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True, if they comply with the requirements. I just wonder if DAOs, which typically have tokens available to any public purchaser, would fall into a category of
by jimkleiber 5y ago
True, if they comply with the requirements. I just wonder if DAOs, which typically have tokens available to any public purchaser, would fall into a category of securities and therefore public securities, which would violate maybe not the requirements of the business entity but other laws.
From what I understand, and I admittedly don't feel certain on this at all, LLCs are private entities where ownership can only be offered privately, not open to be sold on a public exchange, and many DAOs plan to sell their tokens on public exchanges.
Again, I think laws can change and personally think we need more global overarching governance to deal with internet interactions, yet think that some of these things are quite incompatible/contradictory to current law.
- freejazz 5y agoSecurities can be sold privately. To be sold publicly, a security must comply with state and federal securities regulations. If a DAO sells its securities publicly, that is fine so long as they comply with the relevant regulations. The relevant regulations typically make it impractical for a firm to sell their security publicly unless they are being listed on a stock exchange in an IPO. That might not be the case in a DAO. LLCs are just one business entity type and a DAO does not have to be an LLC.
- jimkleiber 5y agoYes they can be sold privately but only to accredited investors and a few other types, right? Also, to sell publicly, I'm pretty sure they need to register with the SEC, but unsure, do they have to list on a stock exchange?
- freejazz 5y agoThey don't have to list on a stock exchange, there is just no reason to comply with SEC public sec regs if you aren't going to because they are incredibly arduous. They can be sold privately in a bunch of different ways and not necessarily just to accredited investors depending upon how the investment is structured and who it is offered to.