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 September 2009. The registrant is a foreign private issuer headquartered in Amsterdam, The Netherlands, with operations primarily in building materials. The filing serves to furnish information to the U.S. Securities and Exchange Commission pursuant to Rule 12g3-2(b).
Key Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. This document is a cover sheet and safe harbor statement referencing an exhibit (Appendix 3B) rather than a financial results report containing numerical data.
Material Changes
No material changes in financial performance or operations are detailed in this specific text. The document references a proposal to transform the company into a Dutch "SE" entity and transfer its corporate domicile from The Netherlands to Ireland to become an Irish "SE" company, which represents a significant structural change.
Guidance, Outlook, and Risks
The filing contains a comprehensive Safe Harbor Statement regarding forward-looking statements. Management cautions that actual results may differ materially from projections due to various risks, including:
- 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 recordings.
- Compliance with tax laws and potential changes in tax treatments.
- Market competition, product pricing, and raw material costs.
- Legal proceedings, including those brought by the Australian Securities and Investments Commission (ASIC).
- General economic conditions and the concentration of the customer base.
Investor Verification Checklist
- Verify the contents of Exhibit 99.1 (Appendix 3B) for specific financial data not included in this cover sheet.
- Review the status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Assess the current level of contributions required for the AICF and the impact of currency fluctuations on asbestos liabilities.
- Monitor ongoing legal proceedings related to asbestos claims and ASIC investigations.