HOW TO SERVE LEGAL PAPERS ON DELOITTE & TOUCHE LLP

Deloitte

Undisputed Legal | Process Service

Deloitte Touche Tohmatsu Limited (or Deloitte) is a household name, with the company established as one of the Big Four accounting firms. Headquartered in London, England, Deloitte has regional offices in over a hundred and fifty countries throughout the globe. 

Interestingly, although the firm has existed for over a century, a name conflict that arose as a result of the US-led mergers that created Deloitte & Touche influenced how the company is known today. Considering that the important member companies like Deloitte in the UK and Touche Ross in Australia had not joined the merger yet, there was no global exclusive access to the names ‘Deloitte’ or ‘Touche Ross‘. It was only in 1993 that the company was renamed Deloitte Touche Tohmatsu after a restructure to combine it with other accounting firms.

[1.0] HOW DOES DELOITTE WORK

Deloitte & Touche was established in London in 1845 and grew to include the United States in its business by 1890. The firm was renamed Deloitte Haskins & Sells in 1972, and Deloitte & Touche in the US in 1989. The firm’s name was officially changed to Deloitte Touche Tohmatsu in 1993 and is now commonly referred to as just Deloitte. 

Major controversies including its involvement in the ‘potentially misleading’ report on illicit tobacco trading in Australia, as well as lawsuits regarding the audits of several of its clients, have included lawsuits alleging its role as auditor of the insolvent contractor Carillion and a cyber-attack which breached client confidentiality as well as exposing extensive employee information in September 2017.

[1.1] DELOITTE’S CORPORATE STRUCTURE

Most member companies provide services in areas that differ in accordance with national law wherein each company could be all run from the same corporate body or via several subsidiaries legally functioning under an umbrella corporation for the country.

A Swiss-style cooperative association (the equivalent of an unincorporated association,) members are incorporated into Deloitte Touche Tohmatsu Limited (DTTL) in an almost mutually divergent manner, with each member company being legally self-sufficient. While every member company is unique and independent, its worldwide network remains distinct and governed by the rules and Process Service regulations of the nations in which it is established.

Deloitte LLP is the member firm of DTTL in the US. Clients will not be able to avail themselves of the professional services of Deloitte LLP itself. Instead, services are primarily provided by the subsidiaries of Deloitte LLP, including: [A.] Deloitte & Touche LLP, [B.] Deloitte Consulting LLP, [C.] Deloitte Financial Advisory Services LLP and [D.] Deloitte Tax LLP

Deloitte LLP assists in coordinating these subsidiaries’ operations. These businesses under Deloitte LLP are independent and distinct legal entities wherein all of these subsidiaries have their own CEO, have their own board of directors, and are all managed under Delaware law. When one of Deloitte LLP’s subsidiaries is contracted to provide services, that subsidiary is the sole entity legally liable for that service and there is prospective responsibility solely on its behalf if any claims emerge. 

A lot of professional service networks employ this divisional structure. Healthcare and accounting try to reduce vicarious liability for acts of colleagues not closely affiliated to other members. DTTL has the same structure wherein DTTL member firms and member firms are not legally obligated to each other, even if they do fall under the DTTL umbrella. Thus, at this time, the bulk of professional services are provided by member businesses rather than DTTL itself. This framework is built for the non-management personnel to prevent them from being held accountable for the actions of the individuals distinct from them. It may possibly be because of this structure that these businesses are often involved in the IFAC Forum of Firms.

[2.0] RETENTION OF RECORDS BY DELOITTE

For compliance with regulatory, tax, and financial reporting requirements, as well as for fulfilling commitments to clients, accurate and comprehensive records are needed. Managers of staff and freelancers who record new information into the firm’s business records (including, but not limited to, time, expense, and client billing records, regulatory, or other financial reports) are held to the same standard: being truthful, accurate, legible, complete, and timely while adhering to the firm’s policies and all applicable legal and Process Service standards. Process Service regulations are required of every corporation in order to help comply with legal documents like subpoenas. 

In keeping with the legal and commercial obligations specific to the professions under Deloitte, it is important to preserve all records. This is especially relevant since Deloitte is highly renowned for its accounting practice, requiring a higher standard of diligence.  The personnel thus have an obligation to know and fulfill all current relevant records retention policies and Process Service procedures in order to maintain the integrity of the record-keeping and reporting systems. This is all-inclusive of how data is shared, saved, and accessed, as well as disposal options.

Changes to and destruction of records are specifically forbidden in circumstances [A.] where prohibited by law, by government regulation, or by Deloitte policy, [B.] where there exists an overriding governmental, regulatory, or contractual requirement or [C.] where there is knowledge of—or anticipation of—a  subpoena or other request for documents, a regulatory investigation, or a lawsuit that would require retention for adequate Process Service. An internal company policy that spans Deloitte subsidiaries is that no company can destroy, alter, or cause the destruction or alteration of Process Service documents for any illegal or improper purpose. 

