Liquid democracy is a few seasons from the main stage, and even with the incumbent new houses violently waking up to the smelling salts this week, crypto twitter is still reporting out in front of the rulemakers. Godspeed, stay the course and innovate. It’s still early. A few comments regarding the policy landscape from the last few days.
In other recent news that stuck recently, Tether's founding team seems to be less than pedigreed possibly permanently tipping the hat to USDC/DAI and accelerating attention on the Olympus DAOs of the world. Europe latching onto FATF's recommendations, which normally wouldn't be news given the US's reticence to do so in recent years, but the level of reporting would force some sort of overlap with the US.
Senate Banking Committee on Crypto from Tuesday - Quick color and comments, so please excuse typos, quick hand, and format:
*Note, this does not constitute legal, accounting, or tax advice of any kind and should not be relied upon as such. Opinions are my own and are for discussion purposes only. This does not represent the views of Decentral Park Capital or its affiliates.
DISCLAIMER: This does not constitute legal, tax, or accounting advice of any kind and should not be relied upon as such. All links are open source and property of the respective creator, not the author of this material. This is for discussion purposes only. You should consult your own legal counsel and independent advisors with respect to any and all matters. The ideas and concepts are presented here by the author and are views of his own and not that of any other person or entity.
Although the material contained in this material was prepared based on information from public and private sources that the author believes to be reliable, no representation, warranty or undertaking, stated or implied, is given as to the accuracy of the information contained herein, and the author who prepared this material and the information herein expressly disclaim any liability for the accuracy and completeness of information contained in this material.
This material is distributed for general informational and educational purposes only and is not intended to constitute investment advice. The information, opinions and views contained herein have not been tailored to the investment objectives of any one individual, are current only as of the date hereof and may be subject to change at any time without prior notice. Nothing contained in this material should be construed as investment advice. Any reference to an asset’s past or potential performance is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome or profit.
Any ideas or strategies discussed herein should not be undertaken by any individual without prior consultation with a financial professional for the purpose of assessing whether the ideas or strategies that are discussed are suitable to you based on your own personal objectives, needs and risk tolerance. The author who prepared this material and the information herein expressly disclaims any liability or loss incurred by any person who acts on the information, ideas or strategies discussed herein.
The information contained herein is not, and shall not constitute an offer to sell, a solicitation of an offer to buy or an offer to purchase any assets or securities, nor should it be deemed to be an offer, or a solicitation of an offer, to purchase or sell any investment product or service.
[AUTHOR’S NOTE - Decentralization is a good thing. The evolution of DAOs is a good thing. Collective human behavior and decision making is evolving at a rapid pace and is positively correlated to the rate of Web 3.0 innovations.]
DAOs are exiting the aircraft, and prices may follow - Refusing seatbelts and their traditional wrapped-DAO structures, brand name DAOs are transitioning to statelessness at a rapid pace. This is extremely relevant to founders in the race to decentralization. As DAOs and member bases expand and decentralize, moving to Web 3.0 statelessness becomes inevitable. However, there are inherent drawbacks including founder / team liability protection issues, access to service providers and lack of ability to pass KYC in statelessness, general partnership treatment and liability to the team and founders, treasury management approaches etc. Data shows that actual DAO governance participation is in the low single digits, where VCs and whales sway the vote. MakerDAO (DAI) did so over the last few months, and this structure is becoming more commonly discussed across CT, so anticipating this and relative price impact on governance tokens through the process should be top of mind.
Privacy toolbox for founders - With regulation inbound, tipping the hat towards the burning regulatory sun, and meeting compliance somewhere in the middle, will become an increasingly important topic for founders. Permissionless and now permissioned solutions are coming to market quickly (think Plaid for DeFi KYC) and user profile reputation protocols are a novel approach.
M&A, means, well, scrutiny - First fully coin-to-coin merger complete! Excited to see where this goes from a scrutiny standpoint, but expect this to be precedential in both structure and fallout (good and bad). Pay less attention to the fact that these layer 2s are landing softer than anticipated, and more so to this kicking off a flurry of coin-to-coin mergers (or C2C M&A - proprietary terminology, you are hearing it here first) and the tax and regulatory journey that follows.
