I. – An investment service provider other than an asset management company shall establish and implement appropriate written policies and procedures for classifying its clients as non-professional clients, professional clients or eligible counterparties.
Non-professional clients by nature are clients, including clients referred to in the first paragraph of paragraph 1 of II of Annex 2 to Directive 2014/65/EU of 15 May 2014, other than those referred to in Article D. 533-11.
II. – An investment service provider other than a portfolio management company shall inform its clients of their categorisation as a retail client, professional client or eligible counterparty.
It shall also inform them in the event of a change of category.
It shall inform its clients in a durable medium of their right to request a different categorisation and of the resulting consequences for their level of protection.
III. – It is the responsibility of the professional client or eligible counterparty to inform the investment services provider other than an asset management company of any change that may affect its categorisation.
IV. – Where an investment service provider other than an asset management company becomes aware that a professional client or an eligible counterparty no longer fulfils the conditions under which it was categorised as such, it shall take appropriate action.
V. – It shall be the responsibility of the professional client by nature or the eligible counterparty in accordance with Article 71(4) of Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 to apply to be placed in a category offering greater protection if it considers that it is unable to properly assess or manage the risks to which it is exposed.