OpenAI has reversed its policies towards secondary share sales, and will now allow current and former employees to participate equally in annual tender offers, CNBC has learned.
The artificial intelligence startup has taken a restrictive approach in the past, with rules allowing the company to determine who gets to participate in stock sales, CNBC reported earlier this month. That led to concern among many shareholders about their ability to get liquidity for some of the millions of dollars worth of equity they own.
In a document shared last week through OpenAI’s equity administration software, the company altered its policy and said that “all sellers (current and former service providers) will have the same sales limit.” Service providers include employees and advisors, OpenAI said in the document, which was viewed by CNBC.
An OpenAI spokesperson didn’t immediately respond to a request for comment.
Tender offers have become a particularly sensitive subject of late due to OpenAI’s skyrocketing valuation, which followed the launch of ChatGPT in late 2022, and a relatively dormant IPO market for well over two years. With no public offering on the horizon and a price tag that makes the company prohibitively expensive for would-be acquirers, secondary stock sales are the only way in the near future for shareholders to pocket a portion of their paper wealth.
Current and former OpenAI employees previously told CNBC that there was growing concern about access to liquidity after reports that the company had the power to claw back vested equity. OpenAI, backed by roughly $13 billion from Microsoft, has been valued at over $80 billion.
Earlier documents indicated that, for former employees, secondary sales typically took place months after transactions for current staffers. And sales limits could differ significantly. In at least two tender offers, the limit for former employees was $2 million, compared to $10 million for current employees.
The change announced last week included the walking back of a provision that some worried could allow the company to forcibly repurchase shares at its “sole and absolute discretion” for the “fair market value.” Previous documents said that “the Company may, at any time and in its sole and absolute discretion, redeem (or cause the sale of) the Company interest of any Assignee for cash equal to the Fair Market Value of such interest.”
OpenAI said in the updated document that it “will not enforce any provision in employee equity documents that forces equity redemption at fair market value, and will revise our documents to reflect the same.”
Former employees who now work at competitors will also no longer be excluded from official tender offers, and will be included in the same category as other former employees, the internal document stated.
The one area where current employees will still be higher in line, OpenAI said, is if a future tender offer is oversubscribed, meaning that stakeholders want to sell more shares than investors have agreed to purchase. In that case, “we will prioritize giving liquidity to current service providers over former service providers,” resulting in a potential “cutback” for those no longer at the company, OpenAI said.
In reversing its tender offer policies, OpenAI has taken a further step to assuage employee fears. Following reports of potential clawbacks, OpenAI recently circulated a document, obtained by CNBC, titled, “Overview and Recap of OpenAI’s Tender Process,” detailing how the company has conducted equity purchases in the past and how it plans to handle them in the future.
Last month, OpenAI announced it would backtrack on a controversial decision to make former employees choose between signing a non-disparagement agreement that would never expire and keeping their vested equity in the company.
However, one notable issue regarding employee equity was not addressed in the latest change. In the past, OpenAI has opened up “donation rounds” to current employees, allowing them to donate a certain amount of their vested equity to charity, which brings with it tax incentives. Former employees could be excluded, as the donation rounds would likely be offered “to active employees only and are not guaranteed to happen,” according to messages viewed by CNBC earlier this month. The new document did not detail whether the policy is still in place.
The Huawei flagship store and the Apple flagship store at Nanjing Road Pedestrian Street in Shanghai, China, Sept. 2, 2024.
Cfoto | Future Publishing | Getty Images
Huawei reclaimed the top spot in China’s smartphone market in the second quarter of the year, while Apple returned to growth in the country — one of its most critical markets — data released by technology market analyst firm Canalys showed on Monday.
Huawei shipped 12.2 million smartphones in China in the three months ended June, a rise of 15% year on year — equating to 18% market share. It’s the first time Huawei has been the biggest player by market share in China since the first quarter of 2024, according to Canalys.
Apple, meanwhile, shipped 10.1 million smartphones in the quarter in China, up 4% year on year and ranking fifth. It is the first time Apple has recorded growth in China since the fourth quarter of 2023, Canalys said.
Shipments represent the number of devices sent to retailers. They do no equate directly to sales but are a gauge of demand.
The numbers come ahead of Apple’s quarterly earnings release this week, with investors watching the company’s performance in China, a market where the Cupertino giant has faced significant challenges, including intense competition from Huawei and other local players such as Xiaomi.
Huawei, which made a comeback at the end of 2023 after its smartphone business was crippled by U.S. sanctions, has eaten away at Apple’s share.
