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 2009 (Filed December 1, 2009)
Principal Executive Offices: Amsterdam, The Netherlands
This filing serves as a cover document to furnish specific exhibits to the U.S. Securities and Exchange Commission. It does not contain a full financial report or operational update for the period.
Key Financial Metrics
The filing text does not provide a clear value for revenue, profit, cash flow, margins, debt, or liquidity. This document is a procedural filing referencing attached exhibits rather than a financial statement.
Material Changes
No material changes to financial performance or operations are detailed in this specific text. The document focuses on regulatory compliance and the inclusion of forward-looking statement disclaimers.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement regarding forward-looking information found in attached exhibits and other reports. Key areas of uncertainty include:
- Future performance projections and operational results.
- Costs associated with plant suspensions or closures.
- Credit facility renewals and dividend payment expectations.
- Corporate domicile changes (proposal to transfer from The Netherlands to Ireland).
- Tax liabilities and proceedings.
Key Risks Identified:
- Asbestos Liabilities: Risks arising from prior manufacture of asbestos-containing products, including contributions to the Australian Asbestos Compensation Fund (AICF) and potential shortfalls.
- Legal Proceedings: Consequences of proceedings brought by the Australian Securities and Investments Commission (ASIC) against the company and former directors.
- Market Conditions: Competition, product pricing, raw material costs, and general economic conditions.
- Operational Risks: Product failures, environmental liabilities, and reliance on a concentrated customer base.
Investor Verification Checklist
- Verify the content of Exhibits 99.1, 99.2, and 99.3 (Appendix 3B dated November 25, 26, and 27), as the financial data and specific operational updates are contained within these attachments rather than the cover text.
- Review the Form 20-F filed on June 25, 2009 for detailed risk factors referenced in this filing.
- Monitor the status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Assess the current funding status of the AICF and any new estimates for asbestos-related liabilities.