Part 2 s 95 Crown Entities Act 2004 Version as at 1 July 2024 Individual duty of members 95 Duty to comply with this Act and entity’s Act (1) A member of a Crown entity company must not contravene, or cause or agree to the company’s contravention of, this Act or the entity’s Act (if any). (2) This duty is owed to the responsible Minister and the Crown entity company. (3) If a member does not comply with the duty, that member may be removed from office. (4) A Crown entity company may bring action against a member for breach of the duty. (5) A member is not liable for a breach of the duty, except for being removed from office as provided for in subsection (3) or in an action brought under subsection (4). (6) Subsection (5) does not affect anything else for which the member may be liable under any other Act or rule of law arising from the act or omission that constitutes the breach. Subpart 3—Crown entity subsidiaries Formation and shareholding of Crown entity subsidiaries 96 Acquisition of subsidiaries A Crown entity must ensure that the entity acquires or forms a Crown entity subsidiary only,— 97 (a) in the case of a Crown entity that is a Crown entity subsidiary, after written notice to its parent Crown entity: (b) in the case of another Crown entity, after written notice to the respon‐ sible Ministers. Subsidiaries: rules applying to all Crown entities A Crown entity (the parent) must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries— 48 (a) does not do anything that the parent itself does not have the power to do; and (b) acts consistently with the parent’s objectives and current statement of intent (to the extent they relate to the subsidiary); and (c) exercises its powers only for the purpose of performing, or assisting the parent to perform, the parent’s functions; and (d) does not contravene this Act or the entity’s Act (if any) to the extent that it relates to a subsidiary; and