The MSCI released its Consultation on the Treatment of Unequal Voting Structures in the MSCI Equity Indexes soliciting input on index inclusion criteria relating to the shares of companies having a dual class structure. Many commenters have responded by releasing their views publicly. While many institutional investors have taken the opportunity to comment on their concerns regarding dual class structures, particularly those with no sunset provisions, and have voiced a strong preference for a one share-one vote model, some of the same institutional investors have advocated that MSCI indices continue to include the securities of companies with dual class structures. Some have suggested that the MSCI consider offering bespoke indices and broad-based indices. The broad-based indices would reflect the investable market, including the securities with unequal voting rights. By contrast, bespoke indices might be tailored to include only the securities of companies having certain characteristics. Along these lines, a bespoke index might omit the securities of companies with dual class voting structures.

Originally published May 25, 2018

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2018. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.