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The Delaware Department of Justice issued a letter to OpenAI, Inc. dated 28 October 2025 setting out the conditions under which the Attorney General would not object to OpenAI, Inc.’s recapitalization, which it describes as restructuring a for-profit limited liability company into a newly formed public benefit corporation, with the nonprofit retaining control of it in accordance with OpenAI’s representations. Copy claim link
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Supporting evidence: primary · 1 source; Context: primary · 1 source
Object version Letter (28 October 2025) · Published 2025-10-28 · Effective date not established Date 2025-10-28 · publication Scope and limits A regulator’s conditional position, formed in reliance on information and representations supplied by OpenAI. It was conditioned on fairness opinions from the financial advisors of the nonprofit’s board and of the Attorney General, on no material change or exclusion of material facts, and on approval by the nonprofit’s board. Whether these conditions were met, and whether the representations bind OpenAI, needs legal interpretation and is set aside. The California Attorney General’s memorandum of understanding of 27 October 2025 records largely the same representations (context below).
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Letter re: OpenAI, Inc.’s Corporate Restructuring (statement of no objection) ↗ Delaware Department of Justice (Office of the Attorney General) · 2025-10-28
Archived copy, captured 2025-10-31: Letter re: OpenAI, Inc.’s Corporate Restructuring (statement of no objection) ↗
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Source excerpt “the Attorney General shall not object to the Recapitalization” Location in source Final paragraph (page 7)
Machine-checked · 2026-10-04
Source details and check notes Authors Delaware Department of Justice, Office of the Attorney General Version Letter dated October 28, 2025, to OpenAI, Inc.; PDF inspected 2026-10-04, byte-identical to the Internet Archive capture of 2025-10-31. The earlier capture of 2025-10-28 differs only in also giving the recipient’s e-mail address. Canonical address Open the canonical source ↗ Accessed 2026-10-04 Language English (en) Archive copy Open archived copy, captured 2025-10-31: Letter re: OpenAI, Inc.’s Corporate Restructuring (statement of no objection) ↗ . Captured 3 days after the recorded publication date. An archive copy shows only what the archive retrieved on 2025-10-31. It does not prove what the page said earlier, and it can differ from the copy checked on 2026-10-04.Attribution Delaware Department of Justice, letter to OpenAI, Inc. re: OpenAI, Inc.’s Corporate Restructuring (28 October 2025). Reuse Public government document; no redistribution licence asserted. Selekoa practice: metadata, attributed paraphrases and short attributed quotations under the editorial policy (at most 50 words each; at most 400 quoted words per document across the dataset, and about 10% of a document under about 2,000 words). Documents are linked externally, not redistributed. Publisher terms that forbid quotation override this practice. Check notes Verbatim quote, re-checked on 2026-10-04 by the integrating session against its own direct fetch of the cited expression (mechanical match after whitespace normalisation). The passage was first proposed and machine-verified in the week 4b research pass. Human editorial review is pending. primary source Supports the claim
Letter re: OpenAI, Inc.’s Corporate Restructuring (statement of no objection) ↗ Delaware Department of Justice (Office of the Attorney General) · 2025-10-28
Archived copy, captured 2025-10-31: Letter re: OpenAI, Inc.’s Corporate Restructuring (statement of no objection) ↗
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Paraphrase The letter makes the non-objection contingent on fairness opinions from the financial advisors of the nonprofit’s board and of the Attorney General, relies on information and listed representations from OpenAI, and is conditioned on no material change, no excluded material facts and approval by the nonprofit’s board.
Location in source Opening paragraphs (pages 1–2) and final paragraph (pages 6–7)
Machine-checked · 2026-10-04
Source details and check notes Authors Delaware Department of Justice, Office of the Attorney General Version Letter dated October 28, 2025, to OpenAI, Inc.; PDF inspected 2026-10-04, byte-identical to the Internet Archive capture of 2025-10-31. The earlier capture of 2025-10-28 differs only in also giving the recipient’s e-mail address. Canonical address Open the canonical source ↗ Accessed 2026-10-04 Language English (en) Archive copy Open archived copy, captured 2025-10-31: Letter re: OpenAI, Inc.’s Corporate Restructuring (statement of no objection) ↗ . Captured 3 days after the recorded publication date. An archive copy shows only what the archive retrieved on 2025-10-31. It does not prove what the page said earlier, and it can differ from the copy checked on 2026-10-04.Attribution Delaware Department of Justice, letter to OpenAI, Inc. re: OpenAI, Inc.’s Corporate Restructuring (28 October 2025). Reuse Public government document; no redistribution licence asserted. Selekoa practice: metadata, attributed paraphrases and short attributed quotations under the editorial policy (at most 50 words each; at most 400 quoted words per document across the dataset, and about 10% of a document under about 2,000 words). Documents are linked externally, not redistributed. Publisher terms that forbid quotation override this practice. Check notes Editorial paraphrase, re-checked on 2026-10-04 by the integrating session against its own direct fetch of the cited expression. The integrating session wrote or selected this passage from its own reading of the source; it does not repeat a passage from the week 4b research pass. Human editorial review is pending. primary source Context only
Memorandum of Understanding between the Attorney General of California and OpenAI, Inc. (notice of conditions of non-objection) ↗ California Department of Justice (Office of the Attorney General) · 2025-10-27
Archived copy, captured 2025-10-28: Memorandum of Understanding between the Attorney General of California and OpenAI, Inc. (notice of conditions of non-objection) ↗
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Paraphrase The California memorandum records the nonprofit’s retention of control over the PBC through Class N stock among OpenAI’s representations and states that, on conditions including approval by the nonprofit’s board, the California Attorney General shall not object to the recapitalization.
Location in source Recitals and paragraphs 2 and 22
Machine-checked · 2026-10-04
Source details and check notes Authors Attorney General of California; OpenAI, Inc. Version Executed MOU dated October 27, 2025; PDF inspected 2026-10-04, byte-identical (SHA-1) to the Internet Archive capture of 2025-10-28. The text layer contains spacing artefacts. Canonical address Open the canonical source ↗ Accessed 2026-10-04 Language English (en) Archive copy Open archived copy, captured 2025-10-28: Memorandum of Understanding between the Attorney General of California and OpenAI, Inc. (notice of conditions of non-objection) ↗ . Captured 1 day after the recorded publication date. An archive copy shows only what the archive retrieved on 2025-10-28. It does not prove what the page said earlier, and it can differ from the copy checked on 2026-10-04.Attribution Memorandum of Understanding between the Attorney General of California and OpenAI, Inc. (27 October 2025). Reuse Public government document; no redistribution licence asserted. Selekoa practice: metadata, attributed paraphrases and short attributed quotations under the editorial policy (at most 50 words each; at most 400 quoted words per document across the dataset, and about 10% of a document under about 2,000 words). Documents are linked externally, not redistributed. Publisher terms that forbid quotation override this practice. Check notes Editorial paraphrase, re-checked on 2026-10-04 by the integrating session against its own direct fetch of the cited expression. The integrating session wrote or selected this passage from its own reading of the source; it does not repeat a passage from the week 4b research pass. Human editorial review is pending. Status and meaning Editorial status. Not reviewed by an editor . An exploratory record that no editor has accepted. This status does not say whether a person has read any linked passage. Each evidence record above shows how it was checked.
Relation. Publication of a specific document or version. Publication of a policy is not evidence of implementation.
Date. Date of the letter (day precision).
Record ID cs-delaware-ag-openai-statement-2025