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Elon Musk stands his ground against SEC as Tesla heads towards historic Q3

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Tesla was rocked on Thursday after news emerged that the SEC has filed a lawsuit against CEO Elon Musk over his tweets last August stating that he was considering taking the company private at $420 per share, and that he had “funding secured.” As Tesla feels the fallout resulting from the SEC’s lawsuit, details of the commissions’ filing, including a failed settlement with Musk and his legal team, are coming to light.

It should be noted that Elon Musk himself is the only entity named in the SEC lawsuit, not Tesla as a company. No criminal charges against Musk have been put forward as well. Nevertheless, several of the company’s skeptics have welcomed the news. Former GM executive Bob Lutz, for one, who recently claimed that Tesla is “headed for the graveyard” since it has “no tech advantage, no software advantage, and no battery advantage” against established automakers, noted in an email to the Los Angeles Times that Musk is “toast.” The steep 9.9% drop during after-hours trading also weighed down on Tesla stock (NASDAQ:TSLA) heavily, ironically dealing damage to the company’s investors.

A report published by the Wall Street Journal outlines a rather unique set of events that led up to the SEC’s decision to file a suit against Elon Musk. According to individuals reportedly familiar with the matter, the SEC had actually crafted a settlement for Elon Musk that was approved by the agency’s commissioners. Musk’s legal team reportedly called SEC’s lawyers in San Francisco on Thursday, stating that they were no longer interested in proceeding with the settlement. With this, the SEC reportedly rushed to craft a complaint against Musk, which was filed later during the day.

The reasons behind Elon Musk’s decision to walk away from a settlement with the SEC are yet to be revealed, but by doing so, Musk has taken on what could very well be his most dangerous legal battle to date. The SEC, after all, is not only demanding that Musk pay civil penalties; the commission is also demanding that he be prohibited from acting as an officer or director of a publicly-traded company. Musk, for his part, gave a brief statement to CNBC regarding the SEC’s lawsuit against him.

“This unjustified action by the SEC leaves me deeply saddened and disappointed. I have always taken action in the best interests of truth, transparency, and investors. Integrity is the most important value in my life, and the facts will show I never compromised this in any way,” Musk said.

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Tesla’s Board of Directors has issued a statement expressing its full support for Elon Musk. The board’s statement, while brief, emphasized that apart from standing behind the beleaguered CEO, Tesla is focused on its fundamentals, particularly the ongoing Model 3 production ramp. Following is the Telsa Board of Directors’ statement about the SEC filing.

“Tesla and the board of directors are fully confident in Elon, his integrity, and his leadership of the company, which has resulted in the most successful U.S. auto company in over a century. Our focus remains on the continued ramp of Model 3 production and delivering for our customers, shareholders, and employees.”

Considering that he opted to walk away from a settlement with the SEC, it appears that Elon Musk is once more choosing to pursue a more difficult path forward. Such tendencies are classic Elon Musk, though past announcements from the CEO do suggest that he foresaw adverse developments coming in Tesla’s direction. In a letter to the company’s employees earlier this month, for example, Musk urged employees to stand firm and focus on meeting its ambitious and self-imposed targets.

One of Tesla’s electric car assembly lines at its Fremont, CA factory.

“We are about to have the most amazing quarter in our history, building and delivering more than twice as many cars as we did last quarter. For a while, there will be a lot of fuss and noise in the media. Just ignore them. Results are what matter and we are creating the most mind-blowing growth in the history of the automotive industry,” Musk wrote.

Elon Musk’s statement in his letter to employees does not seem to be an exaggeration. In true Tesla fashion, the company is now in the process of delivering as many of its electric cars to as many reservation holders as possible. The Model 3 production ramp, which seems to have hit its stride since Tesla managed to hit its goal of producing 5,000 units per week at the end of Q2, appears to be going strong as well. Deliveries have also increased to the point where some owners of the company’s electric cars have volunteered to help out Tesla’s delivery centers by orienting new owners with the features and functions of their vehicles.

Tesla is aiming to produce and deliver more than 50,000 Model 3 this quarter. While such a number is ambitious, even longtime skeptics of the company such as Goldman Sachs analyst David Tamberrino have noted that Tesla’s production and delivery figures for Q3 2018 would likely be within the company’s target. Tesla board member Kimbal Musk also pointed out in a CNBC Closing Bell segment that “it’s really gonna blow people’s minds how many Model 3s are gonna appear in America in just the next couple of weeks.”

