Does it matter? Was there any consequence of filling out a form then doing something different?
I have heard it several times already today, but so what a form was filled out wrong, is there any consequence to that that anybody would care about? (I doubt anybody complaining about it actually knows anything about how important it is, it’s just being latched on to because it’s a way to match events with preexisting opinions)
Yes. He is currently in court claiming SEC is picking on him on another matter and this (and the fact that the filing was late) is likely going to hurt his case with the judge. And while I don't like speculating, since you're asking me to do so I'll add that it's entirely possible that any misrepresentations here get pursued on its own merits, as well.
But why is that form there and what is the consequence of filing one way or the other? I mean besides being punished for doing it wrong, why does that rule exist and what are the effects of filling it out one way or the other?
Why is this anything more than an administrative mistake? Did he get some benefit from filing the form that way?
... or, what it seems, is this just a "gotcha!" for people to complain about on the Internet.
"Schedule 13D is intended to provide transparency to the public regarding who these shareholders are and why they have taken a significant stake in the company. The form signifies to the public that a change of control, such as a hostile takeover or proxy fight, might be about to take place so that current shareholders in the company can make informed investing and voting decisions."
It’s worth pointing out that the SEC is extremely image conscious. They count on their reputation as the hammer of god himself to keep traders in line. Elon repeatedly snubbing them is going to tempt them to pull out all the stops.
SEC's actual power is extremely limited. -- This is why e.g. with ICO scams you see them taking no action at all or imposing a fine that is just a cost-of-doing-business percentage of what they took in from the general public, at least against ICOs that are wealthy enough to keep the SEC tied up in litigation.
I have heard it several times already today, but so what a form was filled out wrong, is there any consequence to that that anybody would care about? (I doubt anybody complaining about it actually knows anything about how important it is, it’s just being latched on to because it’s a way to match events with preexisting opinions)