Ocean County · New Jersey

Counsel for Mantoloking Residents Who Own, Invest in or Sell Businesses

Mantoloking is mostly residential, so its business clients are usually owners and investors whose companies operate elsewhere. Paul H. Appel advises them on ownership structure, investments, shareholder terms and sales.

A residential borough

Business owners who live on the peninsula

Mantoloking is a small, largely residential barrier-island borough on the Barnegat Peninsula in Ocean County, between the Atlantic and Barnegat Bay, along Route 35.

With little commercial activity inside the borough, the people who call the firm from Mantoloking are rarely shopkeepers. They are founders, family-business owners, partners in professional practices and private investors whose companies are based in Monmouth County, North Jersey, New York or further afield. Their questions are about ownership: how interests are held, what an investment really buys, and how to get value out when it is time to sell.

Paul has practiced in New Jersey and New York and handles these matters personally. Clients work with him by phone or video, or meet at the Freehold office by appointment; the firm has no Mantoloking location.

Services in use

Four ownership questions Mantoloking clients raise

Structure

Holding interests through an entity

Some owners hold their stakes in operating companies, real estate or investments through a separate LLC. Done correctly, it can simplify management and help with succession; done carelessly, it adds filings without benefit. The decision should be made with your accountant and estate planner.

Choosing an entity

Co-owners

Shareholder and operating agreements

Closely held companies need written rules on voting, transfers, buyouts and deadlock. A shareholder agreement is especially important where family members or friends are co-owners and personal relationships could later complicate a decision.

Shareholder agreements

Investing

Putting money into someone else's company

Before investing, understand what you are receiving: equity or a loan, voting rights or none, information rights, and what happens if more capital is needed. Those terms belong in a signed document, not a handshake.

Exit

Selling a company you built

A sale involves structure, price mechanics, representations and post-closing obligations that can follow the seller for years. Paul negotiates those terms directly with the buyer or its counsel.

M&A services

Before you invest

Five questions to answer before backing a friend's venture

Mantoloking residents are often asked to invest in a local business, a relative's startup or a former colleague's new company. Goodwill is a poor substitute for terms. Before transferring money, get clear answers to these questions:

  • Am I buying an ownership interest, making a loan, or something in between such as a convertible note?
  • What percentage do I hold, and can it be diluted without my consent?
  • Will I receive financial statements, and how often?
  • Can I sell or transfer my interest, and to whom?
  • What happens to my money if the company fails, is sold or needs more capital?

A short review of the term sheet or operating agreement before you invest is far less costly than a partnership dispute later. The firm's page on resolving partnership disputes shows what happens when these questions go unanswered, and the Ocean County business law hub covers the firm's wider work in the county.

Questions

Mantoloking client questions

Should I hold my business interests through a separate LLC?

It depends on what you own and why. A holding LLC can consolidate several interests, simplify a later transfer to family and keep investment activity separate from personal finances. It also brings annual reports, separate accounts and tax filings. The decision should be coordinated with your accountant and estate planning attorney, and Paul can prepare the entity and transfer documents.

What should I check before investing in a friend's company?

Read the operating agreement or shareholder documents, confirm what class of interest you receive and how it can be diluted, and insist on information rights and a clear transfer clause. If the deal is a loan, it should be documented with a promissory note. Paul can review the documents for a flat fee before you commit.

Can Paul review a deal for a business outside New Jersey?

Paul has practiced in New Jersey and New York. For a company organized or operating in another state, he can often review the commercial and business terms of the deal and negotiate them for you, and he will say plainly when a question of that state's law or a local filing needs counsel admitted there. Raising this at the first call keeps the work properly scoped.

Paul H. Appel, Esq., business attorney, in his law library

Your attorney

Paul H. Appel, Esq.

Every matter at the firm is handled personally by Paul — the same attorney reads the documents, gives the advice and negotiates on your behalf.

Education
Columbia Law School, Juris Doctor (1967)
Experience
58+ years in commercial and business law
Focus for this matter
Commercial and business law for owner-run companies
Office
Freehold, NJ — serving Monmouth, Middlesex & Ocean Counties
More about Paul and the firm

Contact

Discuss Your Business Matter With Paul

Describe what the business is dealing with — a contract on your desk, a deal in progress, a dispute or a company you are about to form. You will hear back from the attorney who handles the work.

Start a conversation

Schedule a Free Consultation

Loading the secure consultation form… If it does not appear, call 917-748-6124 or email paul@paulappellaw.com.