Towards legal recognition of Decentralised Autonomous Organisations

Abstract: Decentralised Autonomous Organizations (DAOs) are a typical organisation form in the Web3 economy. DAOs are internet-native organisations that are coordinated and governed by pseudonymous community members through a nexus of blockchain-based digital assets and smart contracts. There is over US$26 billion locked in over 2,300 active DAOs globally. This article examines the legal recognition of DAOs in an Australian context. A recent Australian Senate Inquiry recommended DAOs be recognised as a distinct business structure. This article makes three contributions towards this goal: (1) critically evaluate options for DAO recognition under Australian law; (2) a comparative analysis of United States DAO laws; and (3) an analytical outline of the key design features of an Australian DAO law.

Author(s): Aaron M. Lane, Darcy W. E. Allen, Chris Berg

Journal: Australian Business Law Review

Vol: 52 Year: 2024 Pages: 96–116

Available at: Australian Business Law Review, June 2024 and working paper at SSRN.

Cite: Lane, Aaron M., Darcy W. E. Allen, and Chris Berg. “Towards Legal Recognition of Decentralised Autonomous Organisations.” Australian Business Law Review, vol. 52, 2024, pp. 96–116.

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