Apple’s return to growth in China will be a welcome sign for investors. The U.S. tech giant “strategically adjusted its pricing” for the iPhone 16 series in China, which helped it grow, Canalys said. Chinese e-commerce firms discounted Apple’s iPhone 16 models during the quarter. And Apple itself also increased trade-in prices for some iPhone models.
Meanwhile, competition in China has intensified. Huawei has aggressively launched various smartphones in the past year and has started to roll out HarmonyOS 5, its self-developed operating system, across various devices. It is a rival to Google’s Android and Apple’s iOS.
“This move is expected to accelerate the expansion of its independent ecosystem’s user base, while also placing greater demands on system compatibility and user experience,” Lucas Zhong, analyst at Canalys, said in a press release.
Alibaba announced plans to release a pair of smart glasses powered by its AI models. The Quark AI Glasses are Alibaba’s first foray into the smart glasses product category.
Alibaba
Alibaba on Monday unveiled a pair of smart glasses powered by its artificial intelligence models, marking the Chinese firm’s first foray into the product category.
The e-commerce giant said the Quark AI Glasses will be launched in China by the end of 2025 with hardware powered by the firm’s Qwen large language model and its advanced AI assistant called Quark.
The Hangzhou, headquartered company is one of the leaders in China’s AI space, aggressively launching new models with capabilities that compete with Western counterparts like OpenAI.
Many tech companies see wearables, specifically glasses, as the next frontier in computing alongside the smartphone. Quark, which was updated this year, is currently available as an app in China. Alibaba is stepping into the hardware game as a way to distribute the app more widely.
The Quark AI Glasses are Alibaba’s answer to Meta’s smart glasses that were designed in collaboration with Ray-Ban. The Chinese tech giant will also now compete with Chinese consumer electronics player Xiaomi who this year released its own AI glasses.
Alibaba said its glasses will support hands-free calling, music streaming, real-time language translation, and meeting transcription. The glasses also feature a built-in camera.
Alibaba owns a range of different services in China from mapping to an online travel agent. Its affiliate company Ant Group also runs the widely-used Alipay mobile service. Alibaba said users will be able to use a navigation service via the glasses, pay with Alipay and compare prices on Taobao, its China e-commerce platform.
The firm has yet to release other details such as the price and technical specifications.
A Samsung flag flies outside the company office in Seoul, South Korea on February 05, 2024.
Chung Sung-jun | Getty Images News | Getty Images
Samsung Electronics has entered into a $16.5 billion contract for supplying semiconductors to a major company, a regulatory filing by the South Korean company showed Monday.
The memory chipmaker, which did not name the counterparty, mentioned in its filing that the effective start date of the contract was July 26, 2024 — receipt of orders — and its end date was Dec. 31, 2033.
Samsung declined to comment on details regarding the counterparty.
The company said that details of the deal, including the name of the counterparty, will not be disclosed until the end of 2033, citing a request from the second party “to protect trade secrets,” according to a Google translation of the filing in Korean.
“Since the main contents of the contract have been not been disclosed due to the need to maintain business confidentiality, investors are advised to invest carefully considering the possibility of changes or termination of the contract,” the company said. Its shares were up nearly 3% in early trading.
Local South Korean media outlets have said that American chip firm Qualcomm could potentially place an order for Samsung’s 2 nanometer chips.
While Qualcomm is a possibility, given its potential 2 nanometer project with Samsung, Tesla seems the more probable customer, Ray Wang, research director of semiconductors, supply chain and emerging technology at The Futurum Group, told CNBC
Samsung’s foundry service manufactures chips based on designs provided by other companies. It is the second largest provider of foundry services globally, behind Taiwan Semiconductor Manufacturing Company.
The company said in April that it was aiming for its foundry business to start mass production of its next-generation 2 nanometer and secure major orders for the advanced product. In semiconductor technology, smaller nanometer sizes signify more compact transistor designs, which lead to greater processing power and efficiency.
Samsung, which is set to deliver earnings on Thursday, expects its second-quarter profit to more than halve. An analyst previously told CNBC that the disappointing forecast was due to weak orders for its foundry business and as the company has struggled to capture AI demand for its memory business.
The company has fallen behind competitors SK Hynix and Micron in high-bandwidth memory chips — an advanced type of memory used in AI chipsets.
SK Hynix, the leader in HBM, has become the main supplier of these chips to American AI behemoth Nvidia. While Samsung has reportedly been working to get the latest version of its HBM chips certified by Nvidia, a report from a local outlet suggests these plans have been pushed back to at least September.