Overall - Regulation is good and guard rails are necessary and will move to the center over time. Market sentiment will be polar in the near and medium term (through 2024+) and necessarily unpleasant during that time for most. This is where dedication to the long view and core focus captures value as the regulatory process unfolds. Garlinghouse is pumped, and Wells Fargo is committed, finally (important given market best AUM).
*Note, this does not constitute legal, accounting, or tax advice of any kind and should not be relied upon as such. Opinions are my own and are for discussion purposes only. This does not represent the views of Decentral Park Capital or its affiliates.
DISCLAIMER: This does not constitute legal, tax, or accounting advice of any kind and should not be relied upon as such. All links are open source and property of the respective creator, not the author of this material. This is for discussion purposes only. You should consult your own legal counsel and independent advisors with respect to any and all matters. The ideas and concepts are presented here by the author and are views of his own and not that of any other person or entity.
Although the material contained in this material was prepared based on information from public and private sources that the author believes to be reliable, no representation, warranty or undertaking, stated or implied, is given as to the accuracy of the information contained herein, and the author who prepared this material and the information herein expressly disclaim any liability for the accuracy and completeness of information contained in this material.
This material is distributed for general informational and educational purposes only and is not intended to constitute investment advice. The information, opinions and views contained herein have not been tailored to the investment objectives of any one individual, are current only as of the date hereof and may be subject to change at any time without prior notice. Nothing contained in this material should be construed as investment advice. Any reference to an asset’s past or potential performance is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome or profit.
Any ideas or strategies discussed herein should not be undertaken by any individual without prior consultation with a financial professional for the purpose of assessing whether the ideas or strategies that are discussed are suitable to you based on your own personal objectives, needs and risk tolerance. The author who prepared this material and the information herein expressly disclaims any liability or loss incurred by any person who acts on the information, ideas or strategies discussed herein.
The information contained herein is not, and shall not constitute an offer to sell, a solicitation of an offer to buy or an offer to purchase any assets or securities, nor should it be deemed to be an offer, or a solicitation of an offer, to purchase or sell any investment product or service.
[AUTHOR’S NOTE - Decentralization is a good thing. The evolution of DAOs is a good thing. Collective human behavior and decision making is evolving at a rapid pace and is positively correlated to the rate of Web 3.0 innovations.]
Decentralization and statelessness are increasingly becoming priorities for founders and communities across the ecosystem as an approach to hedge away from the reach of the Howey Test. There is a lot of focus on the four prongs of Howey and implications with respect to tokens, and rightfully so. The test's prongs embody an expansive web of concepts that regulators can use and employ in scrutinizing protocols. However, focusing on Howey limits founding teams from seeing the field, so to speak. These conversations are accelerating across the legal community and with founding teams, so it is appropriate to explore a hasty framework and approach below to address decentralization and identify a few regulatory concerns for founding teams:
A Layer Deeper - Legal Theories and Prophylactic (preventative) Devices
*Note, this does not constitute legal, accounting, or tax advice of any kind and should not be relied upon as such. Opinions are my own and are for discussion purposes only. This does not represent the views of Decentral Park Capital or its affiliates.
DISCLAIMER: This does not constitute legal, tax, or accounting advice of any kind and should not be relied upon as such. All links are open source and property of the respective creator, not the author of this material. This is for discussion purposes only. You should consult your own legal counsel and independent advisors with respect to any and all matters. The ideas and concepts are presented here by the author and are views of his own and not that of any other person or entity.
Although the material contained in this material was prepared based on information from public and private sources that the author believes to be reliable, no representation, warranty or undertaking, stated or implied, is given as to the accuracy of the information contained herein, and the author who prepared this material and the information herein expressly disclaim any liability for the accuracy and completeness of information contained in this material.
This material is distributed for general informational and educational purposes only and is not intended to constitute investment advice. The information, opinions and views contained herein have not been tailored to the investment objectives of any one individual, are current only as of the date hereof and may be subject to change at any time without prior notice. Nothing contained in this material should be construed as investment advice. Any reference to an asset’s past or potential performance is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome or profit.
Any ideas or strategies discussed herein should not be undertaken by any individual without prior consultation with a financial professional for the purpose of assessing whether the ideas or strategies that are discussed are suitable to you based on your own personal objectives, needs and risk tolerance. The author who prepared this material and the information herein expressly disclaims any liability or loss incurred by any person who acts on the information, ideas or strategies discussed herein.
