In a surprise reversal of its December announcement, OpenAI revealed Monday that it will continue to have nonprofit governance of its business while still going ahead with structural transformation of its for-profit corporation.
The move followed weeks of legal battles, criticism, including a high-profile court lawsuit by tech mogul Elon Musk.
“We decided that the nonprofit would remain in charge after listening to civic leaders and having conversations with the offices of the Attorneys General of California and Delaware,” OpenAI said in a blog post.
OpenAI Navigates Profit vs. Public Benefit with Revised Structure
The company will collaborate with Microsoft, regulators, and newly appointed nonprofit commissioners to complete the revised plans.
The AI behemoth had earlier announced intentions to become a public benefit corporation, a step that would have allowed it “raise more capital than we’d imagined” while eliminating limitations imposed by its nonprofit parent.
But this intention raised questions about whether OpenAI would be able to properly balance profit incentives with its initial mission of creating artificial intelligence that serves humanity.

Under the new format announced Monday, the nonprofit parent will maintain control of the public benefit corporation as it becomes a substantial shareholder. The format is intended to preserve the company’s twin mission of technological innovation and social responsibility.
Board Chairman Bret Taylor said the new structure was “extremely close” to its current organization. CEO Sam Altman referred to it as a compromise that is “well enough for investors that they’re happy to continue to fund us to a degree we think we will need.”
The disclosure is OpenAI’s effort to walk a tricky tightrope in AI development, where vast sums of capital need to be sunk but raise profound ethics concerns.
Navigating Profit and Nonprofit in the AGI Race
As the competition to create artificial general intelligence (AGI) – AI software that could exceed human intelligence – becomes more heated by the day, OpenAI is being increasingly compelled to raise capital without sacrificing its core mission.
In March, the company said it would raise up to $40 billion in a funding round led by SoftBank Group at a $300 billion valuation. That round was said to be dependent on OpenAI being a for-profit by the end of the year.
A few money managers believe the decision to remain nonprofit could limit OpenAI’s capacity to raise capital. “The nonprofit status severely restricts OpenAI’s ability to raise capital, as investors would have to be able to reap a return on their investment, which is a lot harder if a nonprofit is the owner of a commercial enterprise,” said D.A. Davidson analyst Gil Luria.
OpenAI’s governance questions emerged last November in one of Silicon Valley’s most tumultuous corporate shakeouts. The nonprofit board briefly removed Altman citing a “breakdown in communication” and “loss of trust,” then reinstalled him five days later under intense pressure from employees and investors.
OpenAI’s Governance Gamble
OpenAI’s commitment to upholding nonprofit stewardship is an indication of the fine balance the company is attempting to strike in the fast-changing AI space.
While its rivals have their versions of responsible development of AI, in the form of Anthropic and Google DeepMind, OpenAI stands uniquely at the cusp of enormous commercial success – in the form of products like ChatGPT and DALL-E – and nonprofit stewardship.
The reorganized company’s new structure seems to be intended to appease critics while still allowing the capital formation required to compete in what has become a fantastically costly technological contest.
Whether this strategy will appease both investors eager for returns and AI safety advocates who are concerned is uncertain.
While the AI sector expands ever more quickly, OpenAI’s choices regarding governance have the potential to make big precedents regarding how such companies balance profit incentives with public interests. For now at least, the firm seems dedicated to maintaining its hybrid model, though modified to fit its growing fiscal demands.
Neither SoftBank, OpenAI’s biggest investor, nor Microsoft immediately responded to requests for comment on how the new format could impact their investment strategy.