UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer Pursuant to Rule 13a-16 or 15d-16
under the Securities Exchange Act of 1934
For the Month of August, 2011
1-15240
(Commission File Number)
JAMES HARDIE INDUSTRIES SE
(Translation of registrant’s name into English)
Europa House, Second Floor
Harcourt Centre
Harcourt Street, Dublin 2, Ireland
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover
Form 20-F or Form 40-F.
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(1): Not Applicable
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(7): Not Applicable
Safe Harbor Statements
This Form 6-K contains forward-looking statements. James Hardie may from time to time make
forward-looking statements in its periodic reports filed with or furnished to the SEC, on Forms
20-F and 6-K, in its annual reports to shareholders, in offering circulars, invitation memoranda
and prospectuses, in media releases and other written materials and in oral statements made by the
company’s officers, directors or employees to analysts, institutional investors, existing and
potential lenders, representatives of the media and others. Statements that are not historical
facts are forward-looking statements and such forward-looking statements are statements made
pursuant to the Safe Harbor Provisions of the Private Securities Litigation Reform Act of 1995.
Examples of forward-looking statements include:
| • |
|
statements about the company’s future performance; |
| |
| • |
|
projections of the company’s results of operations or financial condition; |
| |
| • |
|
statements regarding the company’s plans, objectives or goals, including those relating to
strategies, initiatives, competition, acquisitions, dispositions and/or our products; |
| |
| • |
|
expectations concerning the costs associated with the suspension or closure of operations
at any of the company’s plants and future plans with respect to any such plants; |
| |
| • |
|
expectations that the company’s credit facilities will be extended or renewed; |
| |
| • |
|
expectations concerning dividend payments and share buy-back; |
| |
| • |
|
statements concerning the company’s corporate and tax domiciles and potential changes to
them, including potential tax charges; |
| |
| • |
|
statements regarding tax liabilities and related audits, reviews and proceedings; |
| |
| • |
|
statements as to the possible consequences of proceedings brought against the company and
certain of its former directors and officers by the Australian Securities and Investments
Commission (ASIC); |
| |
| • |
|
expectations about the timing and amount of contributions to the Asbestos Injuries
Compensation Fund (AICF), a special purpose fund for the compensation of proven Australian
asbestos-related personal injury and death claims; |
| |
| • |
|
expectations concerning indemnification obligations; |
| |
| • |
|
statements about product or environmental liabilities; and |
| |
| • |
|
statements about economic conditions, such as economic or housing recovery, the levels of
new home construction, unemployment levels, changes or stability in housing values, the
availability of mortgages and other financing, mortgage and other interest rates, housing
affordability and supply, the levels of foreclosures and home resales, currency exchange rates
and consumer confidence. |
Words such as “believe,” “anticipate,” “plan,” “expect,” “intend,” “target,” “estimate,” “project,”
“predict,” “forecast,” “guideline,” “aim,” “will,” “should,” “likely,” “continue” and similar
expressions are intended to identify forward-looking statements but are not the exclusive means of
identifying such statements. Readers are cautioned not to place undue reliance on these
forward-looking statements and all such forward-looking statements are qualified in their entirety
by reference to the following cautionary statements.
Forward-looking statements are based on the company’s current expectations, estimates and
assumptions and because forward-looking statements address future results, events and conditions,
they, by their very nature, involve inherent risks and uncertainties, many of which are
unforeseeable and beyond the company’s control. Such known and unknown risks, uncertainties and
other factors may cause actual results, performance or other achievements to differ materially from
the anticipated results, performance or achievements expressed, projected or implied by these
forward-looking statements. These factors, some of which are discussed under “Risk Factors” in
Section 3 of the Form 20-F filed with the US Securities and Exchange Commission on 29 June 2011
include, but are not limited to: all matters relating to or arising out of the prior manufacture of
products that contained asbestos by current and former James Hardie subsidiaries; required
contributions to the AICF, any shortfall in the AICF and the effect of currency exchange rate
movements on the amount recorded in the company’s financial statements as an asbestos liability;
governmental loan facility to the AICF; compliance with and changes in tax laws and treatments;
competition and product pricing in the markets in which the company operates; the consequences of
product failures or defects; exposure to environmental, asbestos or other legal proceedings;
general economic and market conditions; the supply and cost of raw materials; possible increases in
competition and the potential that competitors could copy the company’s products; reliance on a
small number of customers; a customer’s inability to pay; compliance with and changes in
environmental and health and safety laws; risks of conducting business internationally; compliance
with and changes in laws and regulations; the effect of the transfer of the company’s corporate
domicile from The Netherlands to Ireland to become an Irish SE including employee relations,
changes in corporate governance and potential tax benefits; currency exchange risks; dependence on
customer preference and the concentration of the company’s customer base on large format retail
customers, distributors and dealers; dependence on residential and commercial construction markets;
the effect of adverse changes in climate or weather patterns; possible inability to renew credit
facilities on terms favorable to the company, or at all; acquisition or sale of businesses and
business segments; changes in the company’s key management personnel; inherent limitations on
internal controls; use of accounting estimates; and all other risks identified in the company’s
reports filed with Australian, Irish and US securities agencies and exchanges (as appropriate). The
company cautions you that the foregoing list of factors is not exhaustive and that other risks and
uncertainties may cause actual results to differ materially from those in forward-looking
statements. Forward-looking statements speak only as of the date they are made and are statements
of the company’s current expectations concerning future results, events and conditions.
3