4.85% of gross premium plus 0.04% SLTX stamping fee 7,8,9

When Texas is the insured’s home state, the state tax is 4.85% of gross premium; absent a compact allocation agreement, a multistate policy can be taxed on its entire premium. Policies effective on or after Jan. 1, 2024 also carry a 0.04% stamping fee; SLTX invoices the broker and says the insured pays it, and the surplus-lines insurer is not covered by the Texas guaranty association.

Surplus Lines Stamping Office of Texas

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

  1. Does our Texas adviser need a notice filing below six clients, and is it current?
  2. Does the policy schedule include the Texas adviser entity and any Texas branches?
  3. How does the policy treat regulatory investigations connected to Texas advisory activity?

Venture Capital Asset Protection Insurance in Texas: FAQ

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

No. The SEC describes an exemption from federal registration for advisers solely to venture-capital funds, while state adviser rules remain a separate question. Texas requires certain out-of-state advisers below the six-client threshold to make a notice filing and pay fees rather than treating them as wholly outside the state process. Check whether that route applies. Check the applicable state filing status for the adviser and its representatives. 1,2

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

The state adviser-registration summary says: Texas requires certain out-of-state advisers below the six-client threshold to make a notice filing and pay fees rather than treating them as wholly outside the state process. Check whether that route applies. 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 Texas include in its VCAP application?

Include the fund, GP, adviser and management company, plus partners’ portfolio-company board roles. For fewer than six Texas clients, determine whether the adviser must notice-file; distinguish a notice filing from registration when completing the carrier’s regulatory-history questions. 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 TexasEvery coverage guide for Texas, plus the regulator and surplus-lines details.

Sources

17 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.

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