Musk’s Pay War: Tesla to Challenge Court, Move to Texas

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Reinstating Elon Musk’s Billionaire Pay Package

After a Delaware judge deemed Elon Musk’s billion compensation package invalid earlier this year, Tesla is rallying shareholders to overturn that decision. The automaker plans to ask for a vote to greenlight a reinstated package, aiming to address the “fundamental problem” for the company created by the court ruling.

Elon Musk attends the premiere of 'Lola' in Los Angeles on February 3, 2024

Elon Musk’s Outsized Influence Questioned

The Delaware court’s decision hinged on determining who controlled Tesla: Musk or the company’s board of directors. Based on evidence presented, the court concluded that Musk exerted significant influence over the board’s decisions, including the determination of his own compensation.

Tesla, however, disputes this conclusion, arguing that the court “ignored material evidence” and “made errors of fact and incorrect conclusions of law.” The company also cites support from “dozens of institutional stockholders” who disagree with the court’s ruling.

Farewell to Delaware

Amidst the legal storm over his pay package, Musk tweeted, “Never incorporate your company in the state of Delaware.” Now, Tesla is acting on that suggestion. The company is proposing a move to Texas, arguing that it’s “home and future.”

Tesla’s decision reflects a shift among major companies. While Delaware has long been a preferred corporate haven, 35% of S&P 500 companies are now incorporated elsewhere. Tesla cites Texas’s favorable business climate and the court system in its decision.

**Uncertain Battles Ahead**

Tesla’s efforts to reinstate Musk’s pay package and move to Texas are likely to be met with strong opposition. Shareholders and the Delaware court itself will scrutinize the company’s arguments and assess the potential impact of these changes.

Tesla’s proposed moves represent a bold gamble by the company and its CEO. The reinstatement of Musk’s outsized compensation and the relocation to Texas underscore the maverick style of Tesla’s leadership and their willingness to challenge established corporate norms. It remains to be seen whether shareholders and courts will embrace this new chapter in Tesla’s history.