(1) In the case of a failure event, legal personality and limited liability are maintained to the extent necessary to protect decentralized autonomous organization members and participants from personal liability.

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Terms Used In Utah Code 48-5-405

  • Decentralized: means that decision-making is distributed among multiple persons. See Utah Code 48-5-101
  • Decentralized autonomous organization: means an organization:
         (6)(a) created by one or more smart contracts;
         (6)(b) that implements rules enabling individuals to coordinate for decentralized governance of an organization; and
         (6)(c) that is an entity formed under this chapter. See Utah Code 48-5-101
  • Failure event: means an error in the decentralized autonomous organization's software code or an exploit that:
         (10)(a) renders the decentralized autonomous organization inoperative; or
         (10)(b) fundamentally changes the expected operation of the decentralized autonomous organization. See Utah Code 48-5-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
(2) A failure event may trigger liability on the person deploying or upgrading the decentralized autonomous organization if that person:

     (2)(a) acted in bad faith; or
     (2)(b) engaged in gross negligence.