Tesla chair begs investors to bless Musk's billions or face an Elon exodus
- Reference: 1717763412
- News link: https://www.theregister.co.uk/2024/06/07/tesla_board_musk_payout/
- Source link:
Under a [1]2018 deal widely seen as a publicity stunt because it verged on ridiculous, Musk would earn nothing from his work unless Tesla's market cap grew to $650 billion from $53 billion. However unlikely, that sum peaked in November 2021 at $1.24 trillion, though it stands at $557.57 billion today.
In return, Musk would be granted massive options worth a nominal $56 billion at the time. It's now looking more like $46 billion due to the tribulations of one of the worse performing stocks in the S&P500 of 2024 so far, down about 28 percent year-to-date.
[2]
This was all torn up anyway by the Delaware Court of Chancery, which [3]voided the compensation in January after a shareholder alleged the award was excessive. The court decided it was illegally approved due to Musk's close ties with the board and substantial influence over the electric car company.
[4]
[5]
Since then, Denholm has been cracking the whip among shareholders to [6]re-ratify the compensation and incorporate in Texas to avoid another awkward ruling. Now with [7]days to go until polls close , her [8]letter , submitted to the US Securities and Exchange Commission, appears to be a last gasp to make sure everyone's following the party line – that Musk gets his billions lest he ditch Tesla.
The thrust is that retaining Musk's extraordinary talent takes extraordinary compensation, and focuses on the lengths Tesla is willing to go in order to maintain his "attention" and "motivation" when his business interests are so vast and disparate. Also, a deal's a deal, right?
[9]
"Fairness and respect require that we honor the collective commitment we made to Elon – a commitment that was, and fundamentally still is, about retaining Elon's attention and motivating him to focus on achieving astonishing growth for our company," Denholm wrote. "Elon's unique contributions have built Tesla from a company that was, in 2018, a loss-making, ambitious company with significant hurdles and challenges to overcome into what it is today – a company that is literally changing the world by driving so many critical initiatives that are making our planet more sustainable while at the same time delivering hundreds of billions of dollars of value to all of you who invested in Tesla's dream. These contributions should be respected."
[10]Elon Musk confirms 12K H100s ordered for Tesla were instead prioritized for xAI
[11]Tesla slams advisors for not loving Musk's $44.9B payout
[12]NYC Comptroller and hedge funds urge Tesla shareholders to deny Musk $50B windfall
[13]Tesla asks shareholders to reinstate Musk's voided $56B pay package
Never mind that even the lower nominal value of $46 billion is 136 percent of the entire cumulative net profit Tesla has made since shareholders approved the package. But it's not about the money, Denholm insisted.
"We all know Elon is one of the wealthiest people on the planet, and he would remain so even if Tesla were to renege on the commitment we made in 2018. Elon is not a typical executive, and Tesla is not a typical company. So, the typical way in which companies compensate key executives is not going to drive results for Tesla. Motivating someone like Elon requires something different. This is one of the key reasons the Award also requires Elon to hold any shares he receives upon exercise of stock options for five years after he exercises the options – which can only serve to incentivize him to continue delivering value to Tesla and our stockholders."
As for domiciling in Texas, Denholm argued that "marrying our legal home to our operational home" provides shareholders "with substantially equivalent governance rights as Delaware, and is expected to provide more certainty for the innovative, big-ticket decisions that Tesla is known for," and definitely has nothing to do with the fact that the Delaware court struck down Musk's compensation.
"Being incorporated in Texas provides the best platform for Tesla to grow and innovate because we believe that Texas legislators and courts are in the best position to fairly develop and make decisions about corporate law that applies to Tesla, especially when our next big bet pays off beyond anyone's wildest expectations."
[14]
In the weeks leading up to the Annual Stockholders' Meeting, there has been equal pushback against Musk's award. Last month a bloc including hedge funds and the NYC Comptroller urged investors [15]to turn him down for a litany of reasons , not least that "the lack of Board oversight has effectively enabled Musk to use Tesla as a coffer for himself and his other business endeavors, even if these actions come at Tesla's expense."
