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Strategy’s MSCI Objections Remain, but the Rule Is Now Final

Strategy’s MSCI Objections Remain, but the Rule Is Now Final

Strategy says MSCI’s operating-company test is undefined and discriminatory. MSCI adopted the methodology with minor changes, leaving the company’s November 11 inclusion decision as the remaining uncertainty.

Strategy’s challenge to MSCI now concerns how a final rule will be applied, not whether the rule will be adopted. MSCI announced on October 15 that it would implement its methodology for excluding qualifying non-operating companies from global equity indexes, with minor changes from the consultation.

Strategy had urged MSCI to withdraw the framework. The company argued that the terms operating and non-operating lack definitions in U.S. GAAP, IFRS and established corporate law. It also described the methodology as a repackaged version of MSCI’s earlier attempt to screen companies whose digital assets represented at least half of total assets.

MSCI took a broader approach. The final framework covers corporate issuers with characteristics similar to investment funds and other passive vehicles. It combines an operating-assets screen with quantitative financial ratios and applies buffers to reduce unnecessary index turnover.

The disagreement is more than semantic. Strategy treats Bitcoin as the core of an operating treasury business and points to employees, software revenue and capital-markets activity. MSCI is deciding whether the financial characteristics of companies dominated by non-operating assets fit an investable equity benchmark. Both positions can be stated without pretending that accounting standards answer an index provider’s eligibility question.

The next step is company-specific. MSCI will publish the final list of affected constituents on November 11. Strategy appeared on an earlier simulation, but it has not yet been formally removed. Any deletion would take effect after the November 30 close.

Strategy also argues that the immediate trading impact is limited. It estimates funds linked to the relevant MSCI indexes hold roughly 13 million MSTR shares, about 60% of the stock’s 30-day average daily volume. That estimate may understate broader sentiment effects if active managers or other index providers follow MSCI’s logic.

The company’s objections preserve a governance and methodology debate, but they do not suspend the adopted rule. For shareholders, the practical questions are now whether Strategy appears on the November 11 list, how passive and active investors respond, and whether any loss of index demand changes the premium that supports future capital raising.