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“We Need To Be Evangelists,” Tesla Tells FTC

Tesla general counsel Todd Maron told the FTC this week that traditional auto dealers have a basic conflict of interest with selling electric cars.

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At the Federal Trade Commission panel discussion on Wednesday, Tesla general counsel Todd Maron made this opening statement:

“Any discussion of why Tesla sells directly comes back to our mission. Our mission is quite specific. It is to accelerate the world’s transition to sustainable transportation. You can say we’re true believers and it wouldn’t be an unfair characterization. That’s our mission because we fervently believe that transitioning to electric vehicles is critical to the health of our planet and simply because we believe that electric vehicles are superior vehicles to their gas-powered counterparts. They’re higher-performing, they’re more efficient and they’re safer than gas-powered cars.”

The FTC has indicated it favors direct sales, despite determined opposition from franchise dealers in several states. Maron used the panel discussion to expand on why Tesla does not think dealers are the best way to get the message about electric cars out to potential customers. It takes a lot of effort to explain new technology to people, he said. Dealers are interested in moving as many cars as possible in the shortest possible time.

Usually, most of the discussion that takes place between a dealer and customer revolves around price, not educating the consumer. You can’t expect a dealer to do your evangelizing for you, Maron said. Tesla doesn’t want or need sprawling sales lots brimming with hundreds of cars. Tesla builds each car for a specific customer. It doesn’t stockpile inventory the way traditional dealers do. It also doesn’t play pricing games with its customers. Maron thinks most dealers would have no idea how to do business the Tesla way.

With margins on new cars razor thin, most dealers are focused on making money from repairs and service.  “We can’t offer that to any franchised dealer, because we only profit in one way: new car sales and new car sales alone. We can’t make money from service, because our cars have far less parts than gas-powered cars. There are no regular service visits for engine tune-ups and oil changes. We don’t have an engine. We don’t have oil.”

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Maron indicated dealers have a basic conflict of interest with the Tesla mission, according to Autoblog. Tesla believes that gas-powered vehicles should “be replaced entirely” by electric vehicles. “Even if you wanted to outsource the responsibility of communicating this message, it would be impossible for traditional dealers to convey this adequately,” he said. “This isn’t a knock on them. Dealers are not fundamentally convinced of the mission of EVs as we are. They make 99 percent of their revenue off gas-powered cars.”

Maron is not the only one who thinks traditional dealers are road blocks on the pathway to electric cars. The Institute of Transportation Studies at UC Davis also claims most dealers don’t want to be bothered with selling EVs. People who go to a dealer to buy an electric car report that sales representatives are poorly trained and often try to switch them to conventional cars rather than take the time to educate them about the advantages of electric cars.

At the hearing in Washington, FTC chair Edith Ramirez said that, “The automobile marketplace may be on the precipice of dramatic change.” Was that a hint that regulators may be considering new rules that would permit direct sales of motor vehicles to consumers? So far, the FTC has tried to stay above the fray, but there was a sense at these hearings that changes are coming and may be imminent.

 

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Elon Musk

UPDATE: Tesla investors push Charles Schwab for Musk comp plan clarification

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tesla cybertruck elon musk
Tesla CEO Elon Musk unveils futuristic Cybertruck in Los Angeles, Nov. 21, 2019 (Photo: Teslarati)

Update: 4:00 p.m. EDT – Charles Schwab has reached out to TESLARATI with the following statement, clarifying that it plans to vote FOR Musk’s compensation package:

“Schwab Asset Management’s approach to voting on proxy matters is thorough and deliberate. We utilize a structured process that focuses on protecting and promoting shareholder value. We apply our own internal guidelines and do not rely on recommendations from Glass Lewis or ISS. In accordance with this process, Schwab Asset Management intends to vote in favor of the 2025 CEO performance award proposal. We firmly believe that supporting this proposal aligns both management and shareholder interests, ensuring the best outcome for all parties involved.”

There have also been updates to the headline and various paragraphs to reflect this as well as accuracy.

Tesla investors are pushing Charles Schwab for clarification after it was expected to vote against CEO Elon Musk’s pay package.

Several high-profile Tesla influencers are speaking out against Charles Schwab, saying its decision to vote against the plan that would retain Musk as CEO and give him potentially more voting power if he can achieve the tranches set by the company’s Board of Directors.

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The Tesla community appeared to see that Schwab is one firm that tends to vote against Musk’s compensation plans, as they also voted against the CEO’s 2018 pay package, which was passed by shareholders but then denied by a Delaware Chancery Court.

Schwab’s move was recognized by investors within the Tesla community and now they are speaking out about it:

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At least six of Charles Schwab’s ETFs were expected to vote against Tesla’s Board recommendation to support the compensation plan for Musk. The six ETFs represent around 7 million Tesla $TSLA shares.

Jason DeBolt, an all-in Tesla shareholder, summarized the firm’s decision really well:

As a custodian of ETF shares, your fiduciary duty is to vote in shareholders’ best interests. For a board that has delivered extraordinary returns, voting against their recommendations doesn’t align with retail investors, Tesla employees, or the leadership we invested to support. If Schwab’s proxy voting policies don’t reflect shareholder interests, my followers and I will move our collective tens of millions in $TSLA shares (or possibly hundreds of millions) to a broker that does, via account transfer as soon as this week.”