The information contained herein is not, and shall not constitute an offer to sell, a solicitation of an offer to buy or an offer to purchase any assets or securities, nor should it be deemed to be an offer, or a solicitation of an offer, to purchase or sell any investment product or service.
Top US Trends - Expect some regulatory pull back along the way as ETH climbs to ATH in Q4, even if it pulls DeFi with it; with derivatives, lending, and decentralized exchanges specifically experiencing possible asymmetric regulatory headwinds (signaled by SEC rhetoric, Infra Bill and Budget Amendment tax reporting expansion). As SEC and CFTC continue to ramp up rhetoric and vie for regulatory scope and influence, expect an acceleration of legislating-by-enforcement action in the next 90-120 days, coupled with the Treasury Department aggressively touting a tax reporting/revenue capture agenda which could affect exchange flows. Dialogue will ensue around proposed legislation after the passing of the Infra Bill in early October, and will take shape towards the end of the year and early 2022 as legislators return to engage in public discourse. Good outcome here will be when the narrative starts to bring agency regulation by enforcement (SEC/CFTC) back to the center over the long term.
Global Regulatory - Primary non-Western economies are accelerating CBDC clearing and settlement trials in a show of support and adoption for global CBDC and stablecoin adoption. Look to see how, and on which side, these countries incorporate private stablecoins into the feedback loop. If positive, this will put increasing pressure on US / Europe to normalize negative stablecoin rhetoric and work on a global regulatory framework. Global economies are waking up in real time to the tax and revenue generation promised by pro-crypto regulation and national PoW mining mandates, indicating a rising toehold of crypto assets on certain sovereign balance sheets in Q1 2022. In a negative signal, traditional crypto tax havens are seeing small but increasing calls to action (via FATF) to participate in anti-fraud and money laundering investigations which could force increased KYC/AML regimes in traditionally low regulation jurisdictions.
Key
*Note, this does not constitute legal, accounting, or tax advice of any kind and should not be relied upon as such. Opinions are my own and are for discussion purposes only. This does not represent the views of Decentral Park Capital or its affiliates.
DISCLAIMER: This does not constitute legal, tax, or accounting advice of any kind and should not be relied upon as such. All links are open source and property of the respective creator, not the author of this material. This is for discussion purposes only. You should consult your own legal counsel and independent advisors with respect to any and all matters. The ideas and concepts are presented here by the author and are views of his own and not that of any other person or entity.
Although the material contained in this material was prepared based on information from public and private sources that the author believes to be reliable, no representation, warranty or undertaking, stated or implied, is given as to the accuracy of the information contained herein, and the author who prepared this material and the information herein expressly disclaim any liability for the accuracy and completeness of information contained in this material.
This material is distributed for general informational and educational purposes only and is not intended to constitute investment advice. The information, opinions and views contained herein have not been tailored to the investment objectives of any one individual, are current only as of the date hereof and may be subject to change at any time without prior notice. Nothing contained in this material should be construed as investment advice. Any reference to an asset’s past or potential performance is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome or profit.
Any ideas or strategies discussed herein should not be undertaken by any individual without prior consultation with a financial professional for the purpose of assessing whether the ideas or strategies that are discussed are suitable to you based on your own personal objectives, needs and risk tolerance. The author who prepared this material and the information herein expressly disclaims any liability or loss incurred by any person who acts on the information, ideas or strategies discussed herein.
The information contained herein is not, and shall not constitute an offer to sell, a solicitation of an offer to buy or an offer to purchase any assets or securities, nor should it be deemed to be an offer, or a solicitation of an offer, to purchase or sell any investment product or service.
[AUTHOR’S NOTE - Decentralization is a good thing. The evolution of DAOs is a good thing. Collective human behavior and decision making is evolving at a rapid pace and is positively correlated to the rate of Web 3.0 innovations.]
Macro Themes
Types & Considerations
1. Decentralized DeFi Tokens - There is a premium associated with decentralized (DAO) tokens evidenced by the active rotation of capital and tokens away from China, to the US, then to non US/EU based tokens and trading. Investing in blue chip tokens on 30-90 day time horizons that will receive capital flight? Invest in blue chip governance/decentralized tokens outside of US/EU? Most, if not all, DeFi protocols will convert to DAO tokens and where will this concentration and premium congregate?
