W

yoming has traditionally been on the forefront of fostering innovation in the cryptocurrency industry within the United States. In its latest move, the state passed groundbreaking legislation this month recognizing Decentralized Autonomous Organizations (DAOs) as legal entities. 

The new law, called the Decentralized Unincorporated Nonprofit Association Act, provides much needed clarity around the legal structure and tax treatment of these blockchain-based organizations. DAOs utilize decentralized governance where members vote on decisions using tokens. However, the lack of a clear framework had deterred many from setting up DAOs in Wyoming.

Providing Legal Certainty for DAOs

The legislation establishes DAOs as unincorporated nonprofit associations instead of treating them as traditional LLCs. This provides legal personhood allowing DAOs to enter into contracts, own assets, sue and be sued. Similarly, it grants limited liability protecting individual members from the actions of the DAO. 

Importantly, the law also addresses how DAOs will be taxed. By classifying them as unincorporated nonprofits, it provides consistency around applicable taxes and generates revenue for the state. The act further aims to address ongoing regulatory concerns around whether tokens within DAOs constitute securities.

Boost for Blockchain Industry

With its pro-crypto stance, Wyoming has attracted major blockchain and cryptocurrency companies like Anthropic, Kraken and Binance.US to set up operations. The new DAO legislation is expected to accelerate this growth.

Venture capital firm a16z crypto, an early supporter of the bill, plans to work with its portfolio firms to adopt the legal structure. This will give DAOs the safeguards to scale freely within the thriving Wyoming blockchain ecosystem. 

Adopting the Structure

Getting existing DAOs to comply with the new legal framework may prove challenging according to some industry experts. Many self-governed DAOs espouse an anti-establishment ethos and may resist governmental oversight. 

However, the nonprofit model was carefully designed to not infringe on the decentralized nature of DAO operations. Furthermore, legal recognition provides DAOs legitimacy needed to attract mainstream community members and partners.

VCs like a16z crypto aim to incentivize compliance by making it a prerequisite for financing future DAO projects. Over time, as DAOs recognize the advantages of the structure, more are expected to willingly adopt it.

Leading the Way in the US

With limited progress on a comprehensive national blockchain law, individual states have led innovation in the US. With the DAO legislation, Wyoming strengthened its first-mover advantage over competitors like Colorado.

The Governor stated it builds upon existing crypto-friendly statutes to maintain Wyoming's prominence as the "Crypto Capital" of America. Industry watchers say the bipartisan support for blockchain shows Wyoming's commitment to technology-focused economic development.

Several legal experts highlighted how the model established in Wyoming could inspire other jurisdictions grappling with DAO regulation worldwide. As decentralized technologies become mainstream, establishing updated legal frameworks will be critical for continued growth.

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