Business Context and Reporting Period
This Form 6-K is a report of a foreign private issuer filed by James Hardie Industries N.V. (James Hardie) for the month of December 2008, dated December 9, 2008. The registrant is headquartered in Amsterdam, The Netherlands, and files annual reports on Form 20-F. The filing primarily serves to incorporate by reference correspondence regarding a price query with the Australian Securities Exchange (ASX).
Key Financial Metrics
The filing text does not provide clear values for revenue, profit, cash flow, margins, debt, or liquidity. This document is a procedural filing containing a Safe Harbor Statement and an Exhibit Index 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 Form 20-F filed on July 8, 2008, for historical context regarding risk factors but does not present comparative financial data for the current period.
Guidance, Outlook, and Risks
The filing includes a comprehensive Safe Harbor Statement identifying forward-looking statements and associated risks. Key areas of uncertainty and risk highlighted include:
- Asbestos Liabilities: Expectations regarding payments to the Asbestos Injuries Compensation Fund (AICF) and the impact of foreign exchange rates on recorded asbestos liabilities.
- Legal Proceedings: Potential consequences of proceedings by the Australian Securities and Investments Commission against the company and former directors/officers.
- Operational Risks: Costs associated with plant suspensions or closures, product failures, and environmental liabilities.
- Financial Risks: Credit facility renewals, dividend payments, tax liabilities, and foreign exchange risks.
- Market Conditions: Competition, product pricing, raw material costs, and general economic conditions.
The filing incorporates two exhibits: a letter to the ASX regarding a price query (Exhibit 99.1) and a response letter from the ASX (Exhibit 99.2).
Investor Verification Checklist
- Verify the content of the ASX price query correspondence (Exhibits 99.1 and 99.2) to understand the specific market inquiry addressed.
- Review the Form 20-F filed on July 8, 2008 for detailed risk factors and the most recent audited financial statements, as this 6-K does not contain them.
- Monitor updates regarding the Asbestos Injuries Compensation Fund (AICF) contribution levels and legal proceedings mentioned in the Safe Harbor Statement.
- Confirm the status of credit facilities and dividend policies, as these are listed as forward-looking expectations subject to change.