Business Context and Reporting Period
Company: James Hardie Industries N.V.
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Reporting Period: September 2009 (Filed September 24, 2009)
Principal Executive Offices: Amsterdam, The Netherlands
This filing serves primarily to disclose a specific legal development regarding proceedings by the Australian Securities and Investments Commission (ASIC) rather than to report periodic financial results.
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 disclosure of a legal event and does not contain financial statements or operational data for the period.
Material Changes
Legal Proceedings: The filing discloses the existence of proceedings brought by the Australian Securities and Investments Commission (ASIC) against the company and certain of its former directors and officers. The specific details of these proceedings are referenced in Exhibit 99.1.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement cautioning that forward-looking statements involve inherent risks. Key areas of uncertainty identified include:
- Liabilities related to the prior manufacture of asbestos-containing products.
- Required contributions to the Asbestos Injury Compensation Fund (AICF).
- Consequences of legal proceedings, including those by ASIC.
- Currency exchange rate movements affecting asbestos liabilities.
- Plans to transform into a Dutch "SE" company and transfer the corporate domicile to Ireland.
- General economic conditions and raw material costs.
Management Commentary: No specific management commentary on operational performance is provided in this text. The focus is on the legal disclosure and the associated risks.
Investor Verification Checklist
- Review Exhibit 99.1 for the full details of the ASIC proceedings mentioned in the filing.
- Verify the status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Monitor updates regarding contributions to the Asbestos Injury Compensation Fund (AICF).
- Check subsequent filings for any financial impact resulting from the disclosed legal proceedings.