TMC the metals company Inc.

On March 25, 2024, TMC disclosed that its financial statements for the first three quarters of 2023 should no longer be relied upon and would need to be restated, citing the Company’s partnership with Low Carbon Royalties Inc. (“LCR”) and “whether the offsetting entry to the proceeds it received from LCR should be classified as debt or deferred income.” Further, TMC stated that “[a]s the transaction with LCR was considered an equity investment rather than a sale transaction, the sale of future revenue will be reclassified as Royalty liability” per appropriate accounting standards.

On this news, TMC’s stock price fell $0.205, or 13.2%, to close at $1.345 per share on March 26, 2024, thereby injuring investors.

The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors that: (1) TMC maintained deficient internal controls over financial reporting; (2) as a result, the Company inaccurately classified the sale of future revenue attributable to the LCR Partnership as deferred income rather than debt; (3) the foregoing misclassification, when it became known, would require TMC to restate one or more of its previously issued financial statements; and (4) as a result, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis at all relevant times.