June 12 (Reuters) - Tesla shareholders are
voting to approve a $56 billion pay package for Elon Musk and to
move the electric vehicle maker's legal home to Texas, Musk said
on social media platform X on Wednesday, adding that passage was
by wide margins.
Shareholders of the electric-car maker are voting on a
proposal to ratify CEO Musk's 2018 incentive package, valued at
up to $56 billion at the time and the largest in U.S. corporate
history, after a Delaware judge voided the plan approved by its
board "beholden" to Musk.
The result will be announced at a meeting on Thursday.
A person familiar with the preliminary tally confirmed
Musk's post, and said that a combination of big institutional
investors and retail investor got the 'yes' result over the
line.
Shareholders, however, are allowed to change their vote up
to the start of the annual meeting.
Tesla shareholders also cast ballots on other proposals
including the move of Tesla's legal headquarters from Delaware
to Texas, as well as the re-election of two board members:
Musk's brother Kimbal Musk and James Murdoch.
Musk referred to the resolutions on his pay package and the
move in his tweet, thanking shareholders for their support.
Some investors viewed the vote on Musk's pay as a test of
confidence in his leadership. While he is undoubtedly Tesla's
driving force, and is credited with much of its success, the
company has recently seen slowing sales and profits.
The board said the world's richest person deserves the
package, because he hit all the ambitious targets on market
value, revenue and profitability.
The pay package is also needed to keep Musk devoted to
Tesla, the board said, even though the Delaware judge said the
2018 pay plan failed to make sure that Musk committed a
substantial amount of time to Tesla.
Musk has threatened to build AI and robotics products
outside Tesla, if he fails to gain enough voting control, which
requires the 2018 pay package to be approved.
Some large shareholders including Norway's sovereign wealth
fund and California's two largest pension funds have said they
will vote against the compensation, saying the pay is excessive.
Tesla has been drumming up support for Musk's pay package,
especially from retail investors, who make up an unusually high
percentage of its ownership base but who often do not vote.
Company executives have posted messages on X, saying Musk is
critical to Tesla's success. Tesla has run social media ads, and
Musk has promised a personal tour of Tesla's factory in Texas to
some shareholders who cast votes.
COURT BATTLE
The same package was previously rejected by a Delaware judge
who invalidated it as an "unfathomable sum" granted by a
conflicted board with close personal and financial ties to its
top executive.
The board held the shareholder vote as a way to bolster its
appeal of the ruling, in which the judge cited the board's
failure to fully inform shareholders before approving the pay
package in 2018.
Musk has to wait months or years to get his pay package
restored as appeals wind their way up to Delaware's Supreme
Court.
Tesla could also face more litigation from some
shareholders. One of them this month filed a lawsuit challenging
the upcoming shareholder vote on Musk's pay package and the
change of domicile.