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ARTICLE · 20 MAY 2024

Breaking The Corporate Form – The Continuing Evolution Of Decentralised Digital Governance Structures

Many jurisdictions have introduced or are introducing formal structures for the regulation and governance of decentralised autonomous organisations (DAOs).

BermudaCorporate/Commercial Law

Many jurisdictions have introduced or are introducing formal structures for the regulation and governance of decentralised autonomous organisations (DAOs). This new type of vehicle, involving decentralised governance conducted on blockchain or distributed ledgers, however, has proved a challenge for legislators and regulators.

Since the launch of the original DAO (Decentralised Autonomous Organisation) in 20161, there have been a proliferation of DAO structures established with a focus in sectors including DeFi as well as arts and culture. According to analytics service DeepDAO there were in early March 22, 274 DAOs live holding over $40 billion in treasury assets2.

While the flexibility of governance models of DAOs – which can comprise a mixture of contractual provisions, code (including smart contracts and protocol arrangements) as well as administrative arrangements, has made them popular with developers, DAOs have proved more challenging from a legal

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