Companies Act 2014 section 489

Chapters 1 and 4: mutually exclusive modes of proceeding to achieve division

Section 489 establishes that the two available procedures for carrying out a company division (Chapter 1 and Chapter 4 of Part 9) are mutually exclusive and cannot be combined.

• A company division may be carried out under either Chapter 1 or Chapter 4 of Part 9, but not both
• The two chapters represent entirely separate procedural routes that cannot be mixed
• Every element of the division must be completed under whichever single chapter is chosen
• It is not permissible to apply some steps under one chapter and other steps under the other chapter