Author Topic: Musk's asset accrual and paying for Mars  (Read 123485 times)

Offline GregA

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Re: Musk's asset accrual and paying for Mars
« Reply #280 on: 09/08/2020 02:13 pm »
Musk's assets are now at the level such that only a complete failure/bankruptcy of Tesla would actually hurt his plans for Mars. And even then if SpaceX and it's subsidiaries flourish that may not even hurt his assets position with respect to his Mars plans.
I’m not sure if this is relevant to this thread, but are we still pretty sure Elon plans on funding Mars from his own wealth via selling his Tesla shares?

When he talks about thousands of ships and a million people, and a couple of percent of the gdp put towards Mars... that’s a lot, so he’ll need to convince vast numbers of people to join in, or get government support. His own funds would dry up quickly.

If he sells his shares quickly then Tesla will devalue due to a sell off and due to him clearly switching his focus to Mars.

I know Tesla will build Mars tech if Elon wants it to. So what if instead of plowing his money into SpaceX he somehow plows his money (via Tesla Shares) back into Tesla to subsidise Tesla building Moon/Mars Vehicles and a Mars Tesla Gigafactory? Tesla would buy cargo space on thousands of starship journeys to build Mars related infrastructure, which builds batteries and solar panels and vehicles on Mars.

I just don’t see Tesla as purely a money-for-Mars play anymore.

Online Redclaws

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Re: Musk's asset accrual and paying for Mars
« Reply #281 on: 09/08/2020 02:16 pm »
As a public company, Tesla’s ability to do stuff because Elon feels like it is actually relatively limited - he has a controlling interest (I think?  Perhaps not any more) but he also legal has duties to other shareholders and cannot just make the company subsidize unrelated things.  He can do a little stuff because he’s successful and people won’t complain, but he cannot use Tesla to push the Mars effort as suggested, it would be illegal.

Offline RedLineTrain

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Re: Musk's asset accrual and paying for Mars
« Reply #282 on: 09/08/2020 02:20 pm »
He has some options.

The way these things tend to work nowadays is that you take out a loan using the shares as collateral.  So he may never sell a share of Tesla while using those shares to fund SpaceX/Mars Trading Company.

Or he could do a Bezos and sell a certain number of shares every year.  It is true that Musk may own a higher percentage of Tesla than Bezos does of Amazon.

Offline RedLineTrain

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Re: Musk's asset accrual and paying for Mars
« Reply #283 on: 09/08/2020 02:21 pm »
he has a controlling interest (I think?  Perhaps not any more)

He doesn't have anywhere near a controlling interest of Tesla.  He owns ~20%.  Tesla has only one share class.

This is dissimilar to SpaceX.  Musk has a controlling interest by virtue of him owning more shares of the voting share class.
« Last Edit: 09/08/2020 02:24 pm by RedLineTrain »

Online butters

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Re: Musk's asset accrual and paying for Mars
« Reply #284 on: 09/08/2020 02:23 pm »
he has a controlling interest (I think?  Perhaps not any more)

He doesn't have anywhere near a controlling interest of Tesla.  He owns ~20%.
Elon owns the majority of the voting shares.

Offline RedLineTrain

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Re: Musk's asset accrual and paying for Mars
« Reply #285 on: 09/08/2020 02:24 pm »
he has a controlling interest (I think?  Perhaps not any more)

He doesn't have anywhere near a controlling interest of Tesla.  He owns ~20%.
Elon owns the majority of the voting shares.

No.  He owns ~20% of Tesla and has ~20% of the vote.  Tesla has only one share class.

Offline Frogstar_Robot

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Re: Musk's asset accrual and paying for Mars
« Reply #286 on: 09/08/2020 02:30 pm »
As a public company, Tesla’s ability to do stuff because Elon feels like it is actually relatively limited - he has a controlling interest (I think?  Perhaps not any more) but he also legal has duties to other shareholders and cannot just make the company subsidize unrelated things.  He can do a little stuff because he’s successful and people won’t complain, but he cannot use Tesla to push the Mars effort as suggested, it would be illegal.

If Tesla decides to invest in a Mars colony, by building a factory on Mars, paying SpaceX for transport, and maybe selling vehicles to SpaceX, that is all perfectly legal. And long as Tesla doesn't transfer money directly or indirectly into his private bank account, no laws are broken.

Of course, shareholders may kick up a fuss if they don't like it. Musk does not have a controlling interest, so they could get together and out vote him. Shareholders could also sue Tesla on various grounds, but that would be a civil action. Musk would try to persuade shareholders that investing in Mars is smart move and will make lots of money, quite possibly shareholders will believe him.

