On October 17, 2016, it entered into force to circulate n. 541 of SUSEP, which regulates civil liability insurance of directors and administrators of legal persons, called RC D & O, which was generally regulated by the standards applicable to civil liability insurance, and based on clauses from abroad.

The RC D & O insurance should be hired by the legal entity for the benefit of individuals who (or their subsidiaries and affiliates) exercise, to exercise or have exercised positions of administration, management and executives, as a result of appointment, Election or contract of employment. The legal entity, therefore, is the borrowing of the contract, and its directors and administrators are the insured.

Through that contract, the insurance company guarantees the insuredees - when liable for damages caused to third parties as a result of illicit acts practiced in the exercise of the functions for which compensations are required to pay, by way of repair, either as a result of a judicial sentence carried out in judgment, arbitral judgment or according to undermined third parties. In the latter case, there must be the consent of the insurer contracted.

The impact of the circular n. SUSEP 541 in the insurance market goes beyond the normatization of several concepts that were not regulated before. The main aspect of the new regulation was the express prediction of the possibility of hiring covering covers fines and contractual penalties imposed on the insured.

Before the publication of the normative in comment, the insurance companies were reluctant to ensure coverage covering fines and contractual penalties, since the Susep itself, a municipality responsible for the supervision of the market, understood that this type of insurance canceled the character penalties.

The rule that regulates RC D & O insurance awaited some time by the insurance market and is an important advance in the current scenario of the Brazilian market, with a view to the significant emergence of compliance and anti-corruption standards, and the increasing research conducted by the Brazilian authorities involving companies administrators.