Business Context and Reporting Period
Company: James Hardie Industries N.V.
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Date: August 21, 2009
Reporting Period: Month of August 2009
This filing serves primarily as a vehicle to incorporate "Appendix 3Y" by reference into the registrant's Registration Statements on Forms S-8 (Nos. 333-14036 and 333-153446). The document does not contain a standalone financial report for the period.
Key Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. The document is a procedural filing referencing an exhibit rather than a financial results announcement.
Material Changes
No material changes to financial performance or operations are detailed in this specific text. The filing focuses on regulatory compliance regarding registration statements and the inclusion of forward-looking statement disclaimers.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement identifying various forward-looking statements made by the company. These include projections regarding:
- Future performance and results of operations.
- Plans for plant closures or suspensions.
- Credit facility renewals and dividend payments.
- Corporate domicile transformation (proposal to transfer from The Netherlands to Ireland).
- Contributions to the Australian Asbestos Compensation Fund (AICF).
Key Risks Identified:
- Asbestos Liabilities: Risks arising from prior manufacture of asbestos-containing products and required AICF contributions.
- Currency Fluctuations: Impact of exchange rate movements on asbestos liabilities.
- Legal and Regulatory: Proceedings by the Australian Securities and Investments Commission (ASIC), tax law changes, and environmental liabilities.
- Market Conditions: Competition, raw material costs, and reliance on a concentrated customer base.
- Operational Risks: Natural disasters, product failures, and key management personnel changes.
Investor Verification Checklist
- Verify the contents of Appendix 3Y (Exhibit 99.1), as the financial details are incorporated by reference rather than listed in this text.
- Review the Form 20-F filed on June 25, 2009, for detailed risk factors and financial data referenced in the Safe Harbor Statement.
- Monitor the status of the proposed corporate domicile transfer from The Netherlands to Ireland.
- Assess the current status of ASIC proceedings against former directors and officers.
- Check for updates on AICF contribution requirements and asbestos liability estimates.