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Decentralized Autonomous Organizations in the Legal Landscape: From Decentralized Governance to Legal Frontiers

Edited by: Florence Guillaume, Sven Riva

ISBN13: 9781035341610
Published: May 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £140.00



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This forward-looking book examines the concept and legal status of Decentralized Autonomous Organizations (DAOs). Based on blockchain technology, DAOs disrupt traditional thinking around corporate structure and organizational governance. This book explores the challenges posed by DAOs in both technological and legal perspectives and discuss how they are regulated across Europe and the USA.

Decentralized Autonomous Organizations in the Legal Landscape positions DAOs as the intersection between blockchain technology, legalities and company management. Chapters explore the law and regulation of DAOs across Europe and the USA, revealing which regions allow them to operate with the fewest restrictions. Adopting a multidisciplinary approach, leading experts analyze the role of the financial sector in the regulation of DAOs, considering how the digital and managerial structures of these organizations push entrepreneurial boundaries. The book engages with themes of autonomy and societal norms whilst providing a thought-provoking analysis of the role of artificial intelligence in innovating DAOs.

This insightful book is essential for legal professionals, researchers and policymakers engaging with DAO legislation and blockchain technology. Students and academics in law and technology, corporate law and organizational studies will also find this book to be a valuable resource.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
Preface
INTRODUCTION 1
1. Adapting the Legal Landscape for DAOs 2
Florence Guillaume

PART I DEFINING DECENTRALIZED AUTONOMOUS ORGANIZATIONS (DAOS)
2. Notion of DAO: transforming digital code into a legal entity 20
Florence Guillaume
3. Connecting worlds: reconciling DAOs and traditional organizations for better collective governance 53
Anne-Grace Kleczewski
4. The quest for appropriate regulation of DAOs 73
Sabine Van Haecke Lepic
5. The DAO between the Nation-State and the Network State 94
Filippo Zatti

PART II LEGAL CHALLENGES AND THE SWISS REGULATORY LANDSCAPE FOR DECENTRALIZED AUTONOMOUS ORGANIZATIONS (DAOS)
6. The DAO: from the first big cryptocurrency craze to a new era of legal frameworks 113
Florence Guillaume and Sven Riva
7. Is there a need for regulation of DAOs in Switzerland? 143
Rolf H. Weber
8. Incorporating DAOs in Switzerland 162
Michael Kunz and Kiril R. R. Haslebacher
9. Why DAOs choose Switzerland 182
Liburn Mehmetaj

PART III NAVIGATING DECENTRALIZED AUTONOMOUS ORGANIZATIONS (DAOS) WITHIN THE EUROPEAN UNION LEGAL FRAMEWORK
10. The regulation of DAOs from a French perspective 195
Marina Teller
11. DAOs under Portuguese Law: Current Framework and Perspectives for Future Regulation 211
António Garcia Rolo
12. The regulation of DAOs from a German perspective 228
Anja von Rosenstiel
13. Towards a European legal form for DAOs? 255
Florian Möslein and Daniel Ostrovski
14. DAOs and innovative regulation: reconciling corporate and blockchain-based organizational models 275
Madalena Perestrelo de Oliveira

PART IV THE DEGREES OF DECENTRALIZATION IN DECENTRALIZED AUTONOMOUS ORGANIZATIONS (DAOS)
15. Managing cross-border DeFi DAOs in the EU: legal complexities and regulatory perspectives 293
Biyan Mienert
16. A DAO regulatory mapping with application to a contestable control approach to DAO governance 311
Jeff Strnad
17. Integrating decentralized finance mechanisms with DAOs:decentralized exchanges between liquidity and autonomous governance 328
Claude Humbel

PART V THE FUTURE OF DECENTRALIZED AUTONOMOUS ORGANIZATIONS (DAOS)
18. AI-driven DAOs 348
Ori Shimony
19. DAOs by example 373
Joshua Tan