Clients referred to in Article D. 533-12 may waive the protection afforded by the rules of conduct only in accordance with the following procedure:
1° The client shall notify the investment service provider other than an asset management company in writing of its wish to be treated as a professional client, either at any time, or for a given investment service or transaction, or for a type of transaction or product;
2° The provider of investment services other than a portfolio management company must clearly specify in writing the protections and rights to compensation that the client may be deprived of;
3° The client declares in writing, in a document separate from the contract, that he is aware of the consequences of waiving the aforementioned protections.
Before deciding to accept this waiver, the investment services provider other than an asset management company must take all reasonable steps to ensure that the client wishing to be treated as a professional client meets the criteria set out in Article D. 533-12.