Hi all,
I haven't seen it mentioned in this thread but it might be relevant to some:
There are actually not just one but two ways a client can become categorized as 'Professional' under the current MiFID regulation.
The first possibility is the way that most are already familiar with and is widely discussed on forums is 'Professional client by request' which means one has to fulfill two of the following three criterias:
- the Client has carried out transactions, of significant size, on the relevant market at an average frequency of 10 per quarter over the previous four quarters;
- the size of the Client's financial instrument portfolio, defined as including cash deposits and financial instruments exceeds 500’000 Euro;
- the Client works or has worked in the financial sector for at least one year in a professional position, which requires knowledge of the transactions or services envisaged.
The other one is 'Professional client by Financial Authority Regulation'.
These are individuals or entities authorised or regulated by either an EU member state or by a non member State. So if the client has a registration number with any relevant government financial authority it automatically makes the client categorized as a Professional client without having to fulfill any further criterias.
The reason I know this is I myself am an EU resident working as an Investment Advisor which made me automatically qualify as a Professional client under MiFID.
As an advisor I also have EU resident clients who couldn't fulfill the criterias to become 'Professional clients by request' but still wanted to be able to trade US equities. I have simply arranged for them to receive a registration number from the same financial authority I am regulated by and they all became categorized as Professional clients.
Nice writeups covering the MiFID client categorization regulation can be found with a simple google search for example here:
https://www.fxdd.com/fileadmin/user_upload/pdfs/mt/en/MIFID_CLIENT_CATEGORISATION.pdf