Can a DAO be required to appoint a corporate secretary or other officers?

Select jurisdiction

Germany

Currently not. The legal form of the DAO is still largely unclear. There is much to suggest that German civil law would currently classify the DAO as a “Gesellschaft bürgerlichen Rechts” (GbR). Other constellations are conceivable.

A GbR, on the other hand, cannot be required to employ a secretary or other office bearer.

Phil Hamacher

Insolvency, Tax, Crypto, DAO

Italy

To date, there are no laws or regulations regarding the legal status of DAOs; therefore, no specific corporate offices are provided as mandatory other than those eventually decided by the founders/members of a DAO and set forth within the applicable smart contract.

Lydia Mendola

IP lawyer