Business Context and Reporting Period
This Form 6-K filing is submitted by James Hardie Industries N.V. (James Hardie) for the month of December 2009, dated December 15, 2009. The registrant is a foreign private issuer with principal executive offices in Amsterdam, The Netherlands. The filing serves to furnish information to the U.S. Securities and Exchange Commission pursuant to Rule 12g3-2(b) and includes a Safe Harbor Statement regarding forward-looking statements.
Key Financial Metrics
The provided filing text does not contain specific financial data. There are no reported values for revenue, profit, cash flow, margins, debt, or liquidity in this document. The filing consists primarily of administrative cover pages, a Safe Harbor Statement, an Exhibit Index, and signatures.
Material Changes
The filing text does not provide information regarding material changes in financial performance or operations compared to prior periods. The document references the company's pending transformation to a Dutch "SE" company and a proposal to transfer its corporate domicile from The Netherlands to Ireland to become an Irish "SE" company, but does not detail the status or financial impact of these changes within this specific text.
Guidance, Outlook, and Risks
The filing includes a comprehensive Safe Harbor Statement identifying numerous risks and uncertainties that could cause actual results to differ from forward-looking statements. Key risks identified include:
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Required contributions to the Asbestos Injury Compensation Fund (AICF) and potential shortfalls.
- Currency exchange rate movements affecting asbestos liabilities.
- Compliance with tax laws and environmental regulations.
- Competition, product pricing, and raw material costs.
- Legal proceedings, including those brought by the Australian Securities and Investments Commission (ASIC).
- Concentration of the customer base on large format retail customers.
Forward-looking statements in the filing cover future performance, plant operations, credit facilities, dividend payments, and tax domiciles.
Investor Verification Checklist
- Verify the specific content of Exhibits 99.1 through 99.5 (Appendix 3B for December 7–11), as the financial details are likely contained within these attachments rather than the cover text.
- Confirm the current status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Review the latest Form 20-F (filed June 25, 2009) for detailed risk factors and historical financial data referenced in this filing.
- Monitor updates regarding the AICF funding status and any new asbestos-related legal proceedings.