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 August 2009
Date Filed: August 28, 2009
Principal Executive Offices: Amsterdam, The Netherlands
This filing serves as a cover document incorporating by reference a series of regulatory announcements (Appendices 3B and 3Y) issued between August 20 and August 27, 2009. The registrant files annual reports on Form 40-F.
Key Financial Metrics
The filing text provided does not contain specific financial data tables or narrative disclosures regarding revenue, profit, cash flow, margins, debt, or liquidity for the period. The document functions primarily as a mechanism to incorporate external exhibits by reference.
Material Changes
No specific material changes to financial condition or operations are detailed within the text of this Form 6-K. The filing references the incorporation of five exhibits (99.1 through 99.5) containing Appendices 3B and 3Y, which typically relate to regulatory announcements, but the content of these announcements is not included in the provided text.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement identifying various forward-looking statements regarding future performance, strategies, and financial projections. These are qualified by inherent risks and uncertainties.
Key Risk Factors Identified:
- Asbestos Liabilities: Risks arising from prior manufacture of asbestos-containing products, including required contributions to the Australian Asbestos Compensation Fund (AICF) and the impact of currency exchange rates on recorded liabilities.
- Legal Proceedings: Potential consequences of proceedings brought by the Australian Securities and Investments Commission (ASIC) against the company and former directors/officers.
- Corporate Restructuring: Risks associated with the proposal to transform into a Dutch "SE" company and transfer the corporate domicile from The Netherlands to Ireland.
- Operational and Market Risks: Competition, product pricing, raw material costs, environmental liabilities, and general economic conditions.
Investor Verification Checklist
- Verify the specific content of Exhibits 99.1 through 99.5 (Appendices 3B and 3Y) to understand the regulatory announcements made between August 20 and August 27, 2009.
- Review the Form 20-F filed on June 25, 2009, for detailed risk factors and financial data referenced in the Safe Harbor Statement.
- Monitor updates regarding the proposed transfer of corporate domicile to Ireland and the status of ASIC proceedings.
- Assess the impact of currency exchange rate fluctuations on the company's asbestos liability provisions.