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 May, 2010
1-15240
(Commission File Number)
JAMES HARDIE INDUSTRIES SE
(Translation of registrant’s name into English)
Atrium, 8th floor
Strawinskylaan 3077
1077 ZX Amsterdam, The Netherlands
(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.
Form 20-F þ Form 40-F o
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
Indicate by check mark whether the registrant by furnishing the information contained in this Form
is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the
Securities Exchange Act of 1934.
Yes o No þ
If “Yes” is marked, indicate below the file number assigned to the registrant in connection with
Rule 12g3-2(b): Not Applicable
Safe Harbor Statement
This 6K and exhibits contain forward-looking statements. James Hardie may from time to time
make forward-looking statements in its periodic reports filed with or furnished to the United
States Securities and Exchange Commission on Forms 20-F and 6-K, in the 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 Harbour 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 its strategies, initiatives, competition, acquisitions, dispositions and/or
its 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; |
| • |
|
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 ASIC; |
| • |
|
expectations about the timing and amount of contributions to the AICF, a
special purpose fund for the compensation of proven Australian asbestos-related
personal injury and death claims; |
| • |
|
expectations concerning indemnification obligations; and |
| • |
|
statements about product or environmental liabilities. |
Words such as “believe,” “anticipate,” “plan,” “expect,” “intend,” “target,” “estimate,”
“project,” “predict,” “forecast,” “guideline,” “aim,” “will,” “should,” “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 estimates and assumptions and because
forward-looking statements address future results, events and conditions, they, by their very
nature, involve inherent risks and uncertainties. Such known and unknown risks, uncertainties
and other factors may cause the company’s 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 “Key Information — Risk Factors” beginning on page 6 of the Form 20-F filed
with the US Securities and Exchange Commission on 25 June 2009, 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; 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; the success of research and development efforts;
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; the company’s proposal to transfer its corporate domicile from The
Netherlands to Ireland to become an Irish “SE” company; compliance with and changes in laws
and regulations; currency exchange risks; the concentration of the company’s customer base on
large format retail customers, distributors and dealers; the effect of natural disasters;
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, Dutch and US securities agencies and exchanges (as appropriate). The company
cautions 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