One of the top US officials overseeing OpenAI’s restructuring has warned she will take legal action against the ChatGPT maker if it fails to stick to public interest pledges Sam Altman agreed in negotiations to unlock the deal.

Kathy Jennings, the attorney-general of Delaware, told the Financial Times she consented to the deal after securing multiple binding legal commitments from Altman, OpenAI’s chief executive. They require the $500bn start-up to prioritise AI safety over its shareholders’ commercial gain.

The final agreement, announced on Tuesday, puts key decisions, including launching a public listing, in the hands of the non-profit OpenAI Foundation, which has a 26 per cent stake in the for-profit arm, called the OpenAI Group, worth $130bn.