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Twitter co-founder Jack Dorsey endorses Elon Musk Tesla pay package

Dorsey framed the pay package as an engineering and governance crossroads for Tesla.

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Twitter co-founder and Square CEO Jack Dorsey has publicly backed Elon Musk’s leadership ahead of Tesla’s pivotal shareholder vote, which is expected to be decided later today at the company’s 2025 annual meeting. 

Dorsey framed the pay package as an engineering and governance crossroads for Tesla.

Dorsey’s public nod framed as an engineering defense of Musk

In a post on X, Dorsey weighed in on Tesla’s post about being in a “critical inflection point.” As per the Twitter-co-founder, the vote on Musk’s 2025 performance award is not about compensation. Instead, it’s about ensuring the path for the company’s engineering in the coming years. 

“This is not about compensation. it’s about ensuring a principled (and exciting!) engineering approach to the company’s future,” Dorsey wrote on his post, later stating that users of Cash app with TSLA shares would be able to vote for the CEO’s proposed 2025 performance award. 

Elon Musk appreciated Dorsey’s endorsement, responding to the Twitter co-founder’s post with a heart emoji. Musk has been pretty thankful for the support for is fellow tech executives, also thanking Michael Dell recently, who also advocated for its proposed 2025 performance award.

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Musk’s support

While Elon Musk’s 2025 performance award has received opposition from proxy advisors such as Glass Lewis and ISS, it has received quite a lot of support from longtime bulls such as ARK Invest, and, more recently, Schwab Asset Management following calls from TSLA retail shareholders. 

“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,” Charles Schwab told Teslarati.

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Tesla Robotaxi and autonomy dreams lean on shareholders: Wedbush

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Credit: Tesla Europe & Middle East/X

Tesla’s dreams of developing a Robotaxi suite that utilizes a fully autonomous platform developed by the company’s top-tier talent now lean on shareholders and perhaps the most crucial vote in its history.

That’s what Dan Ives of Wedbush said in a new note to investors on Wednesday. As the Annual Shareholders’ Meeting is now just one day away, investors are down to their final chance to vote for or against Elon Musk’s new compensation plan.

Ives wrote that, while the company has made its intentions clear, wanting to maintain Musk, pay him accordingly, and give him the voting power he has long wanted, ultimately, the responsibility falls on investors.

As many retail shareholders have pushed for people to vote for Musk’s compensation package, there are a handful of large-scale funds and firms that have decided to go in another direction. Bullish Wall Street firms, Wedbush being one of them, believe it is crucial for Tesla to maintain Musk.

The vote could have major implications on whether Tesla launches an autonomous Robotaxi suite in the near future, Ives says:

“Getting Musk’s pay package approved tomorrow at the highly anticipated meeting will be a big step towards advancing Tesla’s future goals with the autonomous and Robotaxi roadmap ahead.”

While some investors are convinced the company is ready to go in a different direction simply based on Musk’s political involvement over the past year, many investors are under the impression that the development of Tesla’s autonomy suite, as well as its prowess in the EV sector, would fall if Elon were not at the helm.

Tesla’s Board of Directors has already stated that they have received confirmation that Musk’s political involvement would wind down in a timely manner. Moving forward, his focus will not veer from the mission of any of his companies; at least that’s what can be gathered from some of the Board’s communications over the past month.

Musk’s new compensation package is incentivized by performance metrics and will require him to achieve a handful of lofty tranches. He will not get paid unless he drives shareholder value, which is something many skeptics tend to leave out.

Ives continues:

“This new incentive-driven pay package for Musk would also provide an additional 423 million shares of common stock (~12% of shares), which would increase his ownership of Tesla up to ~25% voting power, which we believe was critical to keep Musk at the helm to lead Tesla through the most critical time in the company’s history. We believe this was the smart move by the Board to lay out these incentives/pay package at this key time as the biggest asset for Tesla is Musk…and with the AI Revolution, this is a crucial time for Tesla ahead with autonomous and robotics front and center.”

Wedbush maintained its Outperform rating and $600 price target on shares.

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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.

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:

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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