Article 418

• 1

  Sections 4:19(1) and (3), 4:20(4) and (5), 4:22(2) to (4), 4:23, 4:24, 4:89, 4:90(2), 4:90a, 4:90b and 4:90d(1) shall not apply to the reception and transmission of orders and the execution of orders or directly related ancillary services with eligible counterparties.

• 2

  An investment firm may qualify a professional investor referred to in point q of the definition of professional investor in Article 1:1, or a firm with its registered office in another Member State that is not an eligible counterparty within the meaning of Article 1:1 and is designated as an eligible counterparty in that Member State, as an eligible counterparty if the client has agreed to that qualification.

• 3

  An investment firm may, notwithstanding paragraph 1, at the request of an eligible counterparty, apply each of Articles 4:19(1) and (3), 4:20(4) and (5), 4:22(2) to (4), 4:23(1) and (2), 4:23(4), 4 :24, 4:89, 4:90, 4:90a, 4:90b and 4:90d(1) against that party on a transaction-by-transaction or in general basis.

• 4

  A firm complying with Article 4:18c(1) and (2) may request the investment firm to be designated as an eligible counterparty if it has been designated as a professional investor under Article 4:18c(3) for the investment services or investment activities referred to in paragraph 1.