Directors' and officers' liability insurance: essential cover

Directors' and officers' liability insurance: essential cover

To attract talented officers or directors, it is essential that that they are covered by directors' and officers' liability insurance, simply because the multitude of rules, laws and regulations isn't making it any easier for them to run a company or not-for-profit organisation. 

What can a director or officer be held liable for?

1. Breaches of legal obligations

  • Each officer or director is subject to a general standard of care
  • Directors and officers are responsible for filing financial statements
  • Directors and officers are also occasionally responsible for meeting certain social and tax-related obligations (such as payroll withholding tax, social security contributions and VAT)

Setting up a management company is not enough to avoid this type of liability. Corporate governance rules state that a person must bear the same civil and criminal liability as the company he or she represents.

2. Damage, loss or injury caused to third parties

Victims and their lawyers will pursue liability not only against the legal entity, but also against its officers and directors. This occurs, for instance, when it turns out that the company or not-for-profit organisation has insufficient financial resources to pay compensation. There are, however, other reasons that could lead to such a situation.

Protect your directors and officers with proper cover

It goes without saying that you want your directors and officers to be fully committed to your company or not-for-profit organisation. They will be even more so if they are properly covered by directors' and officers' liability insurance. By providing this cover, you protect their personal possessions against claims from third parties, other officers of directors, the company or not-for-profit organisation itself. 

Directors' and officers' liability insurance can only be taken out by the legal entity and not by the individuals themselves.

Are your directors or officers properly covered?

KBC provides insurance that's tailored to the needs of your company or not-for-profit organisation.

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