Report: SpaceX IPO gives Musk unchecked power and forbids investor lawsuits

CatNamedHugs

Wise, Aged Ars Veteran
360
I genuinely hope any shareholder who invested in Musk loses everything. This is what they get. The man has been a cruel, unhinged fucking animal for the last ten years. What the fuck do you expect is going to happen? He's a monster with zero regard for humanity who spent a quarter billion dollars buying the president. He will have no accountability for what he does and if you still want to saddle up and try to get rich, you deserve failure.
 
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601 (647 / -46)

deltaproximus

Ars Scholae Palatinae
1,002
Subscriptor++
I genuinely hope any shareholder who invested in Musk loses everything. This is what they get. The man has been a cruel, unhinged fucking animal for the last ten years. What the fuck do you expect is going to happen? He's a monster with zero regard for humanity who spent a quarter billion dollars buying the president. He will have no accountability for what he does and if you still want to saddle up and try to get rich, you deserve failure.
My employer chosen, corporately managed retirement investment account might end up investing in SpaceX without my knowledge. I'm willing to lose a portion of my retirement to see Musk fail badly, but I'm not sure it's fair to say others in a similar position deserve their losses if SpaceX fails.
 
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kvndoom

Ars Praefectus
3,783
Subscriptor
Is this going to be like that Disney food allergy suit, and investors won't even be able to sue if a rocket part or Internet satellite falls on their homes?
I think it was worse than that, weren't they Diz+ subscribers and the corporate lawyers argued that the arbitration you were forced to agree to for streaming also applied to the theme park?
 
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lessthanjoey

Ars Praefectus
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Subscriptor++
I genuinely hope any shareholder who invested in Musk loses everything. This is what they get. The man has been a cruel, unhinged fucking animal for the last ten years. What the fuck do you expect is going to happen? He's a monster with zero regard for humanity who spent a quarter billion dollars buying the president. He will have no accountability for what he does and if you still want to saddle up and try to get rich, you deserve failure.
You mean everyone who's a passive investor in Nasdaq ETFs? Nasdaq changed their rules to get SpaceX in early (15 days post-IPO), and overweight (!) (3x weighting for companies with <20% free float). Ugh.
 
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Is this going to be like that Disney food allergy suit, and investors won't even be able to sue if a rocket part or Internet satellite falls on their homes?
The interesting part will be employer 401ks that choose to add a position in SpaceX to their portfolio. In this example, I never actually chose that, but I suspect the rule of not being able to sue would apply to me.

That said, I'm not a finance expert so I'm open to being told I'm wrong.
 
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fenris_uy

Ars Tribunus Angusticlavius
9,298
I don't know how it is in the US, but where I live contracts can't remove rights granted by the state.

If the government says that everybody has the right to sue for redress, then you can't sign a contract waiving that right. Yeah, you can go to arbitration first, but if arbitration fails you can still sue afterwards.
 
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graylshaped

Ars Legatus Legionis
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My employer chosen, corporately managed retirement investment account might end up investing in SpaceX without my knowledge. I'm willing to lose a portion of my retirement to see Musk fail badly, but I'm not sure it's fair to say others in a similar position deserve their losses if SpaceX fails.
Cthel asks the relevant question above. IANAL, but believe a very strong case can be made this would be nonconsentual, if not duress given he also demanded preferential inclusions on indexes.

Either way, insert the relevant Lando Calrissian quote here.
 
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Tohelo

Wise, Aged Ars Veteran
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How do you enforce this? Stock is traded on an open market. I have a Robinhood account with tiny investments in dozens of companies, and I don't agree to anything when I purchase stock, aside from whatever is in the terms and conditions between myself and Robinhood.
A company can issue different classes of shares with different rights as defined in the company's bylaws, and SpaceX seems to be taking this to the extreme. Not entirely sure about all the rules, but perhaps not all classes of shares need to be publicly traded or included in the IPO. At any rate, Musk merely needs to hold on to the super shares and let the public trade solely in other much more inferior shares.

But I am surprised that a company would be allowed to go public using such an extreme arrangement that goes totally against the entire notion of being a public company.
 
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Why would an investor sue a company? False promises? Knowingly misleading investors? Hmm.
Many people will unknowingly invest. Do you have a 401k? Are you a member of the TSP?

If you have a 401k, index funds, are a Federal employee, have a state (any state) retirement, teacher retirement, or served in the US military it will be hard to not be an investor.

Musk secured a significant amount of critical Tesla investment through the TSP S fund.
 
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