Business Context and Reporting Period
This Form 6-K filing is submitted by James Hardie Industries N.V. (James Hardie) for the month of December 2009, dated December 8, 2009. The registrant is a foreign private issuer with principal executive offices in Amsterdam, The Netherlands, and files annual reports on Form 20-F. The filing primarily serves to distribute a series of Appendix 3B and 3Y reports to the Australian Securities Exchange (ASX) regarding ongoing corporate matters.
Financial Metrics
The provided filing text does not contain specific financial data. There are no reported values for revenue, profit, cash flow, margins, debt, or liquidity within this document. The filing consists of a cover page, a safe harbor statement, an exhibit index, and signatures.
Material Changes
No material changes to financial performance or operational results are detailed in this specific filing. The document lists multiple exhibits (99.1 through 99.8) corresponding to Appendix 3B and 3Y reports dated between November 30 and December 4, 2009, but the content of these appendices is not included in the text provided.
Guidance, Outlook, and Risks
The filing includes a comprehensive Safe Harbor Statement identifying forward-looking statements and associated risks. Key risk factors highlighted include:
- Asbestos Liabilities: Risks related to prior asbestos product manufacture, contributions to the Australian Asbestos Compensation Fund (AICF), potential shortfalls in the AICF, and currency exchange impacts on recorded liabilities.
- Legal Proceedings: Potential consequences of proceedings brought by the Australian Securities and Investments Commission (ASIC) against the company and former directors.
- Corporate Restructuring: Risks associated with the pending transformation to a Dutch "SE" company and the proposal to transfer the corporate domicile from The Netherlands to Ireland.
- Operational and Market Risks: Competition, product pricing, raw material costs, environmental liabilities, and general economic conditions.
Key Facts for Investor Verification
- Verify the specific content of the attached Appendix 3B and 3Y reports (Exhibits 99.1–99.8) to understand the nature of the disclosures made to the ASX between November 30 and December 4, 2009.
- Monitor the status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Review updates regarding the Australian Asbestos Compensation Fund (AICF) contribution requirements and any related legal proceedings by the ASIC.
- Note that this filing does not provide standalone financial results; refer to the most recent Form 20-F or quarterly reports for financial metrics.