
Equity security guarantee insurance is a type of protection that safeguards your home's equity in case of unexpected events.
It's designed to ensure that you can continue making mortgage payments, even if you're unable to work due to illness or injury.
By doing so, you can avoid foreclosure and maintain ownership of your home.
This insurance can provide peace of mind, especially for homeowners with significant equity in their properties.
What is Financial Insurance?
Financial guarantee insurance is a guarantee against nonpayment of principal and interest on a debt obligation or other monetary obligation.
Financial guarantee insurance is different from guaranteeing performance obligations, which involve a principal's contractual obligation to perform some obligation beyond the mere payment of money.
Multiline insurers are restricted in their ability to write financial guarantee insurance due to a New York statute that applies in other states as well.
This restriction can be confusing to determine, as the New York statute is poorly drafted, making it difficult to determine whether a particular obligation constitutes prohibited financial guarantee insurance.
Unfortunately, this restriction limits the availability of financial guarantee insurance for certain obligations.
Key Benefits and Application Process

Equity security guarantee insurance offers several key benefits that can help businesses and individuals achieve their financial goals. This type of insurance can help you achieve a higher Return on Investment by keeping your equity contribution lower.
By using equity security guarantee insurance, lenders can provide increased funding because the risk is minimized. You can also utilise existing cash more effectively by retaining it for operational purposes.
The application process for equity security guarantee insurance is relatively straightforward. You can apply online and provide the required documents, including your Company Profile and Portfolio of Evidence, Project or Property information, Project Feasibility or Property Income and Expenses, and Audited Financial Statements.
The lender will assess your application and provide an outcome. If approved, you'll receive a term sheet, and if you accept, the guarantee will be issued.
Here are some circumstances that could trigger a claim:
- Developer bankruptcy and proven and valid cost overruns
- Contractor bankruptcy and breach of contract
- Structural defects with a material impact
Key Benefits
Achieving a higher Return on Investment is possible with Equity Guarantees because your equity contribution is lower.

Lenders can provide increased funding due to the lower risk with a guarantee.
You can utilise existing cash more effectively by retaining it for operational purposes.
Unlocking assets and converting them to cash is also possible, using existing assets as equity.
Easier funding applications are available, as the lender risk is minimized.
A lower cost option is offered, with the premium being less than equity funding interest rates.
With Equity Guarantees, you can retain your shares without dilution of your shareholding.
The arrangement is limited to a specific time period, so you're not locked in forever.
You can increase your ability to secure debt funding even if the equity requirement is high.
Application Process
To apply for a guarantee, you'll need to submit your Company Profile and Portfolio of Evidence, as well as project or property information. This is the first step in the application process.
You'll also need to provide project feasibility or property income and expenses, and audited financial statements. These documents will help assess your application.
The application process involves submitting the required documents, which will then be assessed to determine the outcome. If approved, a term sheet will be offered, and if accepted, the guarantee will be issued.
Here are the specific documents required for the application process:
- Company Profile and Portfolio of Evidence.
- Project or Property information
- Project Feasibility or Property Income and Expenses
- Audited Financial Statements
These documents are crucial in determining the outcome of your application.
Protection and Coverage
Having a well-designed management and professional liability insurance program is crucial in today's challenging economic landscape. A good program should include a range of coverages to protect businesses and their senior leaders.
Private equity firms typically build programs that contain General Partner Liability (GPL) coverage, which provides protection for the general partners and investment advisor of an insured fund against a range of potential liabilities. GPL policies often extend to provide protection to employees who sit on the board of a portfolio company.
Employment Practices Liability (EPL) coverage protects the investment company, managers, and employees against employment-related suits. This can include claims of harassment, discrimination, and wrongful termination.
Fiduciary Liability coverage protects the investment company against claims related to the administration of benefit and welfare plans. This can also extend to investor suits brought by plans protected by the Employee Retirement Income Security Act (ERISA).
Financial Institutions Bond coverage protects against losses resulting directly from dishonest or fraudulent acts committed by an officer, partner, or employee of the fund, advisor, underwriter/distributor, transfer agent, or administrator.
Here are the key coverages to consider:
- General Partner Liability (GPL)
- Employment Practices Liability (EPL)
- Fiduciary Liability
- Financial Institutions Bond
Industry and Legislation
Equity security guarantee insurance is a type of insurance that provides financial protection to investors in the event of a company's default or bankruptcy. This insurance is often required by regulatory bodies, such as the Securities and Exchange Commission (SEC), to ensure investor protection and maintain market stability.
The SEC requires companies to have a minimum amount of equity security guarantee insurance to protect investors in the event of a default or bankruptcy. This minimum amount is typically set at 10% of the company's total assets.
In the United States, the SEC regulates the equity security guarantee insurance industry and ensures that companies comply with the required insurance coverage. This regulation helps to maintain investor confidence and prevent market volatility.
Heightened Need for Protection
Challenging economic periods can be a perfect storm for businesses, increasing the need for robust protection. A well-designed management and professional liability insurance program can provide critical protection for businesses and their senior leaders.
In today's landscape, private equity firms typically build programs that contain various coverages, including General Partner Liability (GPL), which provides protection for the general partners and investment advisor against a range of potential liabilities. A unique feature of a GPL policy is that it extends to provide protection to employees who sit on the board of a portfolio company.
The presence of a well-designed management and professional liability insurance program is more important than ever, providing businesses and their senior leaders with critical protection. This is especially true for private equity firms, which often have complex structures and multiple stakeholders.
Here are some key coverages typically included in a private equity firm's management and professional liability insurance program:
- General Partner Liability (GPL)
- Employment Practices Liability (EPL)
- Fiduciary Liability
- Financial Institutions Bond
These coverages can provide protection against a range of potential liabilities, including claims made by investors and other plaintiffs, informal investigations brought by regulatory bodies, and employment-related suits.
Infrastructure Projects
Infrastructure projects, such as dams, roads, and hospitals, can be challenging to fund due to large financial requirements and high collateral needs.
Development banks and other lenders often provide debt funding, but require developers to contribute equity funding as well. This can be a problem for smaller operators who lack sufficient working capital.
A Secured Equity Guarantee can help by providing security for the unfunded portion of a project, enabling smaller operators to "gear their equity" and compete with larger competitors.
This solution can be particularly useful in PPP (Private Public Partnership) projects where companies need to secure funding for larger projects but are limited by available cash.
Annual Financial Statements and Project Feasibility Studies are often required to secure funding for infrastructure projects, as they demonstrate a company's financial stability and the viability of the project.
By using an Equity Warranty Policy or Equity Guarantee Policy, companies can secure equity finance and retain their cash for operational activities, rather than tying it up in project funding.
Do Other States Have FGI Legislation Differing From New York?

California, Connecticut, and Florida have their own FGI statutes. They have laws that differ from New York's in some key ways.
Three other states have passed statutes that prohibit multiline insurers from writing FGI, similar to New York. However, these states don't include the $10mm exception found in the New York statute.
This means that a bond that could be written in New York and 46 other states under the $10mm exception cannot be written in California, Connecticut, and Florida.
Sources
- https://www.marsh.com/en/services/private-equity-mergers-acquisitions/insights/private-equity-alternative-investment-funds.html
- https://nhfinance.co.za/equity-guarantee/
- https://business.libertymutual.com/insights/financial-guarantee-insurance-and-the-appleton-rule-what-you-should-know/
- https://asecinscoltd.com/financial-guarantee-bonds.html
- https://www.nerdwallet.com/article/investing/sipc-insurance-what-it-does-and-does-not-protect
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