Index regulation

MSCI Oversight and Governance Committees

MSCI provides overall oversight and governance for its indexes through a committee structure. Each of these committees has a Terms of Reference:

 

MSCI indexes

MSCI Index - Oversight Committee

MSCI Index - Risk and Regulatory Committee

MSCI Equity Index Committee

 

MSCI real estate indexes

MSCI Real Estate Index - Oversight Committee

MSCI Real Estate Index - Risk and Regulatory Committee

MSCI Real Estate Index Committee

 

MSCI indexes and MSCI real estate indexes

MSCI – Index Policy Committee

 

How MSCI Manages Conflicts of Interest

Please see our statement here.

 

MSCI Real Estate Data Provider Code of Conduct                                                           

Data providers to MSCI Private Real Estate Indexes must adhere to our Data Provider Code of Conduct: MSCI Real Estate Data Provider Code of Conduct.

MSCI has been committed to high standards in benchmark administration long before the EU benchmark regulation (“BMR”) was enacted, as evidenced through our long history as a respected benchmark provider and our adoption of the IOSCO Principles for Financial Benchmarks (described below). We fully support the aims of the BMR and have been an active contributor to its development from the outset.

Below you can find information about our status as regulated benchmark administrators in the UK and EU for our indexes.

Equity indexes: 

On 5 March 2018, MSCI Limited (located and registered at Ten Bishops Square, 9th Floor, London E1 6EG, UK) was granted authorization by the UK’s Financial Conduct Authority (“FCA”) as a UK benchmark administrator under the BMR for all of our MSCI equity indexes. MSCI Limited is listed on the FCA’s register and on the ESMA register for benchmark administrators. Additional information about the indexes covered by our authorization can be found here and the benchmark statements can be found here and here respectively.*

MSCI Private Real Estate Indexes:

Under IOSCO, Investment Property Databank Limited (located and registered at Ten Bishops Square, 9th Floor, London E1 6EG, UK) is the administrator for the relevant MSCI Private Real Assets Indexes.

Further to MSCI’s consultation on the BMR in relation to MSCI Private Real Estate Indexes, MSCI has decided to apply in the EU as the benchmark administrator* for only those MSCI Private Real Estate Indexes below:

• the MSCI/AREF UK Quarterly Property Fund Index
• the MSCI UK Annual Property Index
• the MSCI UK Quarterly Property Index
• the indexes and benchmarks created from the same index universes as the indexes above that a licensed client requests for a BMR regulated use (such use subject to MSCI’s authorization in each instance).

Use of any MSCI Private Real Estate Index described above for a BMR regulated use requires a separate written authorization letter from MSCI. Only current MSCI real estate clients are eligible to apply for authorization.  To initiate this process, MSCI clients are required to download the MSCI Private Real Estate Index Application for EU BMR Regulated Use here and send the completed application form to MSCI_RealEstate_EUBMR_Use_Application@msci.com. After reviewing the application, if MSCI approves the MSCI Private Real Estate Index for a BMR regulated use, the MSCI client will be required to sign the authorization letter issued by the relevant MSCI Private Real Estate Index benchmark administrator.  MSCI will not accept, or reply to, any requests from parties that are not currently licensed MSCI clients for the relevant MSCI Private Real Estate Indexes.

Use of any MSCI Private Real Assets Indexes, including any MSCI Private Real Estate Indexes, for BMR regulated uses outside this MSCI authorization process is strictly prohibited.

Should you have any questions, please contact MSCI Client Service.

 

* For the period from January 1, 2018 until we are authorized in the relevant jurisdiction as needed, we intend to use the transitional period afforded to EU administrators under Article 51(1) (and Article 51(5) in the event of a hard Brexit) of the EU benchmark regulation, which permits the use of our existing and new indexes in the EU (as clarified by ESMA’s guidance from July 5, 2017 (and November 8, 2017)) for up to two years.

For a copy of the MSCI Equity Index policy document on the ESMA Guidelines on ETFs and Other UCITS Issues, please contact MSCI Client Service.

Index constituents information as per ESMA Guidelines can be found here.

MSCI has a long history of defining and adopting best practice with respect to its index policies and procedures, and we support the aims of the IOSCO Principles for Financial Benchmarks.

The International Organization of Securities Commissions (IOSCO) is an association of organisations that regulate the world’s securities and futures markets. In order to promote transparency, IOSCO published some principles for financial benchmarks in July 2013, calling upon benchmark administrators to disclose their compliance within 12 months of that date.

