Musk’s delay in disclosing Twitter stake triggers SEC probe

Musk disclosed a 9.2% stake in Twitter to the U.S. Securities and Exchange Commission on April 4, a delay of at least 10 days since surpassing the 5% threshold for revealing a shareholding.

May 12, 2022 10:28 am | Updated 10:28 am IST

FILE PHOTO: Elon Musk looks at his mobile phone in Cape Canaveral, Florida, U.S. January 19, 2020.

FILE PHOTO: Elon Musk looks at his mobile phone in Cape Canaveral, Florida, U.S. January 19, 2020. | Photo Credit: Reuters

U.S. regulators are investigating Elon Musk's delayed disclosure of his sizable stake in Twitter Inc last month, the Wall Street Journalreported on Wednesday, citing people familiar with the matter.

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Musk disclosed a 9.2% stake in Twitter to the U.S. Securities and Exchange Commission (SEC) on April 4, a delay of at least 10 days since surpassing the 5% threshold for revealing a shareholding, the report said.

An investor who crosses a 5% stake must file a form with the SEC within 10 days. It serves as an early sign to stakeholders that a big investor could seek to control the company.

The SEC declined to comment on the report and the Tesla Inc top boss did not immediately respond to a Reuters request for comment.

Apart from the delay, Musk's April 4 filing also characterised his stake as passive, meaning he did not plan to take over Twitter or influence its management or business.

The next day, however, he was offered a position on Twitter's board, and a couple of weeks later, the world's richest man had clinched a $44 billion deal to buy the social media giant.

Musk, known for his candid Twitter posts, has a long history of skirmishes with the SEC.

Most recently, a U.S. judge slammed him for trying to escape a settlement with the SEC requiring oversight of his Tesla tweets.

In April, the Information reported that the Federal Trade Commission is investigating whether Musk violated a law that requires companies and people to report certain large transactions to antitrust-enforcement agencies.

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