Establishing Corporate Structure for a DAO

Cheers Finance
4 min readJan 13, 2023

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Decentralized Autonomous Organizations, or DAOs, are a new type of business structure that utilizes blockchain technology and smart contracts to govern operations and decision-making. While the concept of a DAO may seem intimidating to those unfamiliar with it, the process of setting up a corporate structure for a DAO can be relatively straightforward with the right guidance. In this article, we’ll explore the key considerations for establishing a corporate structure for a DAO.

Approaches

Setting up a legal corporate structure for a DAO can be a complex and challenging process, as DAOs are relatively new and novel entities that do not necessarily fit neatly into existing legal frameworks. There are a few different approaches that can potentially be used to set up a legal corporate structure for a DAO, including the following:

  • Forming a traditional corporation: One option for setting up a legal corporate structure for a DAO is to form a traditional corporation, such as a limited liability company (LLC) or a corporation (Inc.). This could potentially provide the DAO with some legal protections and benefits, such as limited liability for the members and the ability to raise capital through the sale of equity or debt. However, this approach could also create challenges, such as the need to comply with complex legal and regulatory requirements, and the potential for centralization and lack of alignment with the decentralized and autonomous nature of the DAO.
  • Using a decentralized organization framework: Another option for setting up a legal corporate structure for a DAO is to use a decentralized organization framework, such as the Aragon Network or the MolochDAO. These frameworks provide pre-built smart contract templates and other tools that can be used to create and manage a DAO, and can potentially provide some legal protections and benefits for the DAO and its members. However, this approach could also create challenges, such as the need to comply with the specific rules and governance of the framework, and the potential for the framework to be subject to legal challenges or changes in the future.
  • Creating a new legal entity: A third option for setting up a legal corporate structure for a DAO is to create a new legal entity that is specifically designed to accommodate the unique characteristics of a DAO. This could potentially provide the DAO with more flexibility and control over its legal structure and operations, but it could also require significant legal expertise and resources to develop and implement. It is worth noting that this approach is still in the early stages of development, and there is currently no widely-accepted legal entity specifically designed for DAOs.

Overall, there are several different approaches that can potentially be used to set up corporate structure for a DAO. Which option a DAO pursues will depend on the DAO’s specific goals and opportunities available in the market.

Costs

It is difficult to provide a precise estimate for the cost of establishing a corporate structure for a decentralized entertainment company operating as a DAO, as the cost can vary depending on a number of factors. Some of the key factors that can impact the cost of establishing a corporate structure for a DAO include the following:

  • The legal structure and jurisdiction: The cost of establishing a corporate structure for a DAO can vary depending on the specific legal structure and jurisdiction that is chosen. For example, forming a traditional corporation in the United States may require legal fees and other costs, such as filing fees and registration fees, while using a decentralized organization framework may have different costs and requirements.
  • The complexity and scope of the DAO: The cost of establishing a corporate structure for a DAO can also vary depending on the complexity and scope of the DAO. A simple and straightforward DAO with a limited number of members and activities may have lower costs than a more complex and ambitious DAO with a large and diverse membership and a wide range of activities and operations.
  • The legal and regulatory environment: The cost of establishing a corporate structure for a DAO can also be influenced by the legal and regulatory environment in which the DAO operates. In some jurisdictions, there may be specific laws and regulations that apply to DAOs and other decentralized organizations, and compliance with these laws and regulations can require additional legal and compliance costs.

Overall, the cost of establishing a corporate structure for a DAO can vary depending on a number of factors, and it is difficult to provide a precise estimate without more information about the specific DAO and its goals, activities, and operating environment. It may be helpful to consult with a lawyer or other legal professional who has experience with DAOs and decentralized organizations to get a better understanding of the costs and requirements involved in establishing a corporate structure for a DAO.

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Cheers Finance

Empowering communities through decentralized entertainment. Breaking up monopolies & bringing power back to the fans.