Elon Musk faces a lawsuit from Twitter investors for not promptly disclosing the extent of his stake in the company.

Elon Musk faces a lawsuit from Twitter investors for not promptly disclosing the extent of his stake in the company.
Elon Musk faces a lawsuit from Twitter investors for not promptly disclosing the extent of his stake in the company.
  • When an investor acquires more than a 5% stake in a company, federal trade laws mandate that they must notify the Securities and Exchange Commission within 10 days.
  • On March 14, Musk allegedly reached the milestone of owning 5% of Twitter stock, which he began purchasing in January. As a result, he should have informed the SEC by March 24.
  • Some Twitter investors claim they missed out on potential profits due to the delay.
Elon Musk's Twitter profile displayed on a computer screen and Twitter logo displayed on a phone screen are seen in this illustration photo taken in Krakow, Poland on April 9, 2022.
Elon Musk’s Twitter profile displayed on a computer screen and Twitter logo displayed on a phone screen are seen in this illustration photo taken in Krakow, Poland on April 9, 2022. (Jakub Porzycki | Nurphoto | Getty Images)

Elon Musk is being sued by a group of shareholders for allegedly not disclosing his acquisition of a substantial stake in the social media company within the proper timeframe.

On April 4, Elon Musk, CEO of SpaceX, disclosed that he had acquired a 9.2% stake in Twitter, causing shares to surge as investors perceived the action as an endorsement.

But his disclosure may have been too late.

When an investor acquires more than a 5% stake in a company, federal trade laws mandate that they must notify the Securities and Exchange Commission within 10 days.

On March 14, Musk allegedly reached the milestone of owning 5% of Twitter stock, which he began purchasing in January. As a result, he should have informed the SEC by March 24.

A spokesperson for the world's wealthiest individual, Elon Musk, did not promptly respond to a CNBC inquiry for comment.

A lawsuit filed Tuesday in New York by law firm Block & Leviton on behalf of several Twitter shareholders claims that Musk bought more Twitter stock at a lower price during the time frame between reaching the 5% ownership threshold and publicly disclosing his stake.

A half-dozen legal and securities experts believe that the delay may have aided Musk in earning $156 million.

On Apr. 4, Twitter's stock experienced a 27% increase in value after it was revealed that Musk had acquired a 9.2% stake, worth approximately $3 billion.

A class action lawsuit has been filed by investors who allege they suffered losses due to Musk's failure to disclose his shareholding earlier.

Elon Musk failed to file a report within the 10-day deadline under Sections 13(d) and 13(g) of the Securities Act of 1933 regarding his 5% ownership in a public company, according to Alon Kapen, a corporate transaction lawyer with Farrell Fritz, as stated in a CNBC report.

Kapen stated that he had an additional 10 days to purchase more shares, increasing his ownership by 4.1%, before the per share price spike on April 4.

Despite disclosing his Twitter stake, Musk has decided not to join the board of the company.

Elon Musk declines Twitter board seat
by Sam Shead

technology