Required Disclosures, Fees, and Conflicts

Review the Series 22 disclosure duties around costs, fees, sponsor conflicts, product characteristics, and customer-facing explanations.

Even when a DPP appears to fit the customer, the recommendation still fails if the economics and conflicts are not explained fairly. Series 22 wants the representative to disclose not just the upside story, but also the costs, compensation, structural conflicts, and practical limits that affect the customer’s result.

This is a common trap area because the candidate may understand the product in broad terms but still understate how fees, sponsor incentives, or organizational costs affect investor outcomes. The stronger exam answer usually expands disclosure instead of compressing it.

What has to be disclosed clearly

The representative should be prepared to explain, in plain language:

  • the nature of the DPP and its major risks
  • how the sponsor and selling parties are compensated
  • what fees or expenses reduce investor economics
  • what conflicts of interest exist
  • how illiquidity, transfer limits, and uncertainty affect the investment

Series 22 usually favors the answer that gives the customer more useful transparency before the sale is accepted.

Fee and conflict reflex table

If the issue involves…What should be disclosed clearlyWhy the exam cares
organizational or offering coststhat part of investor capital may be consumed by upfront expensesfees can reduce the capital working for the investor
management or sponsor compensationwho gets paid and how ongoing fees affect returnssponsor incentives shape the economics of the program
acquisition, disposition, or transaction chargeswhen those charges arise and who bears themcustomers should understand event-driven cost drag
conflicts of interestwhere sponsor incentives may diverge from investor interestsfairness requires explaining conflicts, not hiding them in jargon
illiquidity and valuation limitsthat the position may be difficult to sell or value promptlycustomers cannot assess the product honestly without this information

Disclosure quality matters

Series 22 is not satisfied with the idea that the disclosure exists somewhere in the paperwork. The representative should be able to explain the important points fairly and without minimizing them.

That means the better answer usually avoids:

  • vague references to “standard fees”
  • hand-waving away sponsor compensation
  • describing conflicts as irrelevant because the sponsor is experienced
  • treating illiquidity as a minor inconvenience

If the stem makes the economics look complicated, the stronger answer is often the one that gives the customer a fuller explanation before the recommendation is accepted.

When the fee structure is the real warning sign

The exam often uses fees and conflicts as signals that the candidate should slow down. If the product depends on optimistic assumptions while also carrying layered costs and sponsor incentives, the customer needs especially clear disclosure. The representative should not act as if the customer can evaluate the program without understanding those economics.

Better exam instinct

Where two answer choices both involve disclosure, Series 22 usually prefers the one that is:

  • more complete,
  • more specific about economics,
  • more candid about conflicts, and
  • earlier in the process.

The weaker answer is usually the one that assumes complex fees and conflicts can be left to fine print after the customer is emotionally committed.

Common exam traps

  • disclosing the product idea but not the economic drag from fees
  • describing compensation generally without explaining how it can affect outcomes
  • assuming delivery of an offering document cures a poor verbal explanation
  • minimizing sponsor conflicts because the program is reputable
  • postponing meaningful fee disclosure until after the customer decides to buy

Sample exam question

A representative describes a DPP as a strong income opportunity but gives only a general statement that “normal program fees apply.” The offering also includes sponsor compensation and other costs that materially affect investor economics. Which response best fits Series 22?

A. The disclosure is sufficient if the customer can ask questions later B. The disclosure is sufficient because all DPPs involve expenses C. The representative should explain the significant fees and conflicts more clearly before the sale proceeds D. The representative may omit the details if the sponsor has a strong track record

Answer: C. Series 22 favors clear, meaningful disclosure of the economics and conflicts that affect the investor’s result. Generic references to fees are not enough when the cost structure matters.

Revised on Thursday, April 23, 2026