In this article
After this article, you can
- Identify cash and financial instruments relevant to the MiFID portfolio criterion.
- Separate a directly owned home from the financial portfolio test.
Terms at hand: ESMA regulation · KNF Regulation · Leverage · Position notional (notional value) · Balance · CFD (contract for difference)
When you open a CFD account, client classification affects leverage and legal protections. This article compares ordinary retail treatment, Poland's experienced-retail category and professional treatment on request. Experienced-retail status is a Polish national arrangement, not a third MiFID II category available across every jurisdiction. Confirm which entity, country rules and classification documents apply to your service before requesting a change.
Where the three client categories come from
MiFID II distinguishes retail and professional clients and also recognises eligible counterparties for specified services. Poland's experienced-retail treatment is a national CFD arrangement; it does not turn a retail client into a professional. For professional treatment on request, Annex II requires an assessment and procedure as well as at least two of its three criteria.
ESMA’s 2018 intervention introduced temporary restrictions for retail CFD offers: initial-margin limits, account-level close-out and negative-balance protection, incentive restrictions and risk warnings. Treat that document as historical. Current application requires the relevant national measure and product scope, such as the Polish KNF decision or the UK FCA rules, rather than an assumption that one 2018 package covers every account.
Classification is a legal assessment, not a ladder of trading prestige or profitability. Before requesting a change, compare the written safeguards for the actual service and identify what is mandatory, contractual or excluded. The background is explained in MiFID II regulation in forex.
The retail client — check the applicable CFD safeguards
For ordinary retail CFDs under the Polish KNF decision, minimum initial margin is 3.33% for the specified major-currency group, 5% for other currency pairs, listed major indices and gold, 10% for other commodities and indices, 20% for shares and other reference values, and 50% for cryptocurrency CFDs. These are product-specific minima; a provider can require more. Other jurisdictions can have different definitions or product prohibitions. Margin restricts exposure but does not guarantee that capital will remain after a sharp move.
The Polish decision limits covered retail CFD liabilities at the CFD-account level. Its close-out rule applies when cash plus unrealised CFD P&L falls below half the total initial-margin requirement for the open CFDs; it requires closing at least one position on the prescribed terms. It does not promise which losing position closes first, the exact fill or a preserved deposit. Incentive restrictions and provider-specific risk warnings also have defined scope. See negative balance protection for the separate liability mechanism.
Retail-CFD restrictions address leverage, close-out, negative balances, incentives and risk warnings. Check the applicable national measure and client category before requesting a change.
The experienced client — the Polish gateway to 1:100 leverage
The experienced-retail arrangement belongs to the Polish KNF CFD intervention decision. Qualifying clients remain retail; a 1% initial-margin requirement applies only to the specified instruments and conditions. Other retail CFD safeguards remain within the decision's scope. It is not an across-the-board 1:100 limit for every instrument or country.
The Polish experienced-retail status requires both qualifying CFD opening activity within the previous 24 months and documented derivatives knowledge. The KNF decision specifies three alternative experience routes and the permitted knowledge evidence; providers assess a written request and recheck conditions at least annually. A training route requires at least 50 hours, knowledge verification and the specified evidence from the previous 12 months. It is not automatic qualification, a profitability credential or advice to trade more to meet a threshold.
Total wealth is not the specified portfolio
For the professional-on-request criterion, first identify which assets belong to the specified category. Adding arbitrary assets does not establish the correct base.
A hypothetical private individual; the home is directly owned real estate, not a fund unit or security. We assume valid EUR valuations and no other assets. Only one criterion is examined, not the full status decision. The document MiFID II — Annex II specifies a portfolio of cash and financial instruments exceeding EUR 500,000; it is neither a total-wealth test nor a standalone qualification.
Annex II specifies a cash and financial-instrument portfolio exceeding EUR 500,000. Even meeting this point would form only part of the assessment and procedure. Do not increase trading activity or debt to force a match with the criterion; this analysis concerns existing documents.
The professional client on request — what you actually surrender
For professional treatment on request under MiFID II Annex II, the firm must assess expertise, experience and knowledge. At least two criteria are required: significant transactions on the relevant market at an average frequency of 10 per quarter over the previous four quarters; a cash-and-financial-instrument portfolio exceeding EUR 500,000; and at least one year in a financial-sector position requiring knowledge of the envisaged transactions or services. The client requests treatment in writing, receives a clear written warning about protections and compensation rights they may lose, and acknowledges those consequences separately from the contract.
Mandatory retail CFD measures do not automatically protect a professional account, and a category change does not guarantee any particular higher leverage. Read the actual limits and any contractual negative-balance protection, including conditions and exclusions. Contractual protection can create rights under the agreement; it is not simply “goodwill”. Complaint routes and compensation eligibility require separate checks rather than a blanket claim that every professional loses every right.