Tesla shareholders will vote on Musk’s pay package on Thursday at the Annual Shareholders Meeting in Austin, Texas.

It seems more likely than not that it will pass, but investors have made it clear they want a decisive victory, as it could clear the path for any issues with shareholder lawsuits in the future, as it did with Musk’s past pay package.

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Elon Musk

Norway’s $2 trillion sovereign wealth fund votes against Elon Musk’s 2025 performance award

The fund is managed by Norges Bank Investment Management (NBIM), and it holds a 1.14% stake in Tesla valued at about $11.6 billion.

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MINISTÉRIO DAS COMUNICAÇÕES, CC BY 2.0 , via Wikimedia Commons

Norway’s $2 trillion sovereign wealth fund has voted against Elon Musk’s 2025 performance award, which will be ultimately decided at Tesla’s upcoming annual shareholder meeting. 

The fund is managed by Norges Bank Investment Management (NBIM), and it holds a 1.14% stake in Tesla valued at about $11.6 billion.

NBIM’s opposition

NBIM confirmed it had already cast its vote against Musk’s pay package, citing concerns over its total size, dilution, and lack of mitigation of key person risk, as noted in a CNBC report. The fund acknowledged Musk’s leadership of the EV maker, and it stated that it will continue to seek dialogue with Tesla about its concerns. 

“While we appreciate the significant value created under Mr. Musk’s visionary role, we are concerned about the total size of the award, dilution, and lack of mitigation of key person risk- consistent with our views on executive compensation. We will continue to seek constructive dialogue with Tesla on this and other topics,” NBIM noted.

The upcoming Tesla annual shareholder meeting will decide whether Musk should receive his proposed 2025 performance award, which would grant him large stock options over the next decade if Tesla hits several ambitious milestones, such as a market cap of $8.5 trillion. The 2025 performance award will also increase Musk’s stake in Tesla to 25%.

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Elon Musk and NBIM

Elon Musk’s proposed 2025 CEO performance award has proven polarizing, with large investors split on whether the executive should be given a pay package that, if fully completed, would make him a trillionaire. 

Institutional Shareholder Services and Glass Lewis have recommended that shareholders vote against the deal, and initiatives such as the “Take Back Tesla” campaign have rallied investors to oppose the proposed performance award. On the other hand, other large investors such as ARK Invest and the State Board of Administration of Florida (SBA) have urged shareholders to approve the compensation plan. 

Interestingly enough, this is not the first time that Musk and NBIM have found themselves on opposing sides. Last year, NBIM voted against reinstating Musk’s 2018 performance award, which had already been fully accomplished but was rescinded by a Delaware judge.

Later reports shared text messages between Musk and NBIM Chief Executive Nicolai Tangen, who was inviting the CEO to a dinner in Oslo. Musk declined the invitation, writing, “When I ask you for a favor, which I very rarely do, and you decline, then you should not ask me for one until you’ve done something to make amends. Friends are as friends do.”

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Investor's Corner

Michael Dell points out practical advantage of Elon Musk’s proposed pay package

As pointed out by the Dell Technologies CEO, Musk will only be rewarded if he delivers extraordinary value to shareholders

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Michael Dell points out practical advantage of Elon Musk’s proposed pay package

Michael Dell has weighed in on Elon Musk’s controversial 2025 CEO Performance Award, offering a grounded perspective amidst the noise surrounding the pay package today.

As pointed out by the Dell Technologies CEO, Musk will only be rewarded if he delivers extraordinary value to shareholders. Musk would quite literally receive no compensation if he fails to achieve his targets.

Dell emphasizes results over rhetoric

Dell shared his thoughts about Musk’s 2025 CEO Performance Award in a post on X.“Vote FOR Elon Musk. The award is only achieved IF he hits exceptionally ambitious market-cap and operational milestones—if he falls short, he gets nothing,” Dell wrote in his post. 

“If he succeeds, shareholders will win big through unprecedented value creation, and he will earn added voting rights to continue driving Tesla’s long-term vision.”

Musk replied with a short “Thanks Michael,” acknowledging Dell’s support. Dell’s framing cuts through the debate surrounding Musk’s compensation, as he simply focused on the incentive structure’s risk-reward balance.

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Musk’s ambitious pay package

Elon Musk’s 2025 CEO Performance Award requires Tesla’s market capitalization to rise from roughly $1.1 trillion today to $8.5 trillion within a decade. This would make Tesla more valuable than any company in history.

Apart from this, Tesla’s operating profit must also grow from $17 billion to $400 billion annually. Musk must also lead the company to several product-related milestones, such as 20 million cumulative vehicle deliveries, 10 million Full Self-Driving subscriptions, 1 million Tesla Bots, and 1 million operating Robotaxis.

So far, proxy advisors Glass Lewis and ISS have urged shareholders to vote against the plan. Some prominent investors, including ARK Invest CEO Cathie Wood, however, have voiced strong support for the plan. Wood called Musk “the most productive human being on earth,” arguing that his vision and ability to attract talent are central to Tesla’s success.

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