Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (now James Hardie Industries Plc) covers the month of October 2009, with the report dated October 28, 2009. The registrant is a foreign private issuer headquartered in Amsterdam, The Netherlands, and files annual reports on Form 20-F.
Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. This document serves as a cover sheet and safe harbor statement rather than a financial results report.
Material Changes
No material financial changes or operational updates are detailed in the provided text. The document focuses on legal disclosures regarding forward-looking statements.
Guidance, Outlook, and Risks
The filing contains a comprehensive Safe Harbor Statement identifying numerous risks and uncertainties that could cause actual results to differ from forward-looking statements. Key risk factors include:
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Required contributions to the Australian Asbestos Compensation Fund (AICF).
- Currency exchange rate fluctuations affecting asbestos liability valuations.
- Changes in tax laws and treatments.
- Competition, product pricing, and raw material costs.
- Legal proceedings, including those by the Australian Securities and Investments Commission (ASIC).
- Corporate restructuring plans to transform into a Dutch "SE" company and transfer domicile to Ireland.
- Concentration of the customer base among large retail customers and distributors.
Key Facts for Investor Verification
- Verify the specific financial results for the period, as they are not included in this 6-K filing.
- Review the Form 20-F filed on June 25, 2009, for detailed risk factors and financial data.
- Monitor the status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Track developments regarding asbestos-related litigation and AICF contribution requirements.
- Check the attached Exhibit 99.1 for the company's response to media comments, which is referenced but not detailed in the text.