[3.0] DELOITTE SUBSIDIARIES

  1. DELOITTE & TOUCHE LLP

Deloitte & Touche LLP provides an in-depth analysis of all facets of accounting in the United States. Deloitte LLP (US subsidiary of the worldwide Big Four accounting firm Deloitte Touche Tohmatsu) is the accounting company for the organization. Deloitte & Touche LLP provides audit and enterprise risk services, wherein the company does business by providing customers with financial statement audits and analyses. The services that the company provides are more than just accounting and include annual financial reporting, regulatory updates, employee benefit audits, and venture capital services. 

 Other US entities that provide tax, consulting, and financial advisory services are also managed by Deloitte LLP. Deloitte & Touche LLP is regulated by the U.S. Security and Exchange Commission and incorporated in the state of Delaware, although it retains a business address in New York. Department of State Process Service may be forwarded to this address as well. For financial reporting, their fiscal year ends on May 31st. 

  1. DELOITTE CORPORATE FINANCE LLC 

Deloitte Corporate Finance LLC is a broker-dealer regulated by the U.S. Security and Exchange Commission and incorporated in the state of Delaware. For financial reporting, their fiscal year ends on May 31st. The entity falls under the umbrella of a limited liability company doing business in the state of New York, wherein a foreign limited liability company should apply for authority to do business in this state by submitting to the Department of State [A.] a certificate of existence or a certified copy of the articles of organization of the limited liability company and [B.] the actual application for authority as a foreign limited liability company. 

The entity provides independent M&A and debt advisory services, relying on its global network, local insight, and extensive sector knowledge and deal experience. To further meet client needs, Deloitte Corporate Finance’s financial services industry experts use an integrated approach, combining the core areas of banking and capital markets, insurance, and investment management. The variety of services and in-depth industry expertise provided by Deloitte member companies enables one to properly comprehend each clients’ specific business requirements, a service that it has been providing since its establishment on 8th May 2001. Process Service may also be levied upon Deloitte Corporate Finance’s registered agent, CT Corporation System.

Deloitte Corporate Finance LLC as a corporate finance consulting firm was set up as a limited liability corporation by Deloitte Corporate Finance Holding LLC (sole member and parent company), requiring Process Service to be tailored specifically to the company type. The Company was formed in Delaware in January 2001 after it obtained its articles of organization from the state. and a participant in the Financial Industry Regulatory Authority (FINRA).

Revenue that has been derived from contracts with clients who provide advisory services in connection with M&A and other services (such as consultancy) is a bulk of the entity’s revenue. Usually, revenue is recognized after the performance of the advisory services has been finished, which is generally the date of closure of the deal or the contract cancellation date. Many advising services throughout time have been credited with offering customers many advantages.

Refundable retainer payments are an integral part of a performance commitment and as such, are recorded as deferred expenses. Once the performance requirement is fulfilled, the company will reimburse the necessary expenditures and reimbursable expenses. Non-refundable retainer payments may be taken out in advance, and costs incurred during the engagement are reimbursable. Once the performance requirement is met, the business pays these retainers and reimbursable costs. With initial maturities of ninety days or less, all highly liquid assets are considered cash equivalents by the Company.

  1. DELOITTE CONSULTING LLP 

Deloitte Consulting LLP is a subsidiary of Deloitte Touche Tohmatsu Limited. Overseen by the U.S. Security and Exchange Commission and incorporated in the state of Delaware, the entity aims to offer clients an integrated and comprehensive portfolio of solutions, leveraging market disruptors to drive innovation and value in their ongoing operations. For financial reporting, their fiscal year ends on May 31st. The entity was established on 25th February 2005, although its international counterpart has seen existence from 29th February 1996. The corporation retains CT Corporation Service Company as its registered agent for Process Service.

This business entity, unless it practices public accountancy, requires only filing with the Department of State and providing the Department with a certified copy of that failing to adhere to Process Service requirements. However, LLPs must comply with State as well as Process Service prerequisites, wherein [A.]  the proposed name of the partnership should appropriately describe the profession practiced and the services to be provided and not be false, fraudulent, deceptive, or misleading and [B.]  if the proposed name of the partnership includes a reference to a specialized area of professional practice, satisfactory evidence should be submitted substantiating the authority to use such specialty designation.

As an alternative to working directly with customers, consulting offers services such as strategy, analytics, and mergers and acquisitions in the four broad categories of [A.] human capital, [B.] customer and marketing, [C.] core business operations, and [D.]  enterprise technology and performance. Over 40% of overall sales will come from consulting, with Deloitte Consulting being Deloitte’s biggest business.

D. DELOITTE FINANCIAL ADVISORY SERVICES LLP 

Deloitte Financial Advice Services LLP offers financial advisory services. This company provides consulting services such as investigatory and forensics consultancy, combatting fraud, financial inspections, capital construction, capital budgeting, corporate finance advice, corporate investigations, real estate advisory, and tangible asset value from its establishment on 11th August 2003. Deloitte Financial Advisory Services LLP is regulated by the U.S. Security and Exchange Commission falls under the Process Service jurisdiction of the state of Delaware, although it was incorporated in New York. The entity retains Corporation Service Company as its registered agent to accept Department of State Process Service. 

