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Tesla, SpaceX, Elon Musk ventures cleared by SEC for private fundraising after tweet controversy

(SpaceX)

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Tesla, SpaceX, The Boring Company (TBC), and Neuralink have all been granted waivers allowing them to continue raising capital by privately selling restricted securities (typically private equity or debt), heading off potential barriers that would increase the difficulty of raising capital through the sale of securities.

Cued by the commission’s settled suit over CEO Elon Musk’s improper and misleading dissemination of information material to Tesla shareholders, the United States Securities and Exchange Commission (SEC) has granted investment disqualification waivers – specifically “waivers of disqualification under Rule 506 of Regulation D” – to each of the four major companies owned by Elon Musk.

Losing the ability to raise funds in this manner would make it much harder for companies like Tesla and SpaceX to raise the money frequently needed for expansions and major R&D projects, described in the waiver requests as “extremely capital intensive.” However, the bulk of the arguments provided by each company’s legal representatives can be largely ignored. Arguing to the contrary – i.e. failing to make a strong case that the given company may need private equity investment – could close critical doors that each company may not need right this moment but would like to preserve as an option.

Still, each waiver request offers a slight glimpse into the inner-workings of SpaceX, TBC, and Neuralink, typically hidden from the public eye as privately held entities.

A fleet of red Dual Motor/Performance Tesla Model 3s captured on July 10, 2018 at the Fremont factory [Credit: RS Metrics via Twitter]

Tesla

Tesla, being a publicly-traded company, offered few secrets in its waiver request. However, it did publicize the best overview yet of what exactly the SEC’s demand for the regulation of Elon Musk’s Tesla-material communications might translate to inside the company. According to Tesla’s legal representatives, the company is arranging the creation of “new, permanent committee…of independent directors only [that] will provide an additional check on the procedures and processes for overseeing Mr. Musk’s Tesla-related public statements.” Tesla will also reportedly task “another experienced securities lawyer…to undertake an enhanced review of communications made through Twitter and other social media by the [sic] Tesla’s senior officers.”

The hope is that this new arrangement will prevent a recurrence of the misconduct that led to the SEC’s suit and the subsequent settlement. More likely, however, is that the threat of the modification or withdrawal of these four waivers will prevent Musk from stepping outside the bounds of the SEC’s binding settlement agreement, as doing so could truly harm the potential of all four companies.

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Building giant rockets and the factories needed for production is no less expensive. (Pauline Acalin)

SpaceX

In SpaceX’s waiver request, the company’s legal representatives confirmed that it has raised “more than $2 billion in [eleven separate] securities offerings” that fell under the purview of activities SpaceX would be disqualified from pursuing without a waiver from the SEC. The total value of investments on the public record currently hovers around $2.27 billion, including a partially-finished Series I round that has likely raised that to value to ~$2.5 billion since it surfaced in April 2018.

“The design and manufacture of launch vehicles and spacecraft is extremely capital intensive. SpaceX needs sufficient [and may need to raise additional] capital to fund its ongoing operations and future expansions, for example: development of its BFR launch vehicle and Crew Dragon spacecraft, continuing research and development projects, and making investments in tooling and manufacturing”

The Boring Company & Neuralink

As for TBC and Neuralink, the waivers didn’t offer anything unexpected, although they did provide great, brief overviews of what exactly the two companies are currently working towards. Although it was announced in late 2017 that Musk would sell stock to fund initial operations at TBC and Neuralink, both companies’ legal representatives confirmed the exact amount of funding raised by “Musk and various other third-party investors”: $112.5 million and $100.2 million, respectively.

Both expressly confirmed no intentions to pursue initial public offerings (IPOs) anytime soon, although Neuralink’s waiver indicated that it may invest in or acquire other companies pursuing brain-computer interfaces.

 

The Boring Company

“The Boring Company (TBC) is a fast-growing infrastructure and transportation company focused on developing cost effective, and fast tunneling technology, along with electric mass transportation systems to alleviate the massive problem of traffic and congestion within cities. The research, development, design, manufacture, testing, and construction of tunnels and mass transit systems is a capital intensive business. TBC needs sufficient capital to fund its ongoing operations and future expansions, for example: continued development and improvement of Tunnel Boring Machines (โ€œTBMsโ€) and electric skates, the construction of mass transit tunnels including publicly announced projects in Chicago, Los Angeles, and Washington D.C..”

