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meant to protect token holders, DAO members
the corporate veil of Cayman Foundations DAOs, meaning when they go to court the company is liable not the owners/ employees of the company as individuals, has been pierced in the United States multiple times in the past 2 years
what this means is that if, and yes it’s an if but a big one given the consequences, a lawsuit or gov enforcement action happens, individual DAO members can be held liable and pursued. at that point your anonymity is as good as your OpSec vs the discovery process and/or a government agent’s ability to crack it
DUNAs, and any form of Non-Profit company structure, also insulate against the tokens = equity argument because there is no beneficial ownership/ profit sharing in Non-Profits. this makes Pro-Rata claims to the treasury effectively illegal though, so a refund mechanism like this is the workaround
imo we shouldn’t assume auctions will stay where they are, have said i think the 4 year window is WAY too long 1 reply
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to add to this:
right now the Foundation owns the GitHub but doesn’t explicitly own/wrap/claim liability for the treasury and the DAO members
the core issue with Caymans Foundations is they are inherently centralized as the Foundation has a Board and has the freedom to act outside of the will of the DAO
even if veto and fork were removed, that issue isn’t fixed.
the options being considered were:
a) further centralize by explicitly wrapping everything under the Caymans Foundation, tokens = equity
b) a different entity, maybe UAE Foundation or DAO LLC, where again, tokens = equity. the securities question is clear at least but not great. liability for token holders at least but not great for a DAO that does grants for tech, art, charitable impact, etc.
c) wind it up. send it to zero. let the chips fall where they may
d) the DUNA, or an UNA like Builder DAO.
after the Foundation’s consults/ advisors met with Miles Jennings, who helped write the DUNA law, DUNA seemed to be the best course 1 reply
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