Business Context and Reporting Period
Company: James Hardie Industries N.V. (James Hardie Industries Plc)
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Date: April 23, 2009
Context: This filing serves primarily to incorporate by reference an exhibit regarding the Asbestos Injuries Compensation Fund (AICF). The registrant is a foreign private issuer filing under Rule 13a-16 or 15d-16 of the Securities Exchange Act of 1934.
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 disclose a specific notice rather than a financial results report.
Material Changes
No material changes to financial performance or operations are detailed in this specific filing text. The document focuses on the disclosure of a notice related to the Asbestos Injuries Compensation Fund.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement identifying various forward-looking statements subject to risks and uncertainties. Key areas of uncertainty include:
- Future performance and projections of results of operations.
- Costs associated with the suspension or closure of operations.
- Expectations regarding credit facility extensions and dividend payments.
- Tax liabilities, audits, and corporate domicile changes.
- Proceedings brought by the Australian Securities & Investments Commission.
- Timing and amount of contributions to the Asbestos Injuries Compensation Fund.
- Indemnification obligations and product or environmental liabilities.
Key Risk Factors: The filing references risks detailed in the Annual Report on Form 20-F (filed July 8, 2008), including:
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Currency exchange rate movements affecting asbestos liability recordings.
- Competition, product pricing, and raw material costs.
- Exposure to legal proceedings (environmental, asbestos, product defects).
- General economic conditions and reliance on a small number of customers.
Investor Verification Checklist
- Verify the specific details of the "AICF notice" contained in Exhibit 99.1, which is incorporated by reference but not fully detailed in the text provided.
- Review the Annual Report on Form 20-F (filed July 8, 2008) for the full list of risk factors and historical financial data.
- Monitor updates regarding contributions to the Asbestos Injuries Compensation Fund and related legal proceedings.
- Check for subsequent filings regarding the status of credit facilities and dividend expectations mentioned in the forward-looking statements.