  1. DELOITTE TAX LLP 

Deloitte Tax LLP offers tax preparation and tax consulting services. Taxes, in particular federal taxes, are offered by the company in a number of different scenarios, such as multi-state taxes, mergers and acquisitions, and tax Process Service compliance. Deloitte Tax does business all across the globe. The comprehensive tax compliance structure Deloitte uses allows investors to ensure practical tax guidance is followed from one jurisdiction to the next. The company attempts to make tax administration and supervision more streamlined while also offering global insight for strategic choices, all while dealing with a worldwide service provider. 

Deloitte Tax LLP is regulated by the U.S. Security and Exchange Commission and incorporated in the state of Delaware, although its place of business and Process Service would be conducted in New York. It retains CT Corporation as its registered agent for Process Service.

  1. DELOITTE TOUCHE TOHMATSU SERVICES, LLC 

Deloitte Touche Tohmatsu Services, LLC is regulated by the U.S. Security and Exchange Commission and regulated by the jurisdiction of the state of Delaware, incorporated in New York. The entity is a foreign limited liability corporation established in New York on 16th December 2020, although its foreign counterpart has been established on 30th June 1992. A business entity is considered domestic only in its state of formation. In all other states, the entity is regarded as foreign and may need to qualify or register to do business in those states. Foreign entities are prohibited from doing business in New York until they obtain authorization from the New York State Department of State (DOS) to conduct business or be competent to accept Process Service.

The registered agent qualified to accept Process Service on behalf of the entity is CT Corporation Service Company. 

Deloitte has branched out to offer digital transformation consulting to serve the needs of the digital age. The company has established itself as one of the leading sources of tax law interpretation and is considered an expert on changes in accounting and auditing standards. Deloitte’s International Tax professionals offer services that help multinational companies align their tax strategies to their business, through a wide variety of compliance and advisory services. 

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Since Deloitte, Ross, and Tohmatsu are known as Deloitte, Ross, and Tohmatsu,

2. Corderoy, Amy. ‘Study Burns Claims Plain Packaging Would Cost Tobacco Retailers $460m.’ The Sydney Morning Herald, The Sydney Morning Herald, 21 Mar. 2012, www.smh.com.au/politics/federal/study-burns-claims-plain-packaging-would-cost-tobacco-retailers-460m-20120321-1vkac.html. 

The tobacco industry commissioned Deloitte to prepare a study on illegal tobacco in 2011. Customs and Border Protection Service authorities took issue with the ‘reliability and correctness of the data and deemed the report potentially deceptive. The second Deloitte study on counterfeit cigarettes was said to be ‘baseless and misleading’ and ‘bogus’ by the Minister of Home Affairs, Brendan O’Connor. Placing the credibility of the tobacco industry’s efforts to undermine the Australian government’s plain cigarette packaging law at risk, the public health community blasted Deloitte’s choice to undertake the study.

3. ‘Carillion Fiasco Shows Why Auditors Must Be Accountable to Parliament | Robert Brooks.’ The Guardian, Guardian News and Media, 20 May 2018, www.theguardian.com/commentisfree/2018/may/20/carillion-auditors-recklessness-hubris-greed. 

4. ‘Deloitte Hit by Cyber-Attack Revealing Clients’ Secret Emails.’ The Guardian, Guardian News, and Media, 25 Sept. 2017, www.theguardian.com/business/2017/sep/25/deloitte-hit-by-cyber-attack-revealing-clients-secret-emails. 

5. ‘Deloitte Organization Structure.’ Deloitte, 15 Sept. 2020, www2.deloitte.com/global/en/pages/about-deloitte/articles/network-structure.html. 

6. Some public accounting laws and regulations may prohibit customers from receiving attest services.

7. ‘Transnational Auditors Committee & Forum of Firms.’ IFAC, 16 June 2021, www.ifac.org/who-we-are/committees/transnational-auditors-committee-forum-firms. 

8. 30 ROCKEFELLER PLAZA

NEW YORK NY 10112

9. Business Phone 3033124079

10. DELOITTE CORPORATE FINANCE LLC

Address: 28 LIBERTY STREET, NEW YORK, NY, United States, 10005

11. C T CORPORATION SYSTEM

12. Address:28 LIBERTY ST., NEW YORK, NY, 10005

 Mailing Address

1633 BROADWAY

NEW YORK

NY

10019

13. CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, 12207 – 2543

14. 802 LLC – LIMITED LIABILITY COMPANY LAW

15. FOREIGN FORMATION DATE:06/13/2003

16. Business Address

30 ROCKEFELLER PLAZA

NEW YORK NY 10112-0015

Business Phone 615-882-7270

17. CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, 12207

Mailing Address

30 ROCKEFELLER PLAZA

NEW YORK

NY

10112-0015

18. 30 ROCKEFELLER PLAZA

NEW YORK NY 10112-0015

Business Phone 615-882-7270

19. 1221 AVENUE OF THE AMERICAS

NEW YORK NY 10020

20. Name: C/O CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, United States, 12207 – 2543

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