Edit: Musk owns about 21% of Tesla.
« Last Edit: 09/08/2020 02:34 pm by Frogstar_Robot »
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Offline Nomadd

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Re: Musk's asset accrual and paying for Mars
« Reply #287 on: 09/08/2020 02:33 pm »
he has a controlling interest (I think?  Perhaps not any more)
He doesn't have anywhere near a controlling interest of Tesla.  He owns ~20%.  Tesla has only one share class.
This is dissimilar to SpaceX.  Musk has a controlling interest by virtue of him owning more shares of the voting share class.
Tesla requires a supermajority (2/3) to enact any major changes. So, at 22%, Musk owns 2/3 of the shares needed to block anything he doesn't like. It would take 85% of the remaining votes to pass something against his wishes.
« Last Edit: 09/08/2020 02:38 pm by Nomadd »
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Offline OTV Booster

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Re: Musk's asset accrual and paying for Mars
« Reply #288 on: 09/08/2020 04:41 pm »
As a public company, Tesla’s ability to do stuff because Elon feels like it is actually relatively limited - he has a controlling interest (I think?  Perhaps not any more) but he also legal has duties to other shareholders and cannot just make the company subsidize unrelated things.  He can do a little stuff because he’s successful and people won’t complain, but he cannot use Tesla to push the Mars effort as suggested, it would be illegal.

If Tesla decides to invest in a Mars colony, by building a factory on Mars, paying SpaceX for transport, and maybe selling vehicles to SpaceX, that is all perfectly legal. And long as Tesla doesn't transfer money directly or indirectly into his private bank account, no laws are broken.

Of course, shareholders may kick up a fuss if they don't like it. Musk does not have a controlling interest, so they could get together and out vote him. Shareholders could also sue Tesla on various grounds, but that would be a civil action. Musk would try to persuade shareholders that investing in Mars is smart move and will make lots of money, quite possibly shareholders will believe him.

Edit: Musk owns about 21% of Tesla.
Change Mars to Lower Slobvinea, which has few developed natural resources, a tight labor pool and by normal standards, a small market for Tesla derived vehicles. Building a factory would be a massive money sink and would violate the only core legal requirement of a US corporation - to enhance shareholder value. It would be a non-starter.
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Offline Frogstar_Robot

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Re: Musk's asset accrual and paying for Mars
« Reply #289 on: 09/08/2020 04:54 pm »
Change Mars to Lower Slobvinea, which has few developed natural resources, a tight labor pool and by normal standards, a small market for Tesla derived vehicles. Building a factory would be a massive money sink and would violate the only core legal requirement of a US corporation - to enhance shareholder value. It would be a non-starter.

It's a widespread myth that company directors have a legal obligation to increase shareholder value. There is no such law.

Anyway, how could a court of law possibly decide beyond any reasonable doubt that investing in Lower Slobvinea would ultimately decrease shareholder value? Such a law would be totally unenforceable.

https://www.nytimes.com/roomfordebate/2015/04/16/what-are-corporations-obligations-to-shareholders/corporations-dont-have-to-maximize-profits
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Online Robotbeat

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Re: Musk's asset accrual and paying for Mars
« Reply #290 on: 09/08/2020 06:08 pm »
he has a controlling interest (I think?  Perhaps not any more)

He doesn't have anywhere near a controlling interest of Tesla.  He owns ~20%.
Elon owns the majority of the voting shares.

No.  He owns ~20% of Tesla and has ~20% of the vote.  Tesla has only one share class.
Wait, are you sure? I thought one of the reasons the S&P gave for not including Tesla is that Tesla has multiple share classes.
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Online Redclaws

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Re: Musk's asset accrual and paying for Mars
« Reply #291 on: 09/08/2020 06:22 pm »
Change Mars to Lower Slobvinea, which has few developed natural resources, a tight labor pool and by normal standards, a small market for Tesla derived vehicles. Building a factory would be a massive money sink and would violate the only core legal requirement of a US corporation - to enhance shareholder value. It would be a non-starter.

It's a widespread myth that company directors have a legal obligation to increase shareholder value. There is no such law.

Anyway, how could a court of law possibly decide beyond any reasonable doubt that investing in Lower Slobvinea would ultimately decrease shareholder value? Such a law would be totally unenforceable.

https://www.nytimes.com/roomfordebate/2015/04/16/what-are-corporations-obligations-to-shareholders/corporations-dont-have-to-maximize-profits

“Beyond reasonable doubt” is a criminal standard, the standard in civil cases in the US is phrased as “preponderance of evidence”, which is massively lower.  No need to eliminate doubt.

