Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) covers the month of December 2006, with the report signed on December 19, 2006. The registrant is a foreign private issuer headquartered in Amsterdam, The Netherlands. The filing primarily serves to lodge an Explanatory Memorandum previously filed with the Australian Stock Exchange on December 12, 2006.
Key Financial Metrics
The provided filing text does not contain specific financial data. There are no reported figures for revenue, profit, cash flow, margins, debt, or liquidity within this document. The filing is procedural in nature, focusing on the disclosure of an external memorandum rather than the presentation of financial statements.
Material Changes
The filing does not disclose material changes to financial performance or operations compared to prior periods. The primary activity noted is the submission of the Explanatory Memorandum to the SEC.
Guidance, Outlook, and Risks
The document includes a comprehensive Safe Harbor Statement regarding forward-looking statements. Management cautions that actual results may differ materially from expectations due to various risks, including:
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Payments to a special purpose fund for asbestos-related personal injury and death claims.
- Outcomes of an amended assessment by the Australian Tax Office.
- Renewal or extension of credit facilities.
- General economic conditions, raw material costs, and foreign exchange risks.
- Compliance with environmental laws and the Sarbanes-Oxley Act.
Specific guidance on future operating results is not provided in this text, though the existence of forward-looking statements regarding funding agreements and tax assessments is noted.
Investor Verification Checklist
- Verify the contents of the Explanatory Memorandum filed with the Australian Stock Exchange on December 12, 2006 (Exhibit 99.1), as this is the substantive document referenced.
- Review the company's Form 20-F filed on September 29, 2006, for detailed risk factors and financial history.
- Monitor developments regarding the Final Funding Agreement and the Australian Tax Office assessment mentioned in the Safe Harbor Statement.
- Check for subsequent filings containing actual financial results for the period, as this Form 6-K does not include them.