The three categories side by side — leverage versus protection
The table compares ordinary retail CFDs in the Polish decision, its experienced-retail arrangement and professional treatment on request under MiFID II. The experienced client remains retail, so a lower minimum margin is not necessarily obtained by surrendering the other retail safeguards.
| Category | Margin framework | Negative balance protection | Qualification outline |
|---|---|---|---|
| Ordinary retail — Polish CFD example | At least 3.33% for the specified major-pair group | Covered CFD-account liability limit under the decision | Retail classification; instrument and provider requirements still apply |
| Experienced retail — Poland | A provider may use 1% for the specified groups | Other retail duties under the decision remain | Qualifying opening history plus knowledge, written request and review |
| Professional on request — MiFID II | Actual professional product and provider terms | No automatic retail-CFD entitlement; check any contractual protection | Assessment, at least two of three criteria and prescribed written procedure |
Keep the same position when comparing margin rules. In a hypothetical PLN 20,000 account, five standard EUR/USD lots mean EUR 500,000. Assume EUR/USD is 1.1000 and USD/PLN is 4.00, so the initial notional is PLN 2,200,000. Exact model ratios of 1:30 and 1:200 require approximately PLN 73,333 and PLN 11,000 respectively. These are assumed contract ratios, not a quote or a substitution of 1/30 for the decision’s literal 3.33%. At that same volume, a 100-pip adverse move is USD 5,000, or PLN 20,000 at the fixed model conversion, before costs. This describes price sensitivity, not a guarantee that the position survives margin close-out. The account balance alone neither proves nor rules out professional qualification. Compare the one-to-five-hundred leverage trap with the actual position size.
What to do before you sign a category-change request
- Check your current category in the client panel. Log into the broker platform and find your MiFID II status in the account settings — usually in the account-details or documents section. If you do not know whether you are retail, experienced or professional, you are not ready for any "upgrade", because you do not know what level of protection you are starting from.
- Check the relevant professional criteria. Use the actual market, significant-size standard, average quarterly activity, portfolio and employment evidence. For this MiFID II request route, at least two criteria plus the assessment and written procedure are required. Per-se professional categories are a different route.
- Compare protection before and after. Check the service scope, margin, liability limit, professional contractual terms and compensation eligibility. One negative-balance paragraph is not the entire account agreement or a guarantee of the maximum loss on every product.
- Identify the exact Polish route if relevant. Experienced-retail treatment concerns specified initial-margin groups while the client remains retail; it is not an automatic upgrade or a reason to place qualifying trades. Use the forex broker selection checklist for 2026 and distinguish the major-pair leverage framework from the actual provider requirement. Further context is in the regulations section.
Check your understanding
One short exercise
About 2 min · you can try again
A person has EUR100,000 cash, EUR390,000 financial instruments and a EUR200,000 home. What portfolio base does the diagram show?
- EUR690,000 and automatic professional status.
- EUR490,000; this criterion is not met.
- EUR390,000, because cash never counts.
Check the answer and explanation
EUR490,000; this criterion is not met.
Add cash and instruments. The result does not exceed EUR500,000; this example does not decide the other criteria or procedure.
Frequently asked
How does an experienced client differ from a professional client?
Experienced-retail treatment is a Polish national CFD arrangement, while professional treatment is a distinct MiFID II classification. Qualifying experienced clients remain retail; the lower initial-margin requirement applies only to specified instruments and conditions. Do not extrapolate it to every instrument or country. A professional-classification request involves criteria, assessment and a prescribed procedure and can remove retail CFD safeguards.
What criteria must I meet to become a professional client on request?
Annex II of the MiFID II directive requires meeting at least two of three criteria. The first is a financial instrument portfolio, including cash, exceeding five hundred thousand euro. The second is significant activity — on average ten transactions of meaningful size per quarter over the previous four quarters. The third is professional experience in a financial-sector role that demands knowledge of the relevant instruments, for at least one year. The broker must additionally assess whether you genuinely understand the risk and confirm the category change in writing. Meeting two thresholds is therefore not automatic — it is a procedure, not a formality.
Does a professional client still have negative balance protection?
Mandatory account-level negative-balance protection under the European retail CFD intervention framework concerns covered retail CFDs. It is not a blanket protection for professional accounts or every product. A provider may offer contractual protection separately; read the agreement and conditions before requesting reclassification.
A broker advertises 1:500 leverage after upgrading to professional. Is that a good offer?
A higher available leverage ratio changes the margin requirement; it does not change the price sensitivity of the same position. Professional treatment can remove mandatory retail CFD safeguards and is subject to the applicable classification procedure. Under the MiFID II request route, a large portfolio is only one of three criteria, not a requirement alongside employment in every case. Read the exact product, entity, protection and assessment documents; no advertised 1:500 ratio establishes suitability or entitlement.
Sources & bibliography
-
European Securities and Markets Authority ESMA adopts final product intervention measures on CFDs and binary options · ESMA’s historical June 2018 EU retail product-intervention announcement. www.esma.europa.eu ↗
-
EUR-Lex / European Parliament and Council Directive 2014/65/EU (MiFID II) — Annex II, Professional clients · EU MiFID II provisions on professional-client classification and assessment. eur-lex.europa.eu ↗
-
Polish Financial Supervision Authority KNF Decision DAS.456.2.2019 of 1 August 2019 · Poland’s 2019 CFD product-intervention decision, including retail-client categories. dziennikurzedowy.knf.gov.pl ↗
-
Financial Conduct Authority PS19/18: Restricting contract for difference products sold to retail clients · The FCA’s 2019 UK retail CFD policy statement, including client classification. www.fca.org.uk ↗
-
European Securities and Markets Authority MiFID II — Annex II: professional clients · The EU provisions distinguish per-se and on-request treatment and require assessment, two of three criteria and the prescribed written warning and acknowledgement. www.esma.europa.eu ↗
-
Financial Conduct Authority COBS 22.5 — retail CFDs and similar speculative investments · Current UK rules have defined firm, product and retail-client scope; mandatory retail protections are not a blanket entitlement for every professional account. handbook.fca.org.uk ↗