As for whether Musk deserves the largest payout in the history of corporate America, well, shouldn't he own the crash in market cap that wiped out about $680 billion too? Just our two cents. ®
Get our [16]Tech Resources
[1] https://ir.tesla.com/press-release/tesla-announces-new-long-term-performance-award-elon-musk
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZmMupn2I2zNRPMmDxkRjrwAAAMM&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.reuters.com/legal/judge-rules-favor-plaintiffs-challenging-musks-tesla-pay-package-2024-01-30/
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZmMupn2I2zNRPMmDxkRjrwAAAMM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZmMupn2I2zNRPMmDxkRjrwAAAMM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://www.theregister.com/2024/04/17/tesla_reinstate_musk_pay/
[7] https://www.theregister.com/2024/05/15/tesla_shareholder_vote_on_giving/
[8] https://www.sec.gov/Archives/edgar/data/1318605/000110465924068792/tm2413800d20_defa14a.htm
[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZmMupn2I2zNRPMmDxkRjrwAAAMM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[10] https://www.theregister.com/2024/06/05/elon_musk_confirms_h100_destined/
[11] https://www.theregister.com/2024/05/30/tesla_musk_pay/
[12] https://www.theregister.com/2024/05/21/letter_penned_by_nyc_comptroller/
[13] https://www.theregister.com/2024/04/17/tesla_reinstate_musk_pay/
[14] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZmMupn2I2zNRPMmDxkRjrwAAAMM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[15] https://www.theregister.com/2024/05/21/letter_penned_by_nyc_comptroller/
[16] https://whitepapers.theregister.com/
Re: "The thrust is that retaining Musk's extraordinary talent takes extraordinary compensation"
I have a funny feeling that Tesla might actually do better in his absence.
With me, that'd be at least two. However, by my guesstimate, many would wholeheartedly agree with the statement.
So, Hey, Musky person, please leave and let the door kick you on your way out.
Re: "The thrust is that retaining Musk's extraordinary talent takes extraordinary compensation"
You forgot
[6] Goes into perpetual paranoid right-wing wacko mode — offending and driving away the main demographic that's buying electric vehicles.
I've certainly crossed Tesla of my list of cars to look at, and a large part of that decision is based on wanting in no way to provide support for or be associated with Elon Musk.
The Birds (Aristophanes)
Even for a gaga nation this is cloud cuckoo land material.
How about ketamine lad sods off for five years and if Tesla's position improves he gets nowt and if it goes belly up ... well he still gets zilch. If Tesla survives but has gone backwards he can have whatever he manages to extract.
The sad and sorry truth is he will probably get these billions.
“that was, and fundamentally still is, about retaining Elon's attention”
WTF is wrong with these people? Xitler spends 10 minutes a week on Tesla, tops.
Xitler spends 10 minutes a week on Tesla, tops. And he spends it [1]firing the people who generate the company's future income .
[1] https://arstechnica.com/cars/2024/04/tesla-to-lay-off-everyone-working-on-superchargers-new-vehicles/
I wonder if that was compliant with the chairs statement
that "Fairness and respect require that we honor ..."
I hope that in the future all Tesla announcements and personel decisions will be viewed against that standard.
“that was, and fundamentally still is, about retaining Elon's attention”
Have they tried a laser pointer or a feather on a piece of string? Works for cats, but maybe we've got a longer attention span.
I think a laser pointer or feather might not be enough... perhaps some percussive maintenance on his head with large hammer? I suspect Elon's issue is that his ego is bigger than his brain.
"Tesla is not a typical company"
In what way?
It has shareholders and a board, and employs people.
It makes products, and sells them...
Apart from the monstrous ego involved at the top, what makes it different structurally from another car company?
Re: "Tesla is not a typical company"
It has shareholders and a board, and employs people.
It makes products, and sells them...
Apart from the monstrous ego involved at the top
Sounds like mos of Fortune 500 companies.
It would certainly have described Apple, Oracle, Facebook et al to a tee... I can't even begin to imagine what BlackRock etc or the large Pharma companies are like.
Then we have the government in the same position except they don't make anything, they only spend.
Re: "Tesla is not a typical company"
> Then we have the government in the same position except they don't make anything, they only spend.
Nice roads you have there... same with sewer, and water lines, and power. Also, your code compliance folks that make sure that when stuff is done to your house, it won't bite you in the behind by burning your house down or causing massive amounts of water damage. How about them folks working for your health and safety board/organization making sure that folks working in (among places) factories and on those pretty roads get to do that work in a manner that increases their probability of a) being able to go home at the end of the day and b) doing the former in one piece.
I could go on but hopefully I have made my point.
Goodness, what an ignorant statement your last sentence was.
Taxes are the price you pay for a functioning society, not a perfect one, but a functioning one. It makes the things you never notice, work. And you never notice them /because/ they work... until they don't.
But all of those things cost money, so yes... government has to spend money on that because no-one else would otherwise. And those that claim would, would in the long run cost you more than when government is doing it.
It's going to be approved
The valuation of Tesla these days has more to do with Elon than with how many cars they sell. He claims Tesla will become an AI company. He claims Tesla will create robotaxis. As absurd as these sound, the stock jumps on every of his announcements. If he does not get his money and leaves Tesla aside, the stock will crash. People who own the stock don't want to see it crash. So they'll approve his $56B pay package.
Re: It's going to be approved
What they say about fools and money
Re: It's going to be approved
The point is that here, people who own the stock are fools, but voting for the pay package is actually still in their interest. They trusted Elon with their money, and now he is holding them hostage.
