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New version applies from 14/12/2017 — introduced by Commission Delegated Regulation (EU) 2017/2294. 96 provisions change. Later versions: 11/10/2019, 29/03/2021, 22/08/2021, 02/08/2022. Article 45 changes in this version: compare with the current text.

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

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

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.

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.

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

((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;

((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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