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Neuralink

“Neuralink is a fast-growing bio-technology and medical device company focused on developing high bandwidth, long term, brain computer interfaces (โ€œBCIโ€). The research, development, design, manufacture, testing, and certification of medical devices and BCIโ€™s is purely capital intensive business requiting deep investment for years prior to any initial revenue. Neuralink needs sufficient capital to fund its ongoing operations and eventually bringing products to marked, for example: continued development of BCIโ€™s, continued testing of implantable devices, financing of multi-year FDA trials and certifications, and the construction of FDA-approved manufacturing facilities. Neuralink will need to raise capital for these operations and expansions, and given the development stage of the company, it is most likely that such financing will be through private securities offerings in reliance on Rule 506 of Regulation D.”

Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Three things Tesla needs to improve with Full Self-Driving v14 release

These are the three things I’d like to see Tesla Full Self-Driving v14 improve.

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As Tesla plans to release Full Self-Driving version 14 this week after CEO Elon Musk detailed a short delay in its rollout, there are several things that continue to plague what are extremely well-done drives by the suite.

Tesla Full Self-Driving has truly revolutionized the way I travel, and I use it for the majority of my driving. However, it does a few things really poorly, and these issues are consistent across many drives, not just one.

Tesla Full Self-Driving impressions after three weeks of ownership

Musk has called FSD v14 “sentient” and hinted that it would demonstrate drastic improvements from v13. The current version is very good, and it commonly performs some of the more difficult driving tasks well. I have found that it does simple, yet crucial things, somewhat poorly.

These are the three things I’d like to see Tesla Full Self-Driving v14 improve.

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Navigation, Routing, and Logical Departure

My biggest complaint is how poorly the navigation system chooses its route of departure. I’ve noticed this specifically from where I Supercharge. The car routinely takes the most illogical route to leave the Supercharger, a path that would require an illegal U-turn to get on the correct route.

I managed to capture this yesterday when leaving the Supercharger to go on a lengthy ride using Full Self-Driving:

You’ll see I overrode the attempt to turn right out of the lot by pushing the turn signal to turn left instead. If you go right, you’ll go around the entire convenience store and end up approaching a traffic light with a “No U-Turn” sign. The car has tried to initiate a U-turn at this light before.

If you’re attempting to get on the highway, you simply have to leave the convenience store on a different route (the one I made the vehicle go in).

It then attempted to enter the right lane when the car needed to remain in the left lane to turn left and access the highway. I manually took over and then reactivated Full Self-Driving when it was in the correct lane.

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To achieve Unsupervised Full Self-Driving, such as navigating out of a parking lot and taking the logical route, while also avoiding illegal maneuvers, is incredibly crucial.

Too Much Time in the Left Lane on the Highway

It is illegal to cruise in the left lane on highways in all 50 U.S. states, although certain states enforce it more than others. Colorado, for example, has a law that makes it illegal to drive in the left lane on highways with a speed limit of 65 MPH or greater unless you are passing.

In Florida, it is generally prohibited to use the left lane unless you are passing a slower vehicle.

In Pennsylvania, where I live, cruising in the left lane is illegal on limited-access highways with two or more lanes. Left lanes are designed for passing, while right lanes are intended for cruising.

Full Self-Driving, especially on the “Hurry” drive mode, which drives most realistically, cruises in the left lane, making it in violation of these cruising laws. There are many instances when it has a drastic amount of space between cars in the right lane, and it simply chooses to stay in the left lane:

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The clip above is nearly 12 minutes in length without being sped up. In real-time, it had plenty of opportunities to get over and cruise in the left lane. It did not do this until the end of the video.

Tesla should implement a “Preferred Highway Cruising Lane” option for two and three-lane highways, allowing drivers to choose the lane that FSD cruises in.

It also tends to pass vehicles in the slow lane at a speed that is only a mile an hour or two higher than that other car.

This holds up traffic in the left lane; if it is going to overtake a vehicle in the right lane, it needs to do it faster and with more assertiveness. It should not take more than 5-10 seconds to pass a car. Anything longer is disrupting the flow of highway traffic.

Parking

Full Self-Driving does a great job of getting you to your destination, but parking automatically once you’re there has been a pain point.

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As I was arriving at my destination, it pulled in directly on top of the line separating two parking spots. It does this frequently when I arrive at my house as well.

