Musk under SEC investigation: Delayed disclosure of Twitter shares saved nearly $1 billion

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The U.S. Securities and Exchange Commission (SEC) is investigating Elon Musk’s delay in disclosing his large stake in Twitter last month, people familiar with the matter said . The delay allowed him to buy more shares without informing other shareholders of their holdings.

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The SEC is investigating Musk’s delay in filing public forms, people familiar with the matter said. Investors are required to file public forms when they buy more than 5% of a company’s shares, according to the rules. The disclosure is an early signal to shareholders and the company that a significant investor may be trying to control or influence a company. Musk filed the form on April 4, at least 10 days after he met the disclosure threshold . Musk has not publicly explained why the form was not filed in time.

Daniel Taylor, an accounting professor at the University of Pennsylvania, said Musk’s failure to report that his Twitter holdings had crossed the 5% disclosure threshold may have saved him more than $143 million ($961 million). ) , because if the market knew that the billionaire was holding more and more shares, Twitter’s stock price could be higher.

The SEC may drop an investigation without filing a civil lawsuit because not all investigations lead to formal lawsuits. The SEC’s lawsuit against Musk is unlikely to derail the Twitter deal, which has already been approved by Twitter’s board. Jill E. Fisch, a professor of securities and corporate law at the University of Pennsylvania, said the SEC typically lacks the power to block mergers or going private transactions. Separately, the U.S. Federal Trade Commission is also investigating whether Musk violated a law that requires companies and individuals to report certain large transactions to antitrust enforcement agencies .

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