But from what we have seen Tesla/the board hasn't entered into an agreement yet. So there is no need to file an 8k.
Or are you saying that Elon is not allowed to conduct non-Tesla business. (Obviously he can as he conducts business as SpaceX/The Boring Company/Neuralink/etc. as well as Tesla.) So I assume he can conduct business personally which is what he has done in "securing funding".
honestly i have no idea the legality regarding the point of view whether he was acting for himself vs company. i hadn’t even pondered that. if, for whatever reason an 8k isn’t required yet, well, it’s going to be a drawn out bumpy ride considering the last 14 hours of trading.