Notion of DAO: transforming digital code into a legal entity
Florence Guillaume
Chapter 2 in Decentralized Autonomous Organizations in the Legal Landscape, 2025, pp 20-52 from Edward Elgar Publishing
Abstract:
This chapter explores the transformation of a DAO from digital code into a legal entity similar to a company. This process requires an analysis of DAOs’ core components, revealing their multifaceted nature. While DAOs can be classified as companies, they do not fit neatly into any specific form. The applicable legal regime must therefore be determined on a case-by-case basis. Depending on the legal structure adopted, DAO members might benefit from a corporate shield, limiting their personal liability. The analysis shows that DAOs defy traditional company notions, embodying a more collective and distributed form of management where community members both own and participate in decision-making. Given their unique characteristics, significant reforms in corporate law are necessary for States to integrate DAOs into their legal systems. The chapter details the process of transforming a DAO into a legal concept, from establishing its connection to a State's legal system to its integration within that legal framework.
Keywords: Decentralized Autonomous Organization (DAO); Concept of DAO; Legal personality; Legal status; DAO legal wrappers; (un)regulated DAOs (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035341610
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