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In this act Article 45 of 92
Text as of 2 Aug 2022 · Consolidated version of 2 August 2022 · Same wording as today’s text.Today’s text

Article 45 — Information concerning client categorisation (Article 24(4) of Directive 2014/65/EU)

Financial servicesLevel 2Delegated RegulationMiFID IIIn forceOfficial source

45(1)

1.Investment firms shall notify new clients, and existing clients that the investment firm has newly categorised as required by Directive 2014/65/EU, of their categorisation as a retail client, a professional client or an eligible counterparty in accordance with that Directive.

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45(2)

2.Investment firms shall inform clients in a durable medium about any right that client has to request a different categorisation and about any limitations to the level of client protection that a different categorisation would entail.

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45(3)

3.Investment firms may, either on their own initiative or at the request of the client concerned treat a client in the following manner:

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45(3)(a)
(a)as a professional or retail client where that client might otherwise be classified as an eligible counterparty pursuant to Article 30(2) of Directive 2014/65/EU;
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45(3)(b)
(b)a retail client where that client that is considered a professional client pursuant to Section I of Annex II to Directive 2014/65/EU.
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