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For some time now, both current and former OpenAI employees have been increasingly dissatisfied with the company’s reluctance to allow them to donate their equity to charitable causes. However, OpenAI appears to be responding to these concerns. Recent communications reveal that the company has sent an email to eligible stakeholders, indicating that they can now donate their shares to charity, according to a memo obtained by The Verge.
This development could lead to substantial charitable contributions, particularly for those employees who received six-figure equity grants in 2019, potentially amounting to millions of dollars in donations.
According to a source close to the matter, the company is approximately 18 months behind in fulfilling its commitment. This delay has been particularly troubling as OpenAI had previously leveraged the promise of equity donations to attract talent, a crucial factor as competition in the AI industry intensifies. Meanwhile, competitors like Anthropic offer equity donation matching at a 1:1 ratio for up to 25% of the equity grant, as stated on their careers page.
Despite the positive step forward, there’s a catch: employees face a tight deadline to decide on their donation specifics, a timeline significantly shorter than the minimum period mandated by the SEC for other financial decisions, such as the 20 business days for a tender offer. This abrupt deadline, compounded by the company’s advice to seek tax or financial advice, has left many struggling to participate, especially those with limited units to donate due to the delay. OpenAI has yet to comment on these challenges.
This move comes after years of mounting frustration among OpenAI employees regarding the company’s stringent control over their equity, a situation that has been exacerbated as OpenAI’s valuation climbs and its corporate structure evolves. Previous company policies, which included the possibility of reclaiming vested equity from employees who breached non-disparagement agreements, have contributed to concerns. In recent months, employees have been increasingly vocal about these issues, expressing their dissatisfaction through Slack discussions and company meetings.
Historically, OpenAI facilitated donation rounds in 2021 and 2022, but the absence of such opportunities since then has been a point of contention. Last year, after allowing employees to sell approximately $1.5 billion in shares to SoftBank, the company hinted at an imminent donation round, which was subsequently postponed indefinitely. With the conclusion of its significant funding round and a shift towards a for-profit model, OpenAI seems to be easing these restrictions, much to the relief of its workforce.
Late last month, OpenAI announced the finalization of the restructuring, which it had been negotiating with the attorneys general of California and Delaware for more than a year. The company was founded in 2015 as a nonprofit research lab. One of the most high-stakes questions remaining is whether OpenAI’s nonprofit entity will retain control over the technology it builds, most notably the potential development of artificial general intelligence, or AGI — systems that equal or surpass human cognitive ability.
OpenAI’s price per share is also up significantly since last month, when current and former employees were able to sell their equity in a tender offer for about $430 per unit — now, each share is worth about $483 in terms of fair market value, according to the source, who added that they believe the spike is partly due to OpenAI no longer owing its nonprofit as much in potential future profits as it did before.