1. In addition to the categories which are explicitly set out in rule 3.6.2 of the Conduct of Business sourcebook, the FCA may recognise as eligible counterparty an undertaking falling within a category of clients who are to be considered professional clients in accordance with paragraph 3(a), (b) and (c) of Schedule 1 to Regulation (EU) No 600/2014.

2. Where, pursuant to rule 3.7.1 of the Conduct of Business sourcebook, an eligible counterparty requests treatment as a client whose business with an investment firm is subject to rules in the Conduct of Business; Market Conduct; Senior Management Arrangements, Systems and Controls and the Product Intervention and Product Governance sourcebooks which were relied on by the United Kingdom immediately before IP completion day to implement Articles 24, 25, 27 and 28 of Directive 2014/65/EU ("the relevant rules"), the request should be made in writing, and shall indicate whether the treatment as retail client or professional client refers to one or more investment services or transactions, or one or more types of transaction or product.

3. Where an eligible counterparty requests treatment as a client whose business with an investment firm is subject to the relevant rules, but does not expressly request treatment as a retail client, the firm shall treat that eligible counterparty as a professional client.