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Version date: 25 May 2018 - onwards

Question 2 Clients who may be treated as professionals on request (1) [Last update: 25 May 2018]

Section II.1 of Annex II of MiFID II

When should an investment firm assess whether a private individual investor may be treated as a professional client under Section II of Annex II of MiFID II?

Answer 2

Pursuant to Section II of Annex II of MiFID II, a private individual investor may be allowed to waive some of the protections afforded by the conduct of business rules set in MiFID II by requesting to be treated as a professional client. This request must be made by the client in writing and at its own initiative. This written statement shall indicate whether the client asks to be treated as a professional client generally (i.e. for all future transactions and investment services) or in respect of a particular investment service or transaction, or type of transaction or product. This written statement should be in a separate form from contracts or other terms of business. As further discussed in question 2 below, investment firms must perform the assessment and follow the procedure

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