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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 (“TBMs”) 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 (“BCI”). The research, development, design, manufacture, testing, and certification of medical devices and BCI’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 BCI’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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Tesla CEO Elon Musk sends rivals dire warning about Full Self-Driving

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Credit: Tesla

Tesla CEO Elon Musk revealed today on the social media platform X that legacy automakers, such as Ford, General Motors, and Stellantis, do not want to license the company’s Full Self-Driving suite, at least not without a long list of their own terms.

“I’ve tried to warn them and even offered to license Tesla FSD, but they don’t want it! Crazy,” Musk said on X. “When legacy auto does occasionally reach out, they tepidly discuss implementing FSD for a tiny program in 5 years with unworkable requirements for Tesla, so pointless.”

Musk made the remark in response to a note we wrote about earlier today from Melius Research, in which analyst Rob Wertheimer said, “Our point is not that Tesla is at risk, it’s that everybody else is,” in terms of autonomy and self-driving development.

Wertheimer believes there are hundreds of billions of dollars in value headed toward Tesla’s way because of its prowess with FSD.

A few years ago, Musk first remarked that Tesla was in early talks with one legacy automaker regarding licensing Full Self-Driving for its vehicles. Tesla never confirmed which company it was, but given Musk’s ongoing talks with Ford CEO Jim Farley at the time, it seemed the Detroit-based automaker was the likely suspect.

Tesla’s Elon Musk reiterates FSD licensing offer for other automakers

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Ford has been perhaps the most aggressive legacy automaker in terms of its EV efforts, but it recently scaled back its electric offensive due to profitability issues and weak demand. It simply was not making enough vehicles, nor selling the volume needed to turn a profit.

Musk truly believes that many of the companies that turn their backs on FSD now will suffer in the future, especially considering the increased chance it could be a parallel to what has happened with EV efforts for many of these companies.

Unfortunately, they got started too late and are now playing catch-up with Tesla, XPeng, BYD, and the other dominating forces in EVs across the globe.

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Tesla backtracks on strange Nav feature after numerous complaints

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Credit: Tesla

Tesla is backtracking on a strange adjustment it made to its in-car Navigation feature after numerous complaints from owners convinced the company to make a change.

Tesla’s in-car Navigation is catered to its vehicles, as it routes Supercharging stops and preps your vehicle for charging with preconditioning. It is also very intuitive, and features other things like weather radar and a detailed map outlining points of interest.

However, a recent change to the Navigation by Tesla did not go unnoticed, and owners were really upset about it.

Tesla’s Navigation gets huge improvement with simple update

For trips that required multiple Supercharger stops, Tesla decided to implement a naming change, which did not show the city or state of each charging stop. Instead, it just showed the business where the Supercharger was located, giving many owners an unwelcome surprise.

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However, Tesla’s Director of Supercharging, Max de Zegher, admitted the update was a “big mistake on our end,” and made a change that rolled out within 24 hours:

The lack of a name for the city where a Supercharging stop would be made caused some confusion for owners in the short term. Some drivers argued that it was more difficult to make stops at some familiar locations that were special to them. Others were not too keen on not knowing where they were going to be along their trip.

Tesla was quick to scramble to resolve this issue, and it did a great job of rolling it out in an expedited manner, as de Zegher said that most in-car touch screens would notice the fix within one day of the change being rolled out.

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Additionally, there will be even more improvements in December, as Tesla plans to show the common name/amenity below the site name as well, which will give people a better idea of what to expect when they arrive at a Supercharger.

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Dutch regulator RDW confirms Tesla FSD February 2026 target

The regulator emphasized that safety, not public pressure, will decide whether FSD receives authorization for use in Europe.

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The Dutch vehicle authority RDW responded to Tesla’s recent updates about its efforts to bring Full Self-Driving (Supervised) in Europe, confirming that February 2026 remains the target month for Tesla to demonstrate regulatory compliance. 

While acknowledging the tentative schedule with Tesla, the regulator emphasized that safety, not public pressure, will decide whether FSD receives authorization for use in Europe.

RDW confirms 2026 target, warns Feb 2026 timeline is not guaranteed

In its response, which was posted on its official website, the RDW clarified that it does not disclose details about ongoing manufacturer applications due to competitive sensitivity. However, the agency confirmed that both parties have agreed on a February 2026 window during which Tesla is expected to show that FSD (Supervised) can meet required safety and compliance standards. Whether Tesla can satisfy those conditions within the timeline “remains to be seen,” RDW added.

RDW also directly addressed Tesla’s social media request encouraging drivers to contact the regulator to express support. While thanking those who already reached out, RDW asked the public to stop contacting them, noting these messages burden customer-service resources and have no influence on the approval process. 

“In the message on X, Tesla calls on Tesla drivers to thank the RDW and to express their enthusiasm about this planning to us by contacting us. We thank everyone who has already done so, and would like to ask everyone not to contact us about this. It takes up unnecessary time for our customer service. Moreover, this will have no influence on whether or not the planning is met,” the RDW wrote. 

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The RDW shares insights on EU approval requirements

The RDW further outlined how new technology enters the European market when no existing legislation directly covers it. Under EU Regulation 2018/858, a manufacturer may seek an exemption for unregulated features such as advanced driver assistance systems. The process requires a Member State, in this case the Netherlands, to submit a formal request to the European Commission on the manufacturer’s behalf.

Approval then moves to a committee vote. A majority in favor would grant EU-wide authorization, allowing the technology across all Member States. If the vote fails, the exemption is valid only within the Netherlands, and individual countries must decide whether to accept it independently.

Before any exemption request can be filed, Tesla must complete a comprehensive type-approval process with the RDW, including controlled on-road testing. Provided that FSD Supervised passes these regulatory evaluations, the exemption could be submitted for broader EU consideration.

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