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Regulation 600/2014/EU - MiFIR Regulation (UK MiFIR) (Assimilated Law)RecitalsTitle I Subject matter, scope and definitions (arts. 1-2)Article 1 Subject matter and scopeArticle 2 DefinitionsTitle II Transparency for trading venues (arts. 3-13)Chapter 1 Transparency for equity instruments (arts. 3-7)Article 3 Pre-trade transparency requirements for trading venues in respect of shares, depositary receipts, ETFs, certificates and other similar financial instrumentsArticle 4 Waivers for equity instrumentsArticle 4a Suspension of waiversArticle 5 Volume cap mechanismArticle 6 Post-trade transparency requirements for trading venues in respect of shares, depositary receipts, ETFs, certificates and other similar financial instrumentsArticle 7 Authorisation of deferred publicationChapter 2 Transparency for non-equity instruments (arts. 8-11)Article 8 Pre-trade transparency requirements for fixed income instruments and derivatives etcArticle 9 Article 8: waivers or suspensions for fixed income instruments and derivatives etcArticle 10 Post-trade transparency requirements for fixed income instruments and derivatives etcArticle 11 Article 10: deferrals and suspensions for fixed income instruments and derivatives etcChapter 3 Obligation to offer trade data on a separate and reasonable commercial basis (arts. 12-13)Article 12 Obligation to make pre-trade and post-trade data available separatelyArticle 13 Obligation to make pre-trade and post-trade data available on a reasonable commercial basisTitle III Transparency for Systematic Internalisers and Investment Firms Trading OTC and Tick Size Regime for Systematic Internalisers (arts. 14-23)Article 14 Obligation for systematic internalisers to make public firm quotes in respect of shares, depositary receipts, ETFs, certificates and other similar financial instrumentsArticle 15 Execution of client ordersArticle 16 Obligations of competent authoritiesArticle 17 Access to quotesArticle 17a Tick sizesArticle 18 Systematic internalisers: pre-trade transparency requirements for fixed income instruments and derivatives etcArticle 18a Article 18: waivers and suspensions for fixed income instruments and derivatives etcArticle 18b Notification and publication requirementsArticle 19 Monitoring by the competent authorityArticle 20 Post-trade disclosure by investment firms, including systematic internalisers, in respect of shares, depositary receipts, ETFs, certificates and other similar financial instrumentsArticle 21 Investment firms (including systematic internalisers): post-trade transparency requirements for fixed income instruments and derivatives etcArticle 22 Providing information for the purposes of transparency and other calculationsArticle 23 Investment firms operating internal matching systemsTitle IV Transaction reporting (arts. 24-27)Article 24 Obligation to uphold integrity of marketsArticle 25 Obligation to maintain recordsArticle 26 Obligation to report transactionsArticle 27 Obligation to supply financial instrument reference dataTitle V Derivatives (arts. 28-34)Article 28 Obligation to trade on regulated markets, MTFs or OTFsArticle 28a Suspension or modification of Article 28Article 29 Clearing obligation for derivatives traded on regulated markets and timing of acceptance for clearingArticle 30 Indirect clearing arrangementsArticle 31 Risk reduction servicesArticle 32 Trading obligation procedureArticle 33 Mechanism to avoid duplicative or conflicting rulesArticle 34 Register of derivatives subject to the trading obligationTitle VI Non-discriminatory clearing access for financial instruments (arts. 35-38)Article 35 Non-discriminatory access to a CCPArticle 36 Non-discriminatory access to a trading venueArticle 37 Non-discriminatory access to and obligation to licence benchmarksArticle 38 Access for third-country CCPs and trading venuesTitle VII Supervisory measures on product intervention and positions (arts. 39-45)Chapter 1 Product monitoring and intervention (arts. 39-43)Article 39 Market monitoringArticle 40 ESMA temporary intervention powersArticle 41 EBA temporary intervention powersArticle 42 Product intervention by competent authoritiesArticle 43 Coordination by ESMA and EBAChapter 2 Positions (arts. 44-45)Article 44 Coordination of national position management measures and position limits by ESMAArticle 45 Position management powers of ESMATitle VIII Provision of sevices and performance of activities by third-country firms following an equivalence determination with or without a branch (arts. 46-49C)Article 46 General provisionsArticle 47 Equivalence determinationArticle 48 RegisterArticle 48A RequirementsArticle 49 Temporary prohibitions and restrictions and withdrawal of registrationArticle 49A Temporary prohibitions and restrictions: procedureArticle 49B Withdrawal of registration: procedureArticle 49C Notices under Articles 49A and 49BTitle IX Regulations, directions, rules and transferred functions (arts. 50-51)Chapter 1 Delegated acts (art. 50) [Deleted]Article 50 Treasury RegulationsArticle 50A Treasury DirectionsArticle 50B FCA Directions identifying relevant area of the UKArticle 50C Other FCA directionsArticle 50D FCA rulesChapter 2 Implementing acts (art. 51) [Deleted]Article 51 Transfer of MiFID functionsTitle X Final provisions (arts. 52-55)Article 52 Reports and reviewArticle 53 Amendment of regulation (EU) No 648/2012Article 54 Transitional provisionsArticle 55 Entry into force and applicationSchedule 1 Professional clients for the purposes of this regulationSchedule 1, Part 1 Introduction (paras. 1-2)Schedule 1, Part 2 Categories of client who are considered to be professional clients (paras. 3-4)Schedule 1, Part 3 Clients who may be treated as professionals on request (para. 5)Schedule 1, Part 4 Procedure (para. 6)Schedule 2 Directive 2014/65/EU - EU Regulations made under Title IISchedule 3 Transfer of Functions to the Treasury and RegulatorsSchedule 3, Part 1 Directive functions transferred to the Treasury (paras. 1-18)Schedule 3, Part 2 Powers to make technical standards transferred to the FCA (paras. 19-39)Schedule 3, Part 3 Powers to make technical standards transferred to the PRA and the FCA (paras. 40-44)Done at
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Version status: In force | Document consolidation status: Assimilated law updated to reflect all known changes
This version in force from: 31 December 2020

Schedule 1, Part 4 Procedure (para. 6)

Article 2.

6.

(1) A client satisfying the criteria in Part 3 may only be treated as a professional client if the following procedure is followed -

(a) the client must state in writing to the investment firm that it wishes to be treated as a professional client, either generally or in respect of a particular investment service or transaction, or type of transaction or product;

(b) the investment firm must give the client a clear written warning of the protections and investor compensation rights it may lose;

(c) the client must state in writing, in a separate document from the contract, that it is aware of the consequences of losing such protections.

(2) Before deciding to accept any request from a client to be treated as a professional client, investment firms must take all reasonable steps to ensure that the client in question meets the relevant requirements stated in Part 3.

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