OpenAI moves to become a for-profit business after its $6.6 billion fundraising 

The company has entered early discussions with regulators in California and Delaware as it seeks to navigate this transition.

According to a Bloomberg report, sources familiar with the matter reveal that OpenAI is in preliminary conversations with the California attorney general’s office, discussing the complexities involved in changing its corporate structure.

A central focus of these discussions will be how OpenAI values its highly lucrative intellectual property, including its proprietary ChatGPT technology.

Delaware’s attorney general is also engaged, requesting detailed plans on the potential restructuring, according to a formal letter sent to OpenAI.

Originally established in 2015 as a non-profit organization with a mission to develop artificial intelligence for the greater good, OpenAI’s shift toward a for-profit model raises questions about maintaining its commitment to societal benefit.

However, OpenAI’s nonprofit board chairman, Bret Taylor, assured that the nonprofit would continue to play a significant role in any restructured entity.

“Any potential restructuring would ensure the nonprofit continues to exist and thrive, receiving full value for its current stake in the for-profit,” Taylor stated.

The regulatory process is expected to be intricate. Legal experts emphasize that California law requires the proper valuation of nonprofit assets and ensures these assets serve a charitable purpose.

Given OpenAI’s substantial intellectual property portfolio, this requirement could complicate the review.

“It’s not as simple as just turning off your nonprofit status. The value of those assets must be accounted for and directed appropriately,” explained Daren Shaver, a partner at Hanson Bridgett LLP.

Jason Kwon, OpenAI’s Chief Strategy Officer, informed staff in a September meeting that the restructuring would aim to preserve a nonprofit entity with a material stake in the for-profit company.

The exact percentage of this stake and how the assets are valued will be crucial elements in securing regulatory approval.

Earlier this year, even before the current regulatory discussions on changing the company’s status, billionaire Elon Musk had filed a lawsuit against OpenAi and the company’s co-founders, Sam Altman and Greg Brockman for turning the company into a profit-making venture.

According to the lawsuit, the founding agreement required OpenAI to make its technology “freely available” to the public.