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)
Reporting Period: Month of December 2009
Date Filed: December 22, 2009
Principal Executive Offices: Amsterdam, The Netherlands
This filing serves as a cover document for a series of exhibits (Appendices 3B and 3Y) dated December 14 through December 18, 2009. The registrant files annual reports on Form 20-F.
Key Financial Metrics
The provided filing text does not contain specific financial data. It is a procedural filing referencing exhibits that are not included in the input text. Consequently, the following metrics are not available in this document:
- Revenue
- Profit and Margins
- Cash Flow
- Debt and Liquidity
Material Changes
The filing text does not provide specific operational or financial comparisons to prior periods. It references the existence of forward-looking statements regarding future performance and plant operations but does not detail specific material changes within the text provided.
Guidance, Outlook, Risks, and Contingencies
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement identifying various forward-looking statements made by the company. These include projections on:
- Future performance and results of operations.
- Plans regarding plant suspensions, closures, and future operations.
- Credit facility extensions and dividend payments.
- Corporate domicile changes (transformation to a Dutch "SE" company and potential transfer to Ireland).
- Contributions to the Asbestos Injury Compensation Fund (AICF).
Key Risks and Contingencies: The document explicitly lists significant risks that could cause actual results to differ from projections:
- Asbestos Liabilities: Matters arising from prior manufacture of asbestos-containing products, including required AICF contributions, potential shortfalls, and currency exchange impacts on recorded liabilities.
- Legal Proceedings: Exposure to environmental, asbestos, or other legal proceedings, including actions by the Australian Securities and Investments Commission (ASIC) against the company and former directors.
- Operational Risks: Product failures, raw material costs, reliance on a small number of customers, and natural disasters.
- Regulatory and Tax: Changes in tax laws, environmental regulations, and health and safety laws.
Investor Verification Checklist
- Verify the content of the referenced exhibits (Appendices 3B and 3Y) which are not included in this text but contain the specific operational updates.
- Review the status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Monitor updates regarding the Asbestos Injury Compensation Fund (AICF) contribution levels and any potential shortfalls.
- Check for developments in legal proceedings involving the ASIC and former directors/officers.
- Assess the impact of currency exchange rate movements on the company's asbestos liability recording.