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

Select jurisdiction

  • Germany
  • Italy


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


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

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