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 December 2008 (Filed December 22, 2008)
Principal Executive Offices: Amsterdam, The Netherlands
This filing serves primarily as a vehicle to incorporate by reference Exhibit 99.1 (Appendix 3Y) into the registrant's Registration Statements on Forms S-8. The document does not contain a standalone financial report or operational update for the period.
Key Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. No financial tables or numerical data are included in the provided content.
Material Changes
The filing text does not disclose material changes versus prior periods. The document focuses on regulatory compliance regarding the incorporation of external exhibits rather than reporting operational or financial variances.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement identifying that exhibits contain forward-looking statements. These statements cover expectations regarding:
- Payments to the Asbestos Injuries Compensation Fund (AICF).
- Tax liabilities and related audits.
- Proceedings by the Australian Securities and Investments Commission.
- Indemnification obligations and costs associated with plant suspensions or closures.
- Credit facility extensions, dividend payments, and future performance projections.
- Product and environmental liabilities.
Key Risk Factors: The document highlights significant risks that could cause actual results to differ from expectations, including:
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Required contributions to the AICF and foreign exchange rate impacts on asbestos liabilities.
- Compliance with tax, environmental, and health and safety laws.
- Competition, product pricing, and raw material costs.
- Concentration of the customer base on large format retail customers and distributors.
- International business risks and natural disasters.
Investor Verification Checklist
- Verify the contents of Exhibit 99.1 (Appendix 3Y), as this filing incorporates it by reference into Forms S-8 (Registration Nos. 333-14036 and 333-153446).
- Review the Form 20-F filed on July 8, 2008 for detailed "Key Information - Risk Factors" referenced in the Safe Harbor Statement.
- Monitor updates regarding the Asbestos Injuries Compensation Fund (AICF) payment expectations and liability assessments.
- Check for any ongoing proceedings involving the Australian Securities and Investments Commission.
- Assess the impact of foreign exchange rates on the company's recorded asbestos liabilities.