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Saylor Calls on MSCI to Reconsider 'Discriminatory' Eligibility Test

Michael Saylor and Phong Le are urging MSCI to reconsider a proposed rule that threatens to exclude Strategy from its indexes.

Mercation Admin
September 1, 2026 2 min read
Saylor Calls on MSCI to Reconsider 'Discriminatory' Eligibility Test

Summary

  • Michael Saylor and CEO Phong Le are urging MSCI to withdraw a proposed rule that could exclude Strategy from its Global Investable Market Indexes.
  • The rule evaluates companies based on five financial metrics, and failing four would make a company ineligible.
  • MSCI's consultation identifies three companies at risk of removal, including Strategy, Yellow Cake, and Metaplanet.

Michael Saylor, founder of Strategy, along with CEO Phong Le, has formally requested that MSCI reconsider a proposed eligibility rule that may lead to the exclusion of their Bitcoin treasury firm from global benchmarks. The letter, issued on Monday, criticizes the proposal as unjust and targeted, claiming it unfairly impacts companies that hold digital assets.

They assert that the new rule resembles a previously rejected regulation concerning companies with high crypto holdings and is fundamentally flawed. In their letter, Strategy pointed out that while the proposed exclusion might not heavily impact its stock, it contradicts established securities laws and accounting standards.

“The proposal, while it may not significantly affect our operations, could damage MSCI’s reputation as an unbiased index provider,” said Strategy. The firm also noted that it represents about 87% of the market cap at risk among the identified companies.

The current consultation process, initiated in August, aims to classify firms as "non-operating companies" based on their asset composition. Companies where operating assets constitute less than 50% of total assets would be assessed against five criteria. If a company fails four of these criteria, it risks exclusion. The consultation indicates that if applied to the ACWI IMI as of May 2026, it could lead to the removal of Strategy, valued at approximately $23.93 billion, as well as Yellow Cake and Metaplanet.

In their second-quarter report, Strategy categorized its Bitcoin operations separately, treating fluctuations in Bitcoin's value as operating expenses, which they argue means they do not meet the criteria for exclusion. Saylor and Le highlighted that MSCI's actions could lead to substantial outflows from funds linked to their indexes, with JPMorgan analysts estimating potential outflows could reach $2.8 billion, escalating to $11.6 billion if other index providers follow suit.

The letter concludes with a request for MSCI to legally preserve all documents related to the eligibility criteria's development. Feedback on the consultation is open until September 30, with results anticipated by October 16, and any changes likely to be implemented in the November index review.