Tesla is vigorously defending CEO Elon Musk’s massive $56 billion compensation package, arguing that it has motivated him to create tremendous value for shareholders. The electric vehicle maker claims that a new compensation plan would be costlier for investors. This response comes days after a prominent proxy advisory firm, Institutional Shareholder Services (ISS), recommended that shareholders vote against the proposal, calling it excessive.
Tesla contends that ISS’s recommendation stems from a “technical misunderstanding,” asserting that the advisory firm recognises the company’s strong performance under Musk’s leadership. The compensation plan, approved by shareholders in 2018, rewards Musk based on Tesla’s market value and operational milestones.
However, a Delaware judge voided the plan in January, prompting Tesla to seek relocating its state of incorporation to Texas. The company argues that under Delaware law, ratification means the proposal must be accepted or rejected in its entirety. Tesla warns that a new pay package could result in an accounting charge exceeding $25 billion, compared to the original $2.3 billion charge for the 2018 award.
Tesla insists, “A deal should be a deal. He delivered on his end of the bargain. It’s time for us to deliver on ours,” emphasizing the company’s commitment to honoring the compensation agreement with Musk.
In other news, a Tesla investor, Michael Perry, has filed a lawsuit alleging that Elon Musk possessed nonpublic information about Tesla missing its fourth-quarter 2022 targets and sold shares based on this inside knowledge. The suit, filed in the Delaware Chancery Court on Thursday, claims that Musk “exploited his position at Tesla, and he breached his fiduciary duties” to the company and its shareholders by selling those Tesla shares to fund his acquisition of the social media platform X, formerly known as Twitter.
The lawsuit alleges that “Musk profited from his misconduct and his exploitation of material and adverse inside information.” Perry is asking the judge to order Musk to return the profits from his alleged improper trading back to Tesla.
The investor has accused Tesla’s directors of failing to ensure that Musk complied with legal obligations regarding stock sales and statements about the company’s financial performance.
According to the suit, Musk had previously touted Tesla’s quarterly performance earlier in 2022, stating that the company enjoyed “excellent demand” and expected “to sell every car we make as far into the future as we can see.” However, in November 2022, Musk learned that Tesla would not meet its targets for the fourth quarter. Before this information was officially announced, Musk allegedly dumped shares worth $7.53 billion.