MSCI has engaged PricewaterhouseCoopers LLP to undertake an independent reasonable assurance review of MSCI's implementation of the IOSCO Principles for Financial Benchmarks. Reasonable assurance is a higher level of assurance than limited assurance, and copies of the assurance reports can be viewed below:

IOSCO Compliance Statement and Assurance Report - MSCI Equity Indexes
IOSCO Compliance Statement and Assurance Report - MSCI's IPD Indexes and Benchmarks

 

DATA SUBMITTERS TO MSCI PRIVATE REAL ESTATE INDEXES

We ask data submitters to adhere to our MSCI Real Estate Data Provider Code of Conduct so that the submission processes for data included in the MSCI Private Real Estate indexes and benchmarks are in line with the IOSCO Principles and best practices.

The ‘Data Submitter Code of Conduct – IPD Indexes and Benchmarks”  has been updated and renamed to the “MSCI Real Estate Data Provider Code of Conduct” on November 26, 2018.

For further information and if you provide data to us, please read the document below:

 

• MSCI Real Estate Data Provider Code of Conduct

In response to feedback from numerous market participants, MSCI has decided to provide information regarding select indexes to help facilitate MSCI’s clients’ determination whether an index qualifies as a “Qualified Index” under Section 871(m) of the Internal Revenue Code.

MSCI Equity Index Policy regarding United States Irs 871(M) regulations relating to the definition of a “Qualified Index”

 

EU Commission Proposal for a Regulation amending Regulation (EU) 2016/1011 on Low Carbon Benchmarks and Positive Carbon Impact Benchmarks  – Issued on May 24, 2018 >>Annex to the Proposed Regulation >> MSCI Response
ASIC Consultation on Implementing the Financial Benchmark Regulatory Regime – Issued on July 17, 2017 >>MSCI Response
SEBI Discussion Paper on Draft Code of Conduct for Index Providers - Issued on May 31, 2017 >>MSCI responses
ESMA Consultation Paper on draft implementing measures for Benchmarks Regulation (BR)- ESMA /2016/ 723, Issued on May 27, 2016 >> MSCI responses
CFR Consultation Paper on  Financial Benchmarks Regulatory Reform –Issued on March 31, 2016 >> MSCI responses
ESMA Discussion Paper on Benchmark Regulation – ESMA /2016/288, Issued on February 15, 2016 >> MSCI response
SEC Proposed Rule – Investment Company Reporting Modernization (Release No.33-9776) - File No.: S7- 08- 1, issued on May 20, 2015 >> MSCI response
FCA Consultation Paper – CP15/18 on Fair, Reasonable and Non-discriminatory access to regulated benchmarks, issued on June 3, 2015 >>MSCI Responses
ESMA Consultation Paper on draft Regulatory & Implementing Technical Standards (RTS/ITS) for  implementation of MiFID II/MiFIR,  issued on December  19, 2014 >> MSCI Response
ESMA Consultation Paper on draft Implementing Technical Standards on main indices and recognised exchanges under the Capital Requirements Regulation, issued on September 29, 2014 >> MSCI Response
MAS Consultation Paper on Amendments to SFA on Regulation of Financial Benchmarks, issued on July 29, 2014 >> MSCI Response
ESMA Consultation Paper on MiFID/MiFIR, issued on May 22, 2014  >> MSCI Annex to Response 2
ESMA Consultation Paper on Principles for Benchmark-Setting Processes in the EU, issued January 11, 2013 >>MSCI response >>IPD response
IOSCO Financial Benchmarks Consultation Report, issued January 11, 2013 >> MSCI and IPD Response to IOSCO Principles Financial Benchmarks. IPD Consultation Response OICU-IOSCO
EU Commission Consultation Document on the Regulation of Indices, issued September 5, 2012 >> MSCI response

While we strive to provide quality products and services, if you have a formal index complaint regarding our index products, please follow the procedure as outlined below. Formal index complaints include complaints regarding whether a specific index appropriately represents the market, segment or strategy it seeks to measure, complaints regarding a proposed change to the index determination process, complaints regarding an application of the methodology in relation to a specific index determination, and complaints regarding other decisions in relation to the index determination process.

Formal index complaints must be submitted through the web form found here.

MSCI’s formal index complaints policy can be found here. For the avoidance of doubt, this process covers formal index complaints only. For general questions about our equity indexes, please contact MSCI Client Service. For general questions about MSCI Private Real Assets Indexes, please contact the MSCI Real Estate Client Services team via realestate@msci.com.