May 2024 brought three distinct developments for Fisker: its Austrian subsidiary sought insolvency protection, the company disclosed that PwC would not return as its auditor, and U.S. regulators opened a safety investigation into reported unintended braking in Fisker Ocean SUVs. Fisker Inc. did not file for U.S. Chapter 11 bankruptcy until June 19, 2024.
What happened to Fisker in May 2024?
The month’s events concerned different parts of the company and different kinds of risk. Fisker GmbH, the Austrian entity, announced on May 7 that it would seek protection through self-administration in Austria. Separately, Fisker Inc. disclosed an auditor change, and the National Highway Traffic Safety Administration (NHTSA) opened an investigation into reports involving the Ocean.
| Date | Development | What it did—and did not—mean |
|---|---|---|
| May 7 | Fisker GmbH announced it would seek self-administration in Austria. | An Austria-specific insolvency step by Fisker GmbH, not a U.S. Chapter 11 filing by Fisker Inc. |
| May 7 | Fisker disclosed that PwC would decline reappointment as its independent auditor for the 2024 audit. | A non-reappointment; Fisker said there was no dispute with PwC. |
| May 8 | NHTSA opened investigation PE24013 into reports of inadvertent automatic emergency braking in model-year 2023 Fisker Ocean vehicles. | An investigation of reported behavior, not a finding that a defect existed. |
| June 19 | Fisker Inc. and other U.S. subsidiaries commenced Chapter 11 proceedings. | This happened after May and should not be described as a May bankruptcy filing. |
Did Fisker file for bankruptcy in May?
Not in the United States. On May 7, Fisker GmbH announced it would seek protection through self-administration in Austria. The announcement said other Fisker entities continued ordinary operations at that time. The Austrian process and the later U.S. case involved distinct entities.
Fisker Inc. and other U.S. subsidiaries commenced Chapter 11 proceedings on June 19, 2024. That later filing is important context for the company’s financial distress, but it was not a May event.
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Why did PwC leave Fisker?
Fisker’s May 7 filing said PwC had informed the company it would decline reappointment as independent auditor for the integrated audit of fiscal year 2024. Fisker stated there was no dispute between the company and PwC; the filing does not give a different reason for PwC’s decision. Fisker’s May 7 SEC filing
The same filing put the auditor news in a difficult financial-reporting context. Fisker’s 2023 Form 10-K had disclosed material weaknesses in internal controls, including issues involving financial-reporting staffing, information-sharing across departments, inventory and revenue accounting, and complex or unusual transactions. The 2023 auditor report also contained an explanatory paragraph about substantial doubt regarding Fisker’s ability to continue as a going concern. These disclosures are distinct from the company’s statement that there was no dispute with PwC.
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What did the Fisker Ocean braking investigation examine?
On May 8, NHTSA’s Office of Defects Investigation opened PE24013 after receiving reports of inadvertent automatic emergency braking in model-year 2023 Fisker Ocean vehicles. Reports described braking without an apparent obstruction ahead and sudden deceleration without adequate warning or driver input. The reported severity ranged from a brief loss of speed to a full stop in a travel lane.
Those reports prompted an investigation; they did not establish that every Ocean had the condition or prove a safety defect. The later investigation summary says ODI was aware of more than 20 reports. That is the number of reports known to ODI, not a verified count of unique affected vehicles or confirmed defect incidents. The later summary also says the available information did not warrant further action at the time of closure, while cautioning: “The closing of this investigation does not constitute a finding by NHTSA that a safety-related defect does not exist.” This subsequent disposition was not known as a May outcome. NHTSA’s PE24013 investigation record
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What had happened with Fisker’s automaker talks?
The uncertainty predated May. On March 22, Fisker disclosed that negotiations with an unnamed large automaker had ended. The company said it would continue evaluating strategic alternatives, which could include restructuring, financing, asset sales, or another transaction; the filing did not establish that any of those options had been secured. Fisker stated in its SEC filing: “Following such termination, the Company continues to evaluate strategic alternatives.” Fisker’s March 22 SEC filing
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How to read May’s developments
- Keep the entities separate: Fisker GmbH’s Austrian self-administration announcement was not Fisker Inc.’s U.S. Chapter 11 case.
- Keep the dates separate: The U.S. Chapter 11 proceedings began June 19, after the events covered here.
- Separate a report from a finding: NHTSA opened an investigation into Ocean braking reports; opening an investigation did not confirm a defect.
- Separate the auditor decision from the reporting concerns: Fisker said PwC’s non-reappointment involved no dispute, while also disclosing prior control weaknesses and a going-concern warning.
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