Here’s what it looked like yesterday:

Parking is one of the easier tasks Full Self-Driving performs, and Autopark does extremely well when the driver manually chooses the spot. I use Autopark on an almost daily basis.

However, if I do not assist the vehicle in choosing a spot, its performance pulling into spaces is pretty lackluster.

With a lot of hype surrounding v14, Tesla has built up considerable anticipation among owners who want to see FSD perform the easy tasks well. As of now, I believe it does the harder things better than the easy things.

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Elon Musk teases previously unknown Tesla Optimus capability

Elon Musk revealed over the weekend that the humanoid robot should be able to utilize Tesla’s dataset for Full Self-Driving (FSD) to operate cars not manufactured by Tesla.

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Credit: @heydave7/X

Elon Musk revealed a new capability that Tesla Optimus should have, and it is one that will surely surprise many people, as it falls outside the CEO’s scope of his several companies.

Tesla Optimus is likely going to be the biggest product the company ever develops, and Musk has even predicted that it could make up about 80 percent of the company’s value in the coming years.

Teasing the potential to eliminate any trivial and monotonous tasks from human life, Optimus surely has its appeal.

However, Musk revealed over the weekend that the humanoid robot should be able to utilize Tesla’s dataset for Full Self-Driving (FSD) to operate cars not manufactured by Tesla:

FSD would essentially translate from operation in Tesla vehicles from a driverless perspective to Optimus, allowing FSD to basically be present in any vehicle ever made. Optimus could be similar to a personal chauffeur, as well as an assistant.

Optimus has significant hype behind it, as Tesla has been meticulously refining its capabilities. Along with Musk’s and other executives’ comments about its potential, it’s clear that there is genuine excitement internally.

This past weekend, the company continued to stoke hype behind Optimus by showing a new video of the humanoid robot learning Kung Fu and training with a teacher:

Tesla plans to launch its Gen 3 version of Optimus in the coming months, and although we saw a new-look robot just last month, thanks to a video from Salesforce CEO and Musk’s friend Marc Benioff, we have been told that this was not a look at the company’s new iteration.

Instead, Gen 3’s true design remains a mystery for the general public, but with the improvements between the first two iterations already displayed, we are sure the newest version will be something special.

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Investor's Corner

Cantor Fitzgerald reaffirms bullish view on Tesla after record Q3 deliveries

The firm reiterated its Overweight rating and $355 price target.

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(Credit: Tesla)

Cantor Fitzgerald is maintaining its bullish outlook on Tesla (NASDAQ:TSLA) following the companyโ€™s record-breaking third quarter of 2025.ย 

The firm reiterated its Overweight rating and $355 price target, citing strong delivery results driven by a rush of consumer purchases ahead of the end of the federal tax credit on September 30.

On Teslaโ€™s vehicle deliveries in Q3 2025

During the third quarter of 2025, Tesla delivered a total of 497,099 vehicles, significantly beating analyst expectations of 443,079 vehicles. As per Cantor Fitzgerald, this was likely affected by customers rushing at the end of Q3 to purchase an EV due to the end of the federal tax credit, as noted in an Investing.com report.ย 

โ€œOn 10/2, TSLA pre-announced that it delivered 497,099 vehicles in 3Q25 (its highest quarterly delivery in company history), significantly above Company consensus of 443,079, and above 384,122 in 2Q25. This was due primarily to a ‘push forward effect’ from consumers who rushed to purchase or lease EVs ahead of the $7,500 EV tax credit expiring on 9/30,โ€ the firm wrote in its note.

A bright spot in Tesla Energy

Cantor Fitzgerald also highlighted that while Teslaโ€™s full-year production and deliveries would likely fall short of 2024โ€™s 1.8 million total, Teslaโ€™s energy storage business remains a bright spot in the companyโ€™s results.

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โ€œTesla also announced that it had deployed 12.5 GWh of energy storage products in 3Q25, its highest in company history vs. our estimate/Visible Alpha consensus of 11.5/10.9 GWh (and vs. ~6.9 GWh in 3Q24). Tesla’s Energy Storage has now deployed more products YTD than all of last year, which is encouraging. We expect Energy Storage revenue to surpass $12B this year, and to account for ~15% of total revenue,โ€ the firm stated. 

Teslaโ€™s strong Q3 results have helped lift its market capitalization to $1.47 trillion as of writing. The company also teased a new product reveal on X set for October 7, which the firm stated could serve as another near-term catalyst.

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