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Elon Musk’s Twitter stock purchase catches the SEC’s attention – Teslarati

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Tesla CEO Elon Musk’s Twitter stock purchase has caught the attention of the Securities and Exchange Commission. The agency sent Musk a letter in April, which has now been released.

The letter asks Musk why he did not file the required paperwork, which would disclose he has accumulated a 5 percent stake in the social media network, in the required 10-day period. Additionally, the agency is requesting information on his statements regarding Twitter’s ability to adhere to free speech, which Musk has challenged and cited as his primary reason for acquiring the platform.

“Dear Mr. Musk,” the letter begins. “We have reviewed the above-captioned filing and have the following comments. Our comments ask for additional information so that we may better understand your disclosure. Please respond to this letter by providing the requested information. If you do not believe our comments apply to your facts and circumstances, please advise us why in your response. After reviewing any information provided in response to these comments, we may have additional comments.”

The letter then outlines four basic questions regarding Musk’s acquisition of Twitter shares. “Please advise us why the Schedule 13G does not appear to have been made within the required 10 days from the date of acquisition as required by Rule 13d-1(c), the rule upon which you represented that you relied to make the submission,” one of the questions asks. 13G forms are meant for investors who plan to hold their shares passively, the New York Post reported. 13D forms are for activist investors, which, based on Musk’s comments and plans for Twitter, would be the more appropriate form.

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The fourth question dives into this a little deeper, as it states, “Please provide us with a brief analysis of the bases upon which you determined that you were eligible to rely upon Rule 13d-1(c) to make the filing on Schedule 13G. Your response should address, among other things, your recent public statements on the Twitter platform regarding Twitter (the issuer), including statements questioning whether Twitter (the issuer) ‘rigorously adheres to’ ‘free speech principles.’”

It is just another page in the long story of Musk vs. the SEC. The Tesla frontman and the agency have sparred back and forth for several years, starting when Musk hinted he may take Tesla private at $420 per share in 2018. “Funding secured,” Musk famously said. That Tweet is still the subject of a major lawsuit between Musk and Tesla shareholders and is set to hit a federal courtroom in January 2023.

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at [email protected]. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at [email protected]

Elon Musk’s Twitter stock purchase catches the SEC’s attention





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Netflix’s subscriber growth slows as gains from password-sharing crackdown subside

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Netflix on Thursday reported that its subscriber growth slowed dramatically during the summer, a sign the huge gains from the video-streaming service’s crackdown on freeloading viewers is tapering off.

The 5.1 million subscribers that Netflix added during the July-September period represented a 42% decline from the total gained during the same time last year. Even so, the company’s revenue and profit rose at a faster pace than analysts had projected, according to FactSet Research.

Netflix ended September with 282.7 million worldwide subscribers — far more than any other streaming service.

The Los Gatos, California, company earned $2.36 billion, or $5.40 per share, a 41% increase from the same time last year. Revenue climbed 15% from a year ago to $9.82 billion. Netflix management predicted the company’s revenue will rise at the same 15% year-over-year pace during the October-December period, slightly than better than analysts have been expecting.

The strong financial performance in the past quarter coupled with the upbeat forecast eclipsed any worries about slowing subscriber growth. Netflix’s stock price surged nearly 4% in extended trading after the numbers came out, building upon a more than 40% increase in the company’s shares so far this year.

The past quarter’s subscriber gains were the lowest posted in any three-month period since the beginning of last year. That drop-off indicates Netflix is shifting to a new phase after reaping the benefits from a ban on the once-rampant practice of sharing account passwords that enabled an estimated 100 million people watch its popular service without paying for it.

The crackdown, triggered by a rare loss of subscribers coming out of the pandemic in 2022, helped Netflix add 57 million subscribers from June 2022 through this June — an average of more than 7 million per quarter, while many of its industry rivals have been struggling as households curbed their discretionary spending.

Netflix’s gains also were propelled by a low-priced version of its service that included commercials for the first time in its history. The company still is only getting a small fraction of its revenue from the 2-year-old advertising push, but Netflix is intensifying its focus on that segment of its business to help boost its profits.

In a letter to shareholder, Netflix reiterated previous cautionary notes about its expansion into advertising, though the low-priced option including commercials has become its fastest growing segment.

“We have much more work to do improving our offering for advertisers, which will be a priority over the next few years,” Netflix management wrote in the letter.

As part of its evolution, Netflix has been increasingly supplementing its lineup of scripted TV series and movies with live programming, such as a Labor Day spectacle featuring renowned glutton Joey Chestnut setting a world record for gorging on hot dogs in a showdown with his longtime nemesis Takeru Kobayashi.

Netflix will be trying to attract more viewer during the current quarter with a Nov. 15 fight pitting former heavyweight champion Mike Tyson against Jake Paul, a YouTube sensation turned boxer, and two National Football League games on Christmas Day.

The Canadian Press. All rights reserved.

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