Decentralized Autonomous Organizations will soon have a home in UAE ADGM
UAE Abu Dhabi Global Market’s registration authority is
seeking to develop regulations for DLT ( Distributed Ledger Technology)
decentralized autonomous organizations and has started with the issuance of a consultation
paper seeking replies before May 12th 2023.
For the proposed Distributed Ledger Technology Foundations
Regulations 2023, ADGM is seeking public feedback and comments on the proposed
new legislative framework for foundations that facilitate Distributed Ledger
Technology (DLT) and token issuance (DLT Foundations).
As per the announcement, the Consultation Paper is of
interest to any persons operating or planning DLT projects, persons engaging in
digital asset related activities and their legal advisors, as well as DLT
industry participants, associations, and stakeholders.
The RA’s key proposals for the Distributed Ledger Technology
Foundations Regulations cover: the structure of the DLT Foundations; governance
and control; tokens; reporting, disclosures and publication; beneficial
ownership; supervision; insolvency and liquidation / voluntary strike off.
This new legislative framework showcases ADGM RA’s
recognition of the overall suitability of foundation structures for DLT
projects, and the RA’s alignment with ADGM’s strategy to facilitate and support
crypto initiatives.
ADGM had received interest concerning the use of ADGM
foundations for DLT purposes and the issuance of non-regulated utility tokens.
However, whilst foundations are inherently well suited to DLT projects, there
are certain features and requirements within ADGM’s current foundations regimes
that impose constraints that are not desirable for DLT projects.
The ADGM registration authority, recognizing the overall
suitability of foundation structures for DLT projects, seeks to facilitate and
support crypto initiatives, as such decided to prepare a new legislative
framework to cater for DLT projects and token issuance.
Decentralization is a core principle of many DLT projects,
which prizes the transfer of authority and control away from centralized
entities or groups to a distributed network of project participants. The
perceived advantages of decentralization are rooted in this idea of decentralized
governance, which its advocates believe promises a number of benefits,
including more equitable ownership and value distribution among stakeholders,
insulation from the vested interests of particular individuals or groups,
reduced risk of censorship, and greater diversity.
So for these kinds of DLT projects, the concept of the “decentralized
autonomous organization” (DAO) has emerged as the ideal-type governance
structure.
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