Malta proposes DeFi rulebook covering DAOs under MiCA-era framework

The Maltese regulator is seeking industry feedback on a legal framework for software-governed organizations, arguing that many DeFi projects are not fully decentralized.

Malta’s financial regulator has issued a discussion paper outlining a potential legal framework for decentralized finance (DeFi), including recognition of decentralized autonomous organizations (DAOs), as European policymakers continue to grapple with how to regulate blockchain-based financial services.

On June 12, the Malta Financial Services Authority (MFSA) opened a public consultation on DeFi under the European Union’s Markets in Crypto-Assets (MiCA) regulation. The paper invites industry feedback through July 10 and proposes a new legal category for so-called “software-based organizations,” which would encompass DAOs and other software-governed DeFi entities.

Rather than treating DAOs as a standalone legal concept, the MFSA suggests recognizing them as a type of software-based organization, separating the legal framework governing the organization itself from the rules governing the underlying protocol and software.

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