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Regulation & safety

Professional Client

By Jarosław Wasiński • Published: • Updated:
A client classified as professional under the applicable regulatory framework. Some entities qualify by their nature; an individual seeking elective professional status under EU MiFID II needs an assessment, at least two specified quantitative criteria and the prescribed written procedure. Meeting two criteria alone does not automatically confer the status, and some retail protections may be lost.
Example. Under EU MiFID II, an individual with a portfolio above €500,000 and a relevant financial-sector role for at least one year still needs the firm’s assessment and the written opt-up procedure. Two numerical criteria are not an automatic approval.

The elective-client criteria

Annex II requires at least two of: significant-size transactions in the relevant market averaging ten per quarter over the previous four quarters; a financial-instrument portfolio, including cash deposits, exceeding €500,000; or at least one year in a financial-sector role requiring knowledge of the intended transactions or services. The firm must also assess expertise, experience and knowledge.

Written procedure and scope

The client requests professional treatment in writing, receives a clear written warning about protections and compensation rights that may be lost, and separately acknowledges the consequences. The classification may cover particular services or transactions. Do not translate this EU example into a claim about another country’s rules.

Reference: MiFID II Annex II. Checked 8 September 2026; verify later changes before relying on jurisdiction-specific rules.

A decision about protection

Before opting up, compare specific rights lost and retained, margin requirements and complaint routes. Higher available leverage does not reduce position risk. Document the classification's scope and notify the firm of material changes affecting continued eligibility.

Primary source checked 11 October 2026: www.esma.europa.eu.

FAQ

Does a portfolio of exactly EUR 500,000 meet the size criterion?

The EU criterion requires exceeding EUR 500,000. Equality alone does not meet it; assessment and procedure also remain necessary.

Is Poland's experienced-retail category professional status?

No. It is a separate category in Poland's CFD intervention, not MiFID II professional classification.

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Jarosław Wasiński

Editor-in-chief, ForexMechanics.com • Macro & FX analyst

Independent analyst and practitioner with over 20 years of experience in financial markets. Actively involved in Forex since 2007, with a focus on fundamental analysis, OTC market structure, and disciplined capital risk management.

  • Creator and editor-in-chief of MyBank.pl, providing reliable financial education since 2004.
  • Author of hundreds of in-depth market commentaries, structural analyses, and educational materials for traders and investors.
  • Advocate for market transparency, promoting education grounded in hard data and institutional reports (BIS, ESMA, CFTC).

All content is educational and informational only – it does not constitute investment advice or a recommendation. Remember: leveraged trading (Forex/CFD) carries a high risk of rapid capital loss.