Delaware — AG Jennings Completes Review of OpenAI Recapitalization (Statement of No Objection with Governance Commitments)

Exercising Delaware's charitable/nonprofit oversight authority over OpenAI, Inc. (a Delaware nonprofit), AG Kathy Jennings issued a Statement of No Objection to OpenAI's recapitalization only after securing binding commitments keeping the nonprofit in control of the new public benefit corporation and prioritizing AI safety over financial interests.

Technical detail

Exercising Delaware's charitable/nonprofit oversight authority over OpenAI, Inc. (a Delaware nonprofit), AG Kathy Jennings issued a Statement of No Objection to OpenAI's recapitalization only after securing binding commitments keeping the nonprofit in control of the new public benefit corporation and prioritizing AI safety over financial interests.

Who is protected: Residents interacting with state government AI systems; public-sector data subjects.

Who must comply: OpenAI, Inc. (and its public benefit corporation), a Delaware nonprofit corporation subject to the Attorney General's charitable-oversight authority.

Key facts

More AI rules in Delaware

• Delaware Privacy Law (DPDPA) · In effect
• Delaware Election Deepfake Law · In effect
• Delaware AI Commission Act (government AI inventory) · In effect
• Delaware Deepfake Intimate-Images Act · In effect
• Delaware AI Medical-Titles Ban (no AI 'doctors') · In effect
• Delaware HB 191 (AI clinician licensure ban) · Enacted (not yet in effect)

Related government use of AI rules elsewhere

• Office of Artificial Intelligence Oversight · Proposed / pending
• AI Gendered Impact Assessment + Interagency Taskforce · Proposed / pending
• NYC resolution urging NY State to pass Advanced AI Licensing Act (A.3356) · Status unknown
• Emergency 365-day moratorium on new data centers (>20 MVA) · In effect
• Resolution setting Seattle data-center impact-study framework · In effect
• Six-month moratorium on data centers >350,000 sq ft (Minneapolis) · In effect