ESA Joint Committee · priips-1 Final

Does the categorisation of a retail investor depend on the definition in Directive 2014/65/EU?

Regulation
PRIIPs
Answered
2017-08-18
Answer provided by
ESAs (EBA, ESMA, EIOPA)
⚠

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Question

Does the categorisation of a retail investor depend on the definition in Directive 2014/65/EU?

Answer

Yes, in accordance with Article 4(6) of the PRIIPs Regulation. It is noted that in addition to the categories of “professional clients” and “retail client” in Directive 2014/65/EU a number of Member States have introduced further categories (such as “qualifying investor”, “informed investor”, or “semi-professional investor”) which, by their definition, share some, but not all elements of the definition of “professional client” pursuant to Point 10 of Article 4(1) of Directive 2014/65/EU. The obligation in the PRIIPs Regulation to provide a KID extends to all investors that do not meet the criteria laid down in Annex II of Directive 2014/65/EU, irrespective of any additional categorisation provided for in national law.

This Q&A is published by ESA Joint Committee (EBA, ESMA, EIOPA) and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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