Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) was submitted to the U.S. Securities and Exchange Commission on August 14, 2009. The registrant is a foreign private issuer headquartered in Amsterdam, The Netherlands, and files annual reports on Form 20-F. The filing primarily serves to incorporate by reference a "Notice of Meetings" (Exhibit 99.1) into the company's Registration Statements on Forms S-8.
Financial Metrics
The filing text does not provide specific financial data, including revenue, profit, cash flow, margins, debt, or liquidity metrics. This document is a procedural filing regarding corporate governance notices rather than a financial results report.
Material Changes
No material changes to financial performance or operations are detailed in this specific filing. 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 initiative within the text of this filing.
Guidance, Outlook, and Risks
The filing contains a comprehensive Safe Harbor Statement regarding forward-looking statements. Key risks and uncertainties identified include:
- Asbestos Liabilities: Matters arising from prior manufacture of asbestos-containing products, including contributions to the Asbestos Injuries Compensation Fund and related legal proceedings.
- Corporate Restructuring: Risks associated with the proposed transfer of corporate domicile from The Netherlands to Ireland.
- Market and Operational Risks: Currency exchange rate movements, competition, product pricing, raw material costs, and environmental liabilities.
- Legal and Regulatory: Compliance with tax laws, environmental regulations, and potential consequences of proceedings by the Australian Securities & Investments Commission.
Management cautions that actual results may differ materially from anticipated results due to these factors.
Key Facts for Investor Verification
- Verify the details of the "Notice of Meetings" contained in Exhibit 99.1, as this is the primary substantive content of the filing.
- Review the company's most recent Form 20-F (filed June 25, 2009) for actual financial performance data and detailed risk factors.
- Monitor the status of the proposed corporate domicile transfer to Ireland and its impact on tax liabilities.
- Track updates regarding the Asbestos Injuries Compensation Fund contributions and related litigation outcomes.