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Swiss Foundation as the DAO Legal Wrapper

Updated: Mar 8, 2023

With its renowned regulation, banking, and corporate services, as well as a flexible legal framework, Switzerland is an ideal choice for those seeking to establish their DAO. However, this option comes with one major downside: cost. Establishing and maintaining your organization through the Swiss Foundation may be prohibitively expensive compared to other jurisdictions.


Pros and Cons


Switzerland boasts impressive benefits as a jurisdiction for decentralized autonomous organizations (DAOs). Its existing legal framework - comprised of the Swiss Code of Obligations and Civil Code - provides an ideal setting to set up these operations. The country's approach towards applying general regulations means they are equipped to handle challenges unique to this type of organization.

Benefits: Switzerland offers a uniquely flexible legal system that allows for an extensive range of economic opportunities, including cooperation with over 240 banks and secure investment. Its reputation as one of the top crypto hubs worldwide has attracted major players to set up their foundations there - making it also attractive for investors due in part to limiting personal liability granted by establishing individual legal personality via Swiss foundation structures.

Difficulties. Establishing a Swiss foundation for your DAO Legal Wrapper may be unnecessarily complicated and expensive. The foundation must appoint a local director and provide an initial capital amount of 50,000 CHF. Furthermore - once established - amending the constitutional documents is quite challenging due to bureaucratic red tape; even document translation can come into play depending on which canton you're located in.

More details about the Swiss Foundation

To ensure your foundation's success and compliance with the law, it is essential to define its purpose in advance. The government will regulate activities you take to achieve this goal, so please be aware of their restrictions before undertaking any action - e.g., using an endowment only towards one cause instead of multiple causes or investing project funds in unrelated ventures. With a clear mission statement established from the outset, there are no limits on what your foundation may accomplish.


The foundation has been officially documented in the commercial register, allowing considerable flexibility to establish its DAO governance structure. Its charter will define how it is governed and operated, providing a secure basis for the efficient administration of activities.


With the relevant legislative framework in place, a standard structure of DAO enables members to partake in decisions regarding administering and governing bodies within its charter. These rules are further clarified by prescribed rights and voting powers among members and set out by constitutional documents and smart contracts.


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DISCLAIMER: The information provided is not legal, tax, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. The information provided is for general educational purposes only and is not investment advice. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information. Any action taken based on the information discussed should be reviewed with a professional. The author is not liable for any loss from acting on the information discussed.

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