2. Social Clubs and Communities - The DAO evolution started in DeFi and is evolving through NFTs and now social clubs. Supporting communities early from the ground floor will be key as DAO proliferation accelerates and draws revenue participation through coordination of work.
Social clubs and networks will drive network on network effects by driving participant reputation, DAO coordination, and serve as onramps into crypto.- Friends with Benefits raised $10M under a Treasury Diversification Proposal (similar to Sushi, Badger DAO, Lido, Seed Club).
3. Bounty and Guild Platforms - Coordination of work will be the value driver heading into 2022. DAOs that draw revenue from coordination of work through bounty programs and shape the work environment through benefits offerings will remove friction to the DAO employment model will create significant cash flow opportunities.
4. OrgTech = Composability + Interoperability – DAOs will continue to proliferate and create significant noise across ecosystems, creating a friendsy of coordination and confusion. This will force adoption and drive governance and utility token volatility, as well as treasury volumes.
Fantastic12 / itsOrg (see DAOBase) - Released a simplified DAO Launcher that lets anyone launch a DAOstack DAO in under 1 minute.
5. Treasury Management – Outsized and latent DAO treasuries will begin to allocate and perform as communities and protocols put them to work. This will provide an opportunity to take DAO positions and lever cash flow returns through participating in a DAO’s treasury allocation voting. The lack of treasury management protocols provide an opportunity for new entrants for incumbents to grab land (Gnosis, Llama).
6. Infrastructure DAOs (operating systems) – Infrastructure DAO tokens underperform (Aragon), but if/when they have a voice or governance access to the DAOs they support, there will be exponential network value. For example, Aragon on L1 does not control underlying DAOs, so if UNI uses Aragon, ANT would not trade there. The Relationship between AUM of Aragon is not correlated to the price of ANT. As protocols come to the center with respect to compliance, DAOs that boast compliance features (KYC/AML/reputation) will become exponentially valuable to the extent these cross communities and chains. Compare this to governance as capital - as a network becomes more valuable, the governance becomes more valuable - Fees/protocol revenues (does not get distributed to fee holders, can quite clearly see).
7. Integrating to the real world – Forward thinking jurisdictions are developing DAO-specific legal regimes, which are a step in the right direction albeit ineffective in the early stages. As DAOs continue to integrate into real world use cases, step up adoption will rapidly accelerate the use case as a challenger to the corporate form in the next 5 years.
Select References
*Note, this does not constitute legal, accounting, or tax advice of any kind and should not be relied upon as such. Opinions are my own and are for discussion purposes only. This does not represent the views of Decentral Park Capital or its affiliates.
DISCLAIMER: This does not constitute legal, tax, or accounting advice of any kind and should not be relied upon as such. All links are open source and property of the respective creator, not the author of this material. This is for discussion purposes only. You should consult your own legal counsel and independent advisors with respect to any and all matters. The ideas and concepts are presented here by the author and are views of his own and not that of any other person or entity.
Although the material contained in this material was prepared based on information from public and private sources that the author believes to be reliable, no representation, warranty or undertaking, stated or implied, is given as to the accuracy of the information contained herein, and the author who prepared this material and the information herein expressly disclaim any liability for the accuracy and completeness of information contained in this material.
This material is distributed for general informational and educational purposes only and is not intended to constitute investment advice. The information, opinions and views contained herein have not been tailored to the investment objectives of any one individual, are current only as of the date hereof and may be subject to change at any time without prior notice. Nothing contained in this material should be construed as investment advice. Any reference to an asset’s past or potential performance is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome or profit.
Any ideas or strategies discussed herein should not be undertaken by any individual without prior consultation with a financial professional for the purpose of assessing whether the ideas or strategies that are discussed are suitable to you based on your own personal objectives, needs and risk tolerance. The author who prepared this material and the information herein expressly disclaims any liability or loss incurred by any person who acts on the information, ideas or strategies discussed herein.
The information contained herein is not, and shall not constitute an offer to sell, a solicitation of an offer to buy or an offer to purchase any assets or securities, nor should it be deemed to be an offer, or a solicitation of an offer, to purchase or sell any investment product or service.