Part 2 s 85 Crown Entities Act 2004 Version as at 1 July 2024 85 Interface with Companies Act 1993 and other Acts (1) Section 178 of the Companies Act 1993 (which relates to information for shareholders and, among other things, sets out some reasons for which a company can refuse to provide information) does not entitle a Crown entity company to refuse to provide information that must be provided under this Act or otherwise made available to any person under the Official Information Act 1982. (2) Section 161(1)(b) of the Companies Act 1993 (which relates to payment to a director or former director of compensation for loss of office) does not apply to a Crown entity company. (3) In all other respects, both the Companies Act 1993 and this Act apply to a Crown entity company in respect of a matter, but anything done under one Act counts towards compliance with the other Act. Role and accountability of members 86 Board’s role (1) In accordance with section 128(1) of the Companies Act 1993, the business and affairs of a Crown entity company must be managed by, or under the direction or supervision of, the board of the company. (2) The board of a Crown entity company must exercise its duties under section 128(1) of that Act in accordance with this Act and the entity’s Act (if any). (3) Subsection (2) does not limit section 128(3) of the Companies Act 1993 (which relates to modifications, exceptions, or limitations contained in that Act or in the company’s constitution). 87 Accountability of members to shareholding Ministers (1) Members of a Crown entity company must comply with— (a) the board’s collective duties (in sections 92 and 93); and (b) the individual duty (in section 95); and (c) any directions applicable to the company under subpart 1 of Part 3. (2) Members are accountable to the shareholding Ministers for performing their duties as members under this Act. (3) This section does not affect individual directors’ duties that are owed to the company under Part 8 of the Companies Act 1993. Shareholding Ministers’ role 88 Shareholding Ministers’ role (1) The role of the shareholding Ministers is to oversee and manage the Crown’s interests in, and relationship with, a Crown entity company and to exercise 44