Defendant Name: Tesla, Inc.

Defendant Type: Public Company

Document Reference: court_doc14_18-cv-08947

Document Details

Legal Case Name SEC v. Tesla, Inc.
Document Name Final Judgment as to Defendant Tesla, Inc.
Document Date 16-Oct-2018
Document Format Civil Proceeding
Case Number 18-cv-08947
Federal District Court New York, Southern District of New York
Federal District Judge Alison J. Nathan
Allegation Type Issuer Reporting and Disclosure
Document Summary The Court stated: "The Securities and Exchange Commission having filed a Complaint and Defendant Tesla, Inc. having entered a general appearance; consented to the Court's jurisdiction over Defendant in this matter only and the subject matter of this action; consented to entry of this Final Judgment without admitting nor denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in paragraph III); waived findings of fact and conclusions of law; waived any right to appeal from this Final Judgment."

Disgorgement & Penalty Information

Resolutions
Enjoinment
"Defendant shall comply with the following undertaking set forth therein within forty-five (45) days of the filing of the Consent to appoint an independent Chairman of the Company's Board of Directors ('Chairman') to replace Elon Musk, and agree not to reappoint Elon Musk to Chairman for a minimum of three years and unless such reappointment is approved by a majority vote of shareholders at such time. Upon request by the Company, the Commission staff may grant in its sole discretion an extension to the deadline set forth above [...] Defendant shall comply with the following undertakings set forth therein within ninety (90) days of the filing of the Consent to: (a) add two independent directors to the Company's Board of Directors [...] (b) create a permanent committee ("Committee") of the Company's Board of Directors [...] (c) employ or designate an experienced securities lawyer [...] (d) implement mandatory procedures and control to oversee all of Elon Musk's communications regarding the Company [...] (e) certify, in writing, compliance with the undertakings set forth above"
Monetary Penalties:

Civil Penalty

Individual:     $20,000,000.00 Shared:    

Related Documents:

2018-226 29-Sep-2018 Press Release--Civil Action
Elon Musk Settles SEC Fraud Charges; Tesla Charged With and Resolves Securities Law Charge
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.
comp-pr2018-226 29-Sep-2018 Complaint
Complaint
The Commission stated that: "This case involves the failure of Tesla, Inc. ("Tesla") to implement disclosure controls or procedures to assess whether information disseminated by its Chief Executive Officer, Elon Musk, via his Twitter account was required to be disclosed in reports Tesla files pursuant to the Securities Exchange Act of 1934 ("Exchange Act") within the time periods specified in the Commission's rules and forms."

Related Actions:

SEC v. Elon Musk