I am not saying he has a legal duty to maximize profits/shareholder value at all times (I agree that would be obviously unenforceable and result in absurd legal meddling in every corporate decision), but neither can he do whatever he wants.  Mars is obviously far more of a vanity project than any country on earth (limited labor force etc is not even close to the extremes of Mars), and the primary other business partner would be another company he controls.

I really, really want Musk’s Mars colony ambitions to be realized.  I think they are marvelous.  I just want us to have a reasonable view of what he can do with the resources of a public corporation.
« Last Edit: 09/08/2020 06:25 pm by Redclaws »

Online Slarty1080

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Re: Musk's asset accrual and paying for Mars
« Reply #292 on: 09/08/2020 07:02 pm »
he has a controlling interest (I think?  Perhaps not any more)

He doesn't have anywhere near a controlling interest of Tesla.  He owns ~20%.
Elon owns the majority of the voting shares.

No.  He owns ~20% of Tesla and has ~20% of the vote.  Tesla has only one share class.
Wait, are you sure? I thought one of the reasons the S&P gave for not including Tesla is that Tesla has multiple share classes.
IMO one of the key reasons why S&P has not (yet) listed Tesla is that the majority of it's profits currently come from regulatory credits (>half a billion dollars last year) and these are not seen as sustainable in the long term.
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Online Robotbeat

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Re: Musk's asset accrual and paying for Mars
« Reply #293 on: 09/08/2020 07:10 pm »
he has a controlling interest (I think?  Perhaps not any more)

He doesn't have anywhere near a controlling interest of Tesla.  He owns ~20%.
Elon owns the majority of the voting shares.

No.  He owns ~20% of Tesla and has ~20% of the vote.  Tesla has only one share class.
Wait, are you sure? I thought one of the reasons the S&P gave for not including Tesla is that Tesla has multiple share classes.
IMO one of the key reasons why S&P has not (yet) listed Tesla is that the majority of it's profits currently come from regulatory credits (>half a billion dollars last year) and these are not seen as sustainable in the long term.
You can’t just split one revenue stream from the others and call it the source of all profits. It’s dishonest and silly. Also, I doubt that has anything to do with it.
Chris  Whoever loves correction loves knowledge, but he who hates reproof is stupid.

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Offline GregA

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Re: Musk's asset accrual and paying for Mars
« Reply #294 on: 09/09/2020 02:27 pm »
It's a widespread myth that company directors have a legal obligation to increase shareholder value. There is no such law.
Yes.  Tesla giving away its patents is also non commercial. But matches its mission statement. He’s successful doing things differently to other companies.

Tesla share value is linked to Musk, shareholders will mostly follow him.

Elon is going to subsidise Mars colonisation using his Tesla shares if needed (which it probably will be), but if he sells lots of shares it’ll affect the share price. If he puts all his attention on SpaceX that’ll also worry Tesla shareholders, reducing his wealth and his ability to finance Mars.

So how can he extract that wealth?

Any customer could ask Tesla to build them an electric motorbike, and Tesla could ask for millions to do it.

So what if Elon sells some shares very publicly and immediately pays Tesla a large amount to do something Mars related?  An independent panel would have to price correctly of course.

(That’s instead of giving money to SpaceX to do something Mars related. )


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Offline RedLineTrain

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Re: Musk's asset accrual and paying for Mars
« Reply #295 on: 09/09/2020 02:29 pm »
he has a controlling interest (I think?  Perhaps not any more)

He doesn't have anywhere near a controlling interest of Tesla.  He owns ~20%.
Elon owns the majority of the voting shares.

No.  He owns ~20% of Tesla and has ~20% of the vote.  Tesla has only one share class.
Wait, are you sure? I thought one of the reasons the S&P gave for not including Tesla is that Tesla has multiple share classes.

I am sure.  Multiple share classes is not among the reasons that the S&P has been holding off on adding Tesla to its indices.

Offline GregA

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Re: Musk's asset accrual and paying for Mars
« Reply #296 on: 09/09/2020 02:39 pm »
As a public company, Tesla’s ability to do stuff because Elon feels like it is actually relatively limited ...

.... has duties to other shareholders and cannot just make the company subsidize unrelated things.  He can do a little stuff because he’s successful and people won’t complain, but he cannot use Tesla to push the Mars effort as suggested

Of course there’s an assumption here that investing in Mars is a bad investment.

