Adoption of the federal Jumpstart Our Business Startups (JOBS) Act gives new companies easier access to capital from the general investing public—but also presents liability exposures that D&O insurers do not yet fully understand, says a report from Marsh.

The New York-based insurance broker and subsidiary of Marsh & McLennan Cos. released a report titled “D&O Liability Insurance Implications of the JOBS Act,” which notes that the act makes three fundamental changes to existing securities laws and regulations governing how emerging public and private companies raise cash.

The law affects emerging-growth companies—defined as companies with less than $1 billion in revenue. The law gives such a business more latitude to “test the waters with both the Securities and Exchange Commission and potential investors about [its] initial public offering prospects” before the company makes its finances and other internal information available to the general public, according to Marsh.

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