Маск - Elon Reeve Musk и его компании

Параллельно свое расследование против Tesla ведет Комиссия по ценным бумагам и биржам США (SEC). По информации Bloomberg, расследование SEC началось еще до твита Маска. В комиссии заинтересовались обоснованностью заявлений Tesla о производственных целях и запланированных объемах продаж автомобилей.

 

"Because of our renewed conviction post-meetings of a multi-year double digit growth profile for AMD we are raising our price target."

 

"We believe AMD has a multi-year advantage vs. Intel in CPUs with 7nm and a 6-month plus advantage vs. Nvidia in GPUs for the datacenter."

 

Am considering taking Tesla private at $420. Funding secured.

 

Tesla -6% on report of SEC action

Tesla (NASDAQ:TSLA) CEO Elon Musk has been sued by the SEC, according to a Bloomberg headline.The lawsuit was filed in federal court in Manhattan.The story is developing. Updates will be posted. Shar //  seekingalpha.com

 

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SEC charges Tesla CEO Elon Musk with fraud

Sources close to the company told CNBC the company was also expecting to be sued, though Tesla was not named as a defendant in the complaint. //  www.cnbc.com

 

"A chairman and CEO of a public company has important responsibilities to shareholders," Stephanie Avakian, co-director of the SEC's division of enforcement, said during the press conference. "Those responsibilities include the need to be scrupulous and careful about the truth and accuracy of statements made to the investing public, whether those statements are made in traditional forms such as a press release or an earnings call or through less formal methods such as Twitter or other social media."

"Neither celebrity status nor reputation as a technological innovator provide an exemption from the federal securities laws," she said.

 

The SEC, in its complaint, alleged:

Musk knew that he (1) had not agreed upon any terms for a going-private transaction with the Fund or any other funding source; (2) had no further substantive communications with representatives of the Fund beyond their 30 to 45 minute meeting on July 31; (3) had never discussed a going-private transaction at a share price of $420 with any potential funding source; (4) had not contacted any additional potential strategic investors to assess their interest in participating in a going-private transaction; (5) had not contacted existing Tesla shareholders to assess their interest in remaining invested in Tesla as a private company; (6) had not formally retained any legal or financial advisors to assist with a going-private transaction; (7) had not determined whether retail investors could remain invested in Tesla as a private company; (8) had not determined whether there were restrictions on illiquid holdings by Tesla's institutional investors; and (9) had not determined what regulatory approvals would be required or whether they could be satisfied.

 

Мusk said in an interview with The New York Times that he calculated a take-private price of $420 by rounding $1 up from what would have been a 20 percent upside at the time.

"According to Musk, he calculated the $420 price per share based on a 20% premium over that day's closing share price because he thought 20% was a 'standard premium' in going-private transaction," the SEC alleged in its suit. "This calculation resulted in a price of $419, and Musk stated that he rounded the price up to $420 because he had recently learned about the number's significance in marijuana culture and thought his girlfriend 'would find it funny, which admittedly is not a great reason to pick a price.'"

 

United States Securities and Exchange Commission v. Musk

The U.S. Securites and Exchange Commission charged Elon Musk and Tesla with alleged fraud. //  www.scribd.com

 

SEC.gov | Elon Musk Settles SEC Fraud Charges; Tesla Charged With and Resolves Securities Law Charge

FOR IMMEDIATE RELEASE 2018-226 Washington D.C., Sept. 29, 2018 — The Securities and Exchange Commission announced today that Elon Musk, CEO and Chairman of Silicon Valley-based Tesla, Inc., has agreed to settle the securities fraud charge brought by the SEC against him last week.  The SEC also today charged Tesla with failing to have required disclosure controls and procedures relating to Musk’s tweets, a charge that Tesla has agreed to settle.  The settlements, which are subject to court approval, will result in comprehensive corporate governance and other reforms at Tesla—including Musk’s removal as Chairman of the Tesla board—and the payment by Musk and Tesla of financial penalties. //  Дальше — www.sec.gov

 

Musk and Tesla have agreed to settle the charges against them without admitting or denying the SEC’s allegations. Among other relief, the settlements require that:

Musk will step down as Tesla’s Chairman and be replaced by an independent Chairman. Musk will be ineligible to be re-elected Chairman for three years;
Tesla will appoint a total of two new independent directors to its board;
Tesla will establish a new committee of independent directors and put in place additional controls and procedures to oversee Musk’s communications;
Musk and Tesla will each pay a separate $20 million penalty. The $40 million in penalties will be distributed to harmed investors under a court-approved process.