Re: It's going to be approved
That's exactly what Broadcom have just done with VMware.
Re: It's going to be approved
Pretty much this. As much as Teslaboy is loathed in this forum, the market "value" of Tesla is tied to his name and shenanigans.
As long as elon elons around, nobody seems to take a closer look at the persistent downsides of tesla vehicles, majorly the poor build quality and much more so the subobtimal battery design, with the BMS in each battery sub block not controlling single cells but several of them welded in parallel. Manufacturing tolerance of the cells will bite this kind of battery, no matter how much care was invested in matching voltages when welding them together.
The next stupid step from the 18650 standard cells (to be fair, it was a good idea in the starting phase to rely on standard cells to get the thing working as fast as possible, instead of going BYD and designing specific batteries) to this ridiculous "super cells" will worsen the issues of thermal buildup within the cell as a thicker cell is less able to dissipate heat into the surrounding coolant fluid. While a thicker round cell might have more capacity, the contact surface of anode and cathode are the issue here.
Now would be the time to really redesign the battery concept, use the "blade" cells from BYD to exchange coolant system with rectangular, more stable cells with way larger connectors or maybe even go solid state cell tech.
I assume, however, that this will not happen. Instead, i expect the elonic distract-a-bot will keep clowning around until he suddenly throws all his stock on the market and makes a snappy "i have my pockets filled, wish you a nice bancruptcy" bailout.
Incentive
Imagine you have enough money for you, family and friends to live in luxury for the rest of your lives while indulging your expensive hobby: Kerbal Space Program with real rockets. On top of that you have $240B. Another $40B to put next to that $240B is not really an incentive to go to work and do anything constructive.
Musk's previous value to Tesla was telling lies on Twitter that many people used to believe. As his lawyers have said, no reasonable person would consider a Musk Tweet to be a source of factual information. We have already found there is a limit to the number of unreasonable people willing to buy more Tesla shares so Musk's current value to Tesla share holders is limited.
A more convincing sales pitch would be "Give me $40B or I will do to Tesla what I did to Twitter". It would be a solid argument too if he had not already made so much progress in that direction.
You promise?
Don't be a tease.
Percentages
If Musk's deal is 136% of the profits made since the deal was made, then the rise in the share cap from $53B to $557.57B is 1,491% of the profits made in this time.
The whole lot is over inflated nonsense isn't it?
Re: Percentages
"The whole lot is over inflated nonsense isn't it?"
Absolutely. But it's a touch unusual this investment bubble is an Elonmania. All of your common or garden investment manias (AI, tech, classic cars, property, stocks, stamps, jojoba beans, railways, tulips etc) were based on the idea that multiple companies or products were worth more than they ever could be. But in this case it's not about Tesla's now very ordinary product, it's about the man. More religion than mania perhaps.
The nearest comparators to Elonmania could be the life's great works of Charles Ponzi or Bernie Madoff. Or perhaps the South Sea Bubble, which was almost entirely a single company - but where was the venerated leader in the South Sea Bubble you ask? Well, that would be King George I, who became governor of the South Sea Company in 1718, when the share price was about £120. What could be more compelling than investing in a business overseen by His Sovereign Majesty? Within two years it had climbed on no foundations to £950, from where it rocked gently down to £700, before completely collapsing in September 1720.
So there you have the question: Is Elon a modern day King George? Or more like Ponzi and Madoff?
The next big (Tesla) thing
Can't wait for RoboTaxi on Aug 8 to send Tesla stock into the stratosphere!
Wave him off
Give him a bicycle
Hire a taxi
Build a trebuchet
Anything.
Just be rid!
Re: Wave him off
Trebuchet, please. But not a manky old wood one. I want it to be a huge techno trebuchet, at least 400 feet tall, and flicking him off at a skin peeling Mach 2. Ideally facing a nice big cliff.
The base of Beachy Head would be perfect, and the white cliff would make for a proper spectacle.
Motivating someone like Elon requires something different
Well get him a bouncy castle, a dominatrix and a barrel of goose fat then, instead of all that boring old cash.
Re: Motivating someone like Elon requires something different
I volunteer to trial that.
I love that the chair is such a sock puppet.
This is a master class in the meaningless slogan "maximize value for the shareholders"
If he promise to leave, I will vote NO for sure.
"The thrust is that retaining Musk's extraordinary talent takes extraordinary compensation"
What extraordinary talent specifically?
[1] upsetting lots of staff by micromanagement?
[2] sacking anyone who argues with him?
[3] coming up with impractical concepts, attempts at the engineering of which soaks up millions?
[4] widely ignoring the health and safety of his engineering staff?
[5] etc.
I have a funny feeling that Tesla might actually do better in his absence.