This Spotlight article argues that a Decentralised Autonomous Organisation (DAO) ought to be regarded as having a constitutive law; that the rule of private international law to ascertain the constitutive law should be that it is the law with which the DAO has the closest and most real connection, objectively determined at the time of its creation; and that if English law is the constitutive law, a DAO should be held to be an unincorporated company (ie a species of large partnership).
1 MAR 2022