Elon will be trying to persuade thousands of companies that investing in Mars is a good move, and he believes it. So you can bet he’ll be trying to persuade Tesla to get involved.

Tesla makes related products. It makes strong glass (and glass made of metal), solar panels, batteries, AI for navigation, roof tiles, as well as vehicles.  But they also consider their gigafactory to be a product they make.

Already they’re advertising for designers for their cars who will also design the starship interior. Tesla will invest in Mars in some way.


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Offline DistantTemple

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Re: Musk's asset accrual and paying for Mars
« Reply #297 on: 09/09/2020 03:00 pm »
Tesla could supply a mars robotic rover. Including autonomous navigation and integration of cameras etc for navigation. SpaceX would deliver it, including unloading, charging, and testing..... and a client such as a university, or a prospecting company, would buy or lease it. They would have provided or arranged the exploration instrument package, and lined up the operations team etc.
How many takers do you think? At what price? How many at $100M It depends on the size so an M3 is a bit too large to fit many in.
If Axiom for example considered working with SX in the future, they might lease one to prospect for future missions, or to generate publicity footage....
Business doesn't have to be fully sustainable.... Ideally they make a profit, but sometimes they just demonstrate possibilities for future operations. Science and exploration is a market too.
If Elon's wealth remains on a firm footing, he could pay for substantial initial exploration. However his smallsat launch/rideshare program, and Deer Moon indicate that there will be corresponding opportunities, and ways of including others, to CREATE a market.
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Online Coastal Ron

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Re: Musk's asset accrual and paying for Mars
« Reply #298 on: 09/09/2020 03:06 pm »
As a public company, Tesla’s ability to do stuff because Elon feels like it is actually relatively limited ...

.... has duties to other shareholders and cannot just make the company subsidize unrelated things.  He can do a little stuff because he’s successful and people won’t complain, but he cannot use Tesla to push the Mars effort as suggested

Of course there’s an assumption here that investing in Mars is a bad investment.

There is a simple way to understand if something is a bad investment, by counting the number of potential customers. If the number is close to zero, which it current is on Mars, then no sane investor would think spending money and time on a Mars market makes sense for Tesla.

Quote
Elon will be trying to persuade thousands of companies that investing in Mars is a good move, and he believes it. So you can bet he’ll be trying to persuade Tesla to get involved.

Tesla makes related products. It makes strong glass (and glass made of metal), solar panels, batteries, AI for navigation, roof tiles, as well as vehicles.  But they also consider their gigafactory to be a product they make.

If SpaceX wants to buy Tesla products or components, that can be done without Tesla "investing" in Mars. SpaceX just becomes yet another customer - which is likely how they have acquired Tesla components for Starship so far.

Tesla selling stuff to SpaceX for them to use for colonizing Mars? Yes. Tesla investing $Millions or $Billions on a project that has limited ROI for investors? No.

Besides, Elon Musk has stated that he will use HIS money from Tesla to help colonize Mars, he has never said it would be Tesla money.
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Offline ncb1397

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Re: Musk's asset accrual and paying for Mars
« Reply #299 on: 09/09/2020 03:06 pm »
It's a widespread myth that company directors have a legal obligation to increase shareholder value. There is no such law.
Yes.  Tesla giving away its patents is also non commercial. But matches its mission statement. He’s successful doing things differently to other companies.

I think you misunderstand Tesla "giving away its patents".

Quote
A party is "acting in good faith" for so long as such party and its related or affiliated companies have not:

asserted, helped others assert or had a financial stake in any assertion of (i) any patent or other intellectual property right against Tesla or (ii) any patent right against a third party for its use of technologies relating to electric vehicles or related equipment;
challenged, helped others challenge, or had a financial stake in any challenge to any Tesla patent; or
marketed or sold any knock-off product (e.g., a product created by imitating or copying the design or appearance of a Tesla product or which suggests an association with or endorsement by Tesla) or provided any material assistance to another party doing so."
https://www.tesla.com/about/legal#patent-pledge

In essence, Tesla's patents are only free to use if they don't enforce their patents against Tesla. If let's say that Ford owns part of Rivian, and Tesla builds a car that infringes on a patent by Rivian. And let's also say that Rivian sues Tesla while Ford built electric cars using Tesla patents, their investment in said cars and technology could be shut down by Tesla.

In essence, Tesla is saying that their technology is free to use if they can use everybody's else's technology free of charge. This is as transactional as Tesla paying auto makers money for licensing and them paying Tesla money for licensing.
« Last Edit: 09/09/2020 03:09 pm by ncb1397 »

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