Business Context and Reporting Period
Company: James Hardie Industries N.V.
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Reporting Period: Month of October 2009 (Filed October 1, 2009)
Principal Executive Offices: Amsterdam, The Netherlands
This filing serves primarily as a vehicle to furnish exhibits to the SEC. The core content consists of a Safe Harbor Statement regarding forward-looking statements and an Exhibit Index containing marketing and operational materials (e.g., Manufacturing, Market Tour, HardieZone, Trim, Repair and Remodel, ColorPlus, Interiors, R&D, USA Business). The filing does not contain a financial results press release or detailed operational metrics for the period.
Key Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. This document is a procedural filing to attach exhibits and does not include a financial summary or income statement data.
Material Changes
No material changes to financial performance or operations are reported in this specific filing text. The document references the company's proposal to transform into a Dutch "SE" company and transfer its corporate domicile to Ireland, but does not provide status updates on this transition within the text of this 6-K.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement cautioning investors against undue reliance on projections regarding future performance, plant closures, credit facilities, dividends, and tax liabilities.
Key Risks Identified:
- Asbestos Liabilities: Risks arising from prior manufacture of asbestos-containing products, including required contributions to the Australian Insurance Company Fund (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 Domicile: Risks associated with the proposed transfer of corporate domicile from The Netherlands to Ireland.
- Market and Operational Risks: Competition, product pricing, raw material costs, environmental laws, and concentration of customers among large retail formats.
Investor Verification Checklist
- Verify the current status of the proposed corporate domicile transfer to Ireland.
- Review the most recent Form 20-F (filed June 25, 2009) for detailed financial statements and risk factors referenced in this filing.
- Monitor updates regarding ASIC proceedings and asbestos-related litigation outcomes.
- Check subsequent filings for specific financial results for the quarter or year ending in 2009, as this 6-K does not contain them.