How MUSK offers 97.4 billion dollars can reach Openai for a profit transfer

On Monday, Elon Musk, the richest man in the world, Display To purchase the non -profit organization that effectively governs Openai for $ 97.4 billion. The unwanted acquisition will be funded by Musk’s AI, Xai and Consortium External investorsFor every message sent to California and Dilayer’s two years’ lawyers.

CEO of Openai Sam Altman He quickly refused to offer muskAnd I took it as an opportunity to immediately describe it.

“No thanks to you, but we will buy Twitter for $ 9.74 billion if you want,” Altman wrote in A. After x Just hours after reports of the Musk offer for Openai. Musk X has a social network previously known as Twitter; He paid nearly $ 44 billion in October 2022.

The two have a history. Musk is the founder of Openai, and everyone is currently participating in a claim that Openai has participated in anti -competition behavior, among other things.

But Altman’s refusal to offer 97.4 billion dollars is more complicated than just saying “no thanks”, according to companies ’governance experts who spoke with Techcrunch.

Openai’s non -profit conversion

For the background, Openai was established as a non -profit regulation before moving to the “profit” structure in 2019. It is not profitable to the only controlled contributor to the covered Openai Corporation, which maintains the official credit responsibility towards the charter of non -profit.

Openai is now in the process of restructuring-this time to a traditional profit company, specifically the Public Avenues Company-in an attempt to raise capital. But musk – who is it Bad reputation due to the drowning of his enemies in legal problems You may have stopped moving and raising the price of non -profit Openai by its offer.

Dilayer and CaliforniaPublic Prosecutors asked for more information from the ChatgPT maker about its plans to convert to a profit entitlements. The situation also forces her to consider external offers seriously.

OPECai Council will It is almost certain to refuse to giveBut Musk paved the way for future legal and regulatory battles. He is already trying to convert Openai to profit Through a judicial orderFor example. The offer seems to be an alternative offer, of some kind.

Now, the Openai Board of Directors will have to prove that it is not unbearable from Openai by delivering non -profit assets, including IP from Openai to the interior (EG Sam Altman) to obtain a sharp discount.

“Musk throws a key to business,” said Stephen Diamond, a lawyer who represents Moscow opponents in the battles of corporate governance in Tesla. “It takes advantage of the credit commitment to the non -profit council that the original does not last. (Musk’s offer) is something that Openai should pay attention to.”

It is said that Openai is preparing for a financing round Her profit arm is estimated at $ 260 billion. Information reports that The non -profit Openai’s OpenAi’s will get a 25 % stake in Openai’s profit.

With its presentation, Musk indicated that there are at least there One group of investors Ready to pay a large premium for the non -profit Openai wing. This places the board of directors in a narrow place.

Reasons for rejection

However, just because Musk gave a great offer that does not mean that non -profit on Openai should accept it.

The Companies Law gives a tremendous authority to the current councils to protect from unwanted acquisition offers, according to David Yosev, professor of corporate governance law at the University of Santa Clara.

Openai can show that the Musk’s offer is an attempt to hostile acquisition as Musk and Altman Not the best friends.

The company can also argue that the Musk offer is not credible because Openai is already in the process of restructuring companies.

Another approach can be followed by Openai is the challenge of musk about whether he has money. The New York Times also notesThe wealth of musk is largely related to its store from Tesla, and this means that Investment partners in musk A lot of total must save $ 97.4 billion.

The Openai Board of Directors may need to review the Musk offer completely if it corresponds to a non -profit task, not only specific financial or strategic goals, according to Koran’s silence, former General Adviser to the Clinton Foundation. This means that Musk’s width can be a budget against Openai’s mission: “To ensure that artificial general intelligence – the most intelligent artificial intelligence systems of humans – benefit all humanity.”

“When Altman posted this response (on X), this may have been done without legal guidance,” said Yosev. “It is not good to see the organizer of this type of knee tweet.”

Raise the value of Openai assets

The plate is likely to stand with the pill. Almost all managers join Altman was shot for a short periodthen RenovatedBy the Board of Directors of non -profit organizations in late 2023. Altman himself is also a member of the Board of Directors.

If there is nothing else, the Musk offer may raise the potential market value of non -profit Openai assets. This Openai can force the capital more than expected, and hold talks with current supporters. It can also reduce the value of the risks that Openai investors in the arm arm, including major partners such as Microsoft.

Atman, who has been working with investors for several months to determine how to compensate for somewhat non -profit organizations.

GIST is: Openai’s restructuring plans have become more complicated.

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