Elon Musk’s purchase of Twitter (NYSE:TWTR) has been the center of attention this week. However, the purchase has already stirred up controversy. On April 4, Musk disclosed a 9.2% stake in TWTR stock via a 13G filing. A 13G filing indicates a passive position. Meanwhile, a 13D filing indicates an active position. On the same day, the Tesla (NASDAQ:TSLA) CEO tweeted out a poll asking Twitter users if they would like an “edit” button. The poll seemed as if Musk was taking an active position by being involved with company operations, despite his 13G filing. Furthermore, the next day, it was reported that he had joined Twitter’s board. However, the story doesn’t end there.
Yesterday, Musk filed a 13D form for his Twitter position, which means that he converted his passive position into an active position. However, the number of shares on the 13D filing was 371,900 shares less when compared to the figure on the 13G filing. So, did Elon Musk sell some TWTR stock already?
Did Elon Musk Sell TWTR Stock?
A Twitter user noticed this disparity, tweeting out that Musk had already sold 371,900 shares. Musk was quick to reply, and tweeted this out in response:
No sale took place. Initial share number filed was incorrect.
— Elon Musk (@elonmusk) April 6, 2022
With Musk’s tweet, he confirmed that he did not actually sell any shares. With the 13D filing, it can be confirmed that Musk actually took a 9.1% stake in TWTR stock instead of a 9.2% stake. As of April 4, he owns 73.1 million shares, not 73.4 million shares as previously reported. In addition, Musk remains Twitter’s largest shareholder.
Twitter: Musk Delayed In Filing 13G Form
With the number of shares confirmed, there is still another event that may put Musk in hot water with the U.S. Securities and Exchange Commission (SEC). In the original 13G filing, Musk stated that the “Date of Event” occurred on March 14. However, anybody who purchases more than 5% of a company is required to submit evidence of the purchase within 10 days. Musk submitted his 13G filing on April 4, when the deadline was actually March 24.
According to Georgetown Law Professor Urska Velikonja, the late filing could “lead to a per-violation civil penalty of up to $207,183.” Musk is already under investigation by the SEC from a tweet last November asking his followers if he should sell 10% of his Tesla stake. Another SEC violation will certainly not help his case.
On the date of publication, Eddie Pan did not hold (either directly or indirectly) any positions in the securities mentioned in this article. The opinions expressed in this article are those of the writer, subject to the InvestorPlace.com Publishing Guidelines.
