Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) covers the month of October 2006, with the report signed on October 11, 2006. The registrant is a foreign private issuer headquartered in Amsterdam, The Netherlands, and files annual reports on Form 20-F. The filing primarily serves to transmit an Annual Renewal Form A regarding Dutch Withholding Tax, which was previously filed with the Australian Stock Exchange on October 5, 2006.
Key Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. This document is a procedural filing containing a tax declaration and a safe harbor statement rather than a financial results report.
Material Changes
No material changes to financial performance or operations are reported in this filing. The document does not contain comparative financial data or updates on operational metrics versus prior periods.
Guidance, Outlook, and Risks
The filing includes a comprehensive Safe Harbor Statement identifying forward-looking statements and associated risks. Key areas of uncertainty and risk highlighted include:
- Conditions precedent to the Final Funding Agreement and payments to a special purpose fund for asbestos-related claims.
- Expectations concerning an amended assessment by the Australian Tax Office.
- Renewal or extension of credit facilities.
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Compliance with tax laws, environmental regulations, and health and safety laws.
- Foreign exchange risks and general economic conditions.
- Implementation of internal controls under Section 404 of the Sarbanes-Oxley Act.
Investor Verification Checklist
- Verify the status of the Final Funding Agreement and the special purpose fund for asbestos claims.
- Confirm the outcome of the Australian Tax Office amended assessment.
- Review the most recent Form 20-F (filed September 29, 2006) for detailed financial results and risk factors referenced in this filing.
- Monitor the renewal status of the company's credit facilities.