Richard Mack

About Richard Mack

Richard V. Mack, a partner in the Phoenix office of Zelms Erlich & Mack, has been a lawyer since 1990. He is a State Bar of Arizona certified real estate specialist and AV Preeminent® by Martindale Hubbell. He has also been designated as a 2008–2012 and 2014–2021 Super Lawyer and is a member of Arizona’s Finest Lawyers. Mr. Mack also serves on the Arizona State Bar Real Estate Advisory Commission, which oversees the Real Estate Specialization Program, serving as vice chair in 2021. Mr. Mack is admitted to practice in the state and federal courts of Arizona and before the 9th Circuit Court of Appeals. Mr. Mack graduated magna cum laude from Southwestern College in Winfield, Kansas with a BBA with an emphasis in economics, and received his JD from the University of Arizona.

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Education

• Law School: U of Arizona

Common questions about Business Law in Arizona

Answered by Arizona Attorney Search Network

What's the difference between an LLC and a corporation in Arizona?

An LLC under ARS Title 29 (Arizona Limited Liability Company Act) offers liability protection with pass-through tax treatment by default and minimal corporate formalities. A corporation under ARS Title 10 has shareholders, directors, and officers, requires annual meetings and minutes, and is taxed as a separate entity (C-corp) unless an S-election is made. LLCs are generally preferred for small businesses; corporations are preferred when raising venture capital.

Can I sue a former business partner in Arizona?

Yes. Disputes between business partners or LLC members commonly involve breach of fiduciary duty, breach of operating agreement or partnership agreement, accounting actions, dissolution, and derivative claims. ARS § 29-3110 (LLC fiduciary duties) and ARS Title 29, Chapter 5 (partnership) provide the substantive framework. Most business-divorce cases settle through buy-out negotiations; litigation can be expensive due to discovery into business records.

What does the Arizona Corporation Commission regulate?

The ACC under Article XV of the Arizona Constitution regulates incorporated entities (filings, annual reports), public utilities and pipelines, securities offerings, and railroad and utility safety. Business entity matters include filing Articles of Incorporation/Organization, accepting service of process, and maintaining the public corporate registry.

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