Mr David Dorgan

David Dorgan has over twenty years of legal experience and has established himself as one of the leading lawyers in Jersey uniquely combining strengths in private client and trusts, corporate and finance work. He has a significant specialism in private and commercial trusts and foundations, focusing on providing technical advice on their establishment and on-going administration which is tailored for the practical and commercial requirements of clients. He has extensive experience of drafting bespoke and complex trust instruments and foundation regulations for high and ultra-high net worth individuals and families, preparing bespoke will trusts and providing documentation for SPV, philanthropy, charitable and non-charitable purposes. He is a regular contributor of articles on trusts and foundations issues in the professional press and is the co-author of the ICSA Guide to Jersey Foundations. David also has considerable experience in corporate and finance matters, in particular transactions involving trustees refinancing or selling and/or purchasing trust fund property and/or high net worth individuals or families entering into entrepreneurial ventures. David also provides opinions to foreign courts, foreign revenue authorities and institutional lenders on complex issues relating to trust and corporate issues. David graduated with a Master of Laws degree, trained with a major offshore firm in Jersey and qualified as a Jersey Solicitor in 2006, as a Jersey Advocate in 2008 and as a Jersey Notary Public in 2011. He is a full member of STEP and holds the Islamic Finance Qualification from CISI.

Practice Area

Panel

  • Contributing Author

2 Contributions by David Dorgan

Jersey Foundations: Statutory Framework, Formation and Documentation, Governance, Regulatory Compliance, Firewall Provisions, Continuance/Merger, Winding-up, Taxation and Case Law
PRACTICE NOTES
Jersey Foundations: Statutory Framework, Formation and Documentation, Governance, Regulatory Compliance, Firewall Provisions, Continuance/Merger, Winding-up, Taxation and Case Law
For broader details on Jersey, refer to Spitz & Clarke Offshore Service: Jersey [JER.1]. What is a Jersey foundation? The foundation is a civil law construct and a statutory creature under Jersey law, brought in by the Foundations (Jersey) Law 2009 (Law). Best thought of as a hybrid, it combines company-like features with purposes akin to a trust. As with a company, it has separate legal personality and a council that manages its affairs, functioning much like a board of directors. However, it has no shareholders, and unlike a trust there are no beneficiaries with rights in the foundation’s assets or owed any fiduciary duty. Accordingly, a foundation has no owners and is viewed as an ‘orphan entity’. Use of foundations A Jersey foundation can be employed for almost any lawful purpose, save for two exceptions rooted in Jersey’s public policy and jurisprudence. Typical applications include: Asset protection/succession planning Families aiming to ring‑fence particular assets or to sidestep forced heirship rules, while setting out how family wealth should be distributed...
Private Client
Jersey trusts: legal framework, 2026 amendments, trustee and PTC regulation, trust types and uses, perpetuity and accumulation rules, firewall provisions, reserved powers, mistake/Hastings-Bass and rectification, and taxation overview
PRACTICE NOTES
Jersey trusts: legal framework, 2026 amendments, trustee and PTC regulation, trust types and uses, perpetuity and accumulation rules, firewall provisions, reserved powers, mistake/Hastings-Bass and rectification, and taxation overview
For broad information on Jersey, consult: Spitz & Clarke Offshore Service: Jersey: Commentary: General information. For details on Jersey cases, legislation and other legal topics, refer to: Jersey Legal Information Board. Legal framework The framework governing Jersey law trusts is primarily contained in the Trusts (Jersey) Law 1984 (as amended) (Law), supported by a significant corpus of judicial decisions. While rulings from England and other common law jurisdictions can carry strong persuasive value in Jersey, the Jersey courts have frequently taken an international lead through their trust law judgments, which have, in turn, become highly influential in other jurisdictions...
Private Client
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