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Directors & Officers Liability: Risk Check Survey
Directors & Officers Liability: Risk Check Survey
The Risk Check Survey encompasses the degree to which your firm provides comprehensive policies, programs, and training focused on protecting your organization.
Date
*
MM slash DD slash YYYY
Organization Name
*
Person Completing Survey
*
Title
*
Phone
*
Email
*
Rate the effectiveness or success of the organization’s actions:
1. To what degree do your organization’s directors refrain from usurping business opportunities which the corporation is financially able to exploit?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
2. To what extent have all directors disclosed to the board, in writing, all potential conflicts of interest and given detailed disclosures for actual conflicts of interest?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
3. How effective is your organization at putting quality control procedures and policies in place?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
4. To what extent do your board members review written descriptions of each position’s responsibilities?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
5. To what degree does your organization’s board fully document the business reason for taking action that could adversely affect a minority of shareholders?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
6. If the board is defending against a hostile takeover, how effective is your board at fully documenting the business reasons for the actions?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
7. How would you rate your board’s ability to appoint a special litigation committee to ensure you resolve a shareholder demand without litigation successfully?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
8. To what extent does your board consult closely with an attorney if the corporation is near insolvency or if its authority has been suspended?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
9. If in bankruptcy, how effective is your board at continuing the due diligence or the winding up process and at continuing to document the business reasons for all decisions?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
10. How would you rate your directors at avoiding personal guaranties whenever possible?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
11. To what extent are your directors accurate in written representations to customers, competitors, and government agencies, retaining experts for advice before completing the documents?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
12. If the business provides customers high-exposure advice, how effective is your board at documenting all verbal warnings to the customer?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
13. To what degree does your organization consult closely with counsel when making decisions affecting employee benefits?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
14. If allowed by state law, to what extent will your board request shield and indemnification provisions in the articles of incorporation and bylaws for both directors and officers?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
15. How effective is your organization at obtaining Directors and Officers Liability Insurance?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
16. To what extent will board members be individually polled when completing warranty statements on insurance applications?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
17. If allowed by state law, to what degree does the board request shield and indemnification provisions in the articles of incorporation and bylaws for both directors and officers?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
18. How would you rate your organization’s review of the D&O and other liability policies with your organization’s insurance agent or broker to ensure maximum limits and coverage for internal claims?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
19. How effective is your board at promptly notifying counsel and insurers of outsider complaints that may lead to litigation when appropriate?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
20. To what degree does your organization ask in-house or outside counsel to provide a periodic “preventive maintenance” review of claim-prevention procedures?
*
N/A
INEFFECTIVE
MARGINALLY EFFECTIVE
MODERATELY EFFECTIVE
EFFECTIVE
HIGHLY EFFECTIVE
Δ