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Directors Liability Insurance in Portugal: Quick Guide

By Rauva

Published on 31 January 2024

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Directors and Officers Liability Insurance is a critical form of protection for the leaders of Portuguese businesses. It provides a safety net, defending personal assets from the financial risks associated with management decisions. This insurance ensures that directors and officers can perform their roles without the fear of personal loss due to corporate legal challenges.

By focusing on the protection of individual liabilities, this insurance allows company leaders to make strategic decisions with greater confidence.

What is Directors and Officers Liability Insurance?

Directors and Officers (D&O) Liability Insurance is designed to protect the personal assets of company directors and officers, as well as the company's financial wellbeing, against potential lawsuits. It covers legal fees, settlements, and other costs associated with suits related to their management decisions.

Does my Small Business in Portugal Need Directors and Officers Liability Insurance?

If your business has a corporate board or an advisory committee, D&O insurance is recommended. Even for smaller ventures or startups, decisions made by its leaders can lead to legal repercussions. Thus, while not common for smaller businesses, it can be a prudent cover for businesses of all sizes.

Benefits of Directors and Officers Liability Insurance:

  • **Personal Asset Protection:** Safeguards the personal assets of company leaders from potential lawsuits.
  • **Attract Talent:** Demonstrates a commitment to potential directors and officers by reducing their risk.
  • **Legal Defence:** Covers defence fees, settlements, and judgments related to their leadership roles.

How to Get Directors and Officers Liability Insurance in Portugal:

1. Evaluate the Exposure: Understand the potential risks faced by your company's directors and officers.

2. Engage with Professionals: Connect with insurance specialists who are well-versed in the Portuguese business framework.

3. Examine the Options: Acquire quotes from multiple providers to ensure comprehensive coverage at a reasonable rate. Be sure to negotiate your rates, especially if you are buying multiple policies from the same broker or firm.

4. Regularly Reassess: As your business evolves, periodically review and adjust your coverage accordingly.

Linking to Other Business Insurance Types:

For a holistic view on safeguarding your business venture in Portugal, check out our detailed guide on business insurance in Portugal.

FAQs on Directors and Officers Liability Insurance:

Is D&O insurance mandatory for businesses in Portugal?

It isn't a legal requirement, but given the potential risks associated with leadership roles, it's a wise choice for businesses.

What's the difference between D&O insurance and professional liability insurance?

While both cover claims of wrongful acts, D&O specifically protects the management decisions of directors and officers. In contrast, professional liability insurance covers services or advice-related claims.

Are all directors and officers of a company covered?

Typically, a D&O policy covers all directors and officers of a company. However, coverage specifics vary, so always review the policy details.

Does D&O insurance cover fraudulent acts?

No, intentional illegal acts or fraudulent behaviour are typically excluded from coverage. The insurance is meant for unintentional acts or oversights.

Can claims from previous company leadership be covered?

Yes, with 'Prior Acts' or 'Retroactive' coverage, claims arising from incidents before the policy start date, but after a defined retroactive date, can be covered. Ensure your policy provisions for this if needed.

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Written by Rauva

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©Rauva - 2024
Rauva is partnered with Swan who will be providing all payment services to Rauva clients. Rauva does not have access to client funds. Funds are kept in accounts provided by Swan, held in BNP Paribas. Swan is an EMI, based in France, supervised, and regulated by ACPR/Banque de France. Swan is authorized to carry out such services in Portugal and registered with Banco de Portugal under the registration number 7893.
Rauva is a certified accounting firm, but is not a certified legal services provider. As such, Rauva does not provide legal services. Rauva acts as an intermediary who facilitates the introduction to our customers of legal services partners who are legally registered and certified in Portugal. A list of Rauva’s partners can be found here.