Part 2 s 99
99
Crown Entities Act 2004
Version as at
1 July 2024
Application to multi-parent subsidiaries
If there is any doubt as to how section 97, section 98, or sections 161 to
164 apply to a multi-parent subsidiary, the responsible Ministers of the 2 or
more parents of a multi-parent subsidiary must agree on the restrictions and
obligations that the sections require.
100
Acquisition of shares or interests in companies, trusts, and partnerships,
etc
(1)
A Crown entity must ensure that the entity does not—
(a)
acquire shares in a company that gives the entity substantial influence in
or over that company; or
(b)
acquire an interest in any partnership, joint venture, or other association
of persons, or an interest in a company other than in its shares; or
(c)
settle, or be or appoint a trustee of, a trust,—
other than—
(d)
after written notice to its parent Crown entity (in the case of a Crown
entity subsidiary) or to the responsible Ministers (in the case of any other
Crown entity); and
(e)
in accordance with the procedures and conditions contained in its state‐
ment of intent or specified by the responsible Ministers; and
(f)
for the purpose of the Crown entity carrying out any of its functions, and
acting consistently with its objectives, under any Act and its constitution
(if any).
(2)
Substantial influence, in relation to a company, means the capacity to affect
substantially either the financial or operating policies, or both, of the company.
(3)
This section does not apply if the entity acquires a Crown entity subsidiary (in
which case section 96 applies).
101
Corporation sole may not acquire interests in bodies corporate
(1)
A corporation sole must not acquire or form a Crown entity subsidiary.
(2)
A corporation sole must not, without the prior written approval of its respon‐
sible Minister, otherwise—
(a)
form or hold any shares or interests in any body corporate or in a
partnership, joint venture, or other association of persons; or
(b)
settle, or be or appoint a trustee of, a trust.
102
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
subsidiary to refuse to provide information that must be provided under this
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