DealBook Briefing: The S.C. Can not Change Elon Musk



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Good Monday morning Just at: General Electric Deletion of John Flannery as C.E.O. and named H. Lawrence Culp Jr. as his replacement. (Was this email sent to you? register here.)

Elon Musk reached an agreement with the S / E on Saturday night to resolve the securities fraud charges related to his offer to take Tesla privately. The agreement requires him to step down as president of the automaker for three years – although he can stay – and pay a $ 20 million fine. Tesla must also appoint two independent directors and monitor Mr. Musk's communications with investors.

Mr. Musk met with Mark Cuban, an entrepreneur who fought against the S.E.C. before going back on his decision to settle.

The transaction means that Mr. Musk is not likely to be banned from serving as a director or director of a public company and has been coerced by lawyers and shareholders. (Tesla shares fell on Friday, giving short sellers $ 1.3 billion in profits.)

But how much will change?

Investors express hope that new board members will force Musk to focus on problem solving. The many problems of Tesla. In particular, the need to appoint a new president could give Tesla a chance to install a stranger with a new perspective.

But critics quickly stressed that the new president would probably fill the position for a short time. And the two new directors could be rejected by the other board members, who are widely considered to be close to Musk. (Among them is his brother, Kimbal.)

The fact that the company is monitoring Musk's communications with the outside world is perhaps the most important change, given the troubles his tweets have caused. But little has changed so far: he e-mailed Tesla employees Sunday to promise him a quick profit. And this morning he tweeted a link to the video clip "O.P.P." from … Naughty by Nature.

Premium: It is worthwhile to think about the message of the S / C sent here. Mr Musk reportedly gave up an agreement with the agency last Thursday, convinced that he had done nothing wrong. By settling in two days later, the HQ seemed to have taken into account Chief Tesla's quick change of heart.

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Today's briefing was written by Andrew Ross Sorkin in New York, Michael J. de la Merced and Jamie Condliffe in London.

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