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 HB 191 (AI clinician licensure ban) · Enacted (not yet in effect)
• 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

Related government use of AI rules elsewhere

• CA EO N-6-26 (AI Workforce) · In effect
• WA SB 5982 (Data Center / Clean Energy) · In effect
• Arkansas public entity AI/ADS policy mandate (Act 848, 2025) · In effect
• One-year moratorium on data center development (Inver Grove Heights MN) · In effect
• FERC order directing PJM and other grid operators to reform · Enacted (not yet in effect)
• San Marcos citywide data center ban (Land Use Matrix amendme · In effect