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LYNCH & MAHONEY

Mongolia Laws and Commentaries


The following Mongolian laws (edited English translations) and commentaries (in English and Mongolian) can be downloaded as pdf files.

A Note Concerning Translations

Literal translations of laws are of little value. As is the case with poetry, laws are expressions of concepts - and it is concepts that must be translated - not words. In editing these translations we have picked as our target reader an English-speaking lawyer who must advise a client on legal issues in Mongolia. With this in mind we have used words and phrases that have become relatively standard in the United States to express concepts that apply to issues that are essentially of universal concern.

There are risks in taking this editorial approach. The primary risk is that in using well established phraseology we may be clarifying what is actually unclear in the Mongolian text. We have made every effort to avoid this result. There are a number of instances where the Mongolian text is not clear - and in some cases we believe erroneous (i.e. that the concept that the draftsman presumably had in mind was not correctly expressed). In some cases we have let the English text convey these anomalies without noting them. In others, we have noted the anomaly in a parenthetical comment.

We would welcome comments and suggestions concerning our editing of these laws. We know that they are not final editions. They are works in process.

MONGOLIA LAWS

Law of Mongolia on Legal Status of foreign Citizens

This Law was enacted in December 1993. It was then amended in 1997 and again in 1999. The most recent amendments were enacted on 7 December 2000 (effective as of 1 January 2001). An English translation of the Law was published by the Mongolian Council of Foreign Citizens Issues of the Ministry of Justice (MOJ) in April 2000. We have translated the 7 December amendments. These amendments and the MOJ translation of the law prior to the amendments are shown in parallel columns.
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The Company Law of Mongolia

The Company Law of Mongolia that became effective on 8 August 1999 is arguably the single most important law affecting Mongolia's transition from state socialism to a free market economy. The provisions of this law establish the framework within which both domestic and foreign companies must operate as this transition continues. With respect to foreign investment in Mongolia, the Company Law and Tax Laws are among the most critical factors that foreign companies will consider in making their investment decisions.

Perhaps the most important provision in the Company Law is the final one, Article 98.3, which provides as follows:

As of the effective date of this Law the provisions of other laws pertaining to companies shall continue to be effective to the extent that they are not inconsistent with the provisions of this Law.

The Company Law is the source of the basic concepts applicable to the establishment, management and governance of all companies in Mongolia. In this respect it has replaced and superseded the provisions of the former Partnership and Company Law that were applicable to companies. Many other Mongolian laws in effect prior to the effective date of the Company Law have provisions "pertaining to" companies based on concepts in the Partnership and Company Law and Civil Code that are inconsistent with the new Company Law concepts. Eventually these inconsistencies must be resolved.


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