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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