Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) covers the month of September 2009. The registrant is a foreign private issuer headquartered in Amsterdam, The Netherlands, with principal executive offices located at Atrium, 8th floor, Strawinskylaan 30, 1077 ZX Amsterdam. The filing serves to distribute specific regulatory announcements and appendices to the U.S. Securities and Exchange Commission.
Key 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 primarily of a Safe Harbor statement, an exhibit index, and signature pages.
Material Changes
The filing does not disclose material changes in financial performance or operational results compared to prior periods. The document references a proposal to transform the company into a Dutch "SE" entity and transfer its corporate domicile from The Netherlands to Ireland to become an Irish "SE" company, which is listed as a risk factor rather than a completed transaction in this text.
Guidance, Outlook, and Risks
The filing includes a comprehensive Safe Harbor statement regarding forward-looking statements. Management cautions that actual results may differ materially from projections due to various risks, including:
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Required contributions to the Asbestos Injuries Compensation Fund (AICF) and currency exchange impacts on asbestos liabilities.
- Legal proceedings involving the company and former directors/officers by the Australian Securities and Investments Commission (ASIC).
- General economic conditions, raw material costs, and competition.
- The proposed corporate domicile transfer to Ireland.
Specific guidance or numerical outlooks are not provided in this text.
Investor Verification Checklist
- Verify the content of the attached exhibits (Appendix 3B dated 02.09.09 and 03.09.09, Director appointment announcement, and Appendix 3X - Dilger) as the financial details are likely contained therein rather than in the cover letter.
- Review the Form 20-F filed on June 25, 2009, for detailed risk factors and historical financial data referenced in the Safe Harbor statement.
- Monitor the status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Assess the current status of legal proceedings with the ASIC and the funding requirements for the AICF.