On Notary

/RENEWED Edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1. Purpose of the law

1.1. The purpose of this law is to establish organizations and principles of notary operations, the legal status of notaries, and to regulate relations related to ensuring rights and legal interests of citizens and legal entities, and forming legal guarantees through notarial acts.

/This section was added and amended according to the law af of May 30, 2019./

Article 2. Legislation on notary

2.1. Legislation on notary consists of the Constitution of Mongolia, the Civil Code, this law and other legislative acts issued in accordance with these laws.

2.2. If an international treaty to which Mongolia is a party stipulates otherwise than this law, then the provisions of the international treaty shall prevail.

2.3. Relations related to notarization shall be established only by a law, and state organizations and officials can not decide documents to be notarized, except as specifically provided by a law.

/This section was repealed according to the law as of May 30, 2019./

Article 3. Principles of notary activities

/Addendum was made to this title according to the law as of May 30, 2019./

3.1. The following principles shall be followed in the activities of the notary:

/This section was amended according to the law as of May 30, 2019./

3.1.1. the rule of law;

3.1.2. impartiality and independence;

3.1.3. ensuring equality;

3.1.4. upholding justice;

3.1.5. keeping client's confidentiality;

3.1.6. strictly adhering to the code of ethics.

Article 4. Notary, its functions

/Amendment was made to this title according to the law as of May 30, 2019./

4.1. The activities of the notary shall be conducted by a notary and notarizing officers specified in sections 16.2 and 16.3 of this Law.

/This section was amended according to the law as of May 30, 2019./

4.2. A notary is a citizen who performs functions of a notary on the basis of permission and is financed by fees and income of the notary services.

/This section was amended according to the law as of May 30, 2019./

4.3. The notary acts as an external witness on behalf of the state and performs the main functions of providing legal advices to persons involved in property and its relevant non-property relations.

4.4. The notary shall carry out the following specific functions:

4.4.1. to certify actions and/or documents that become valid and indisputable by being witnessed by the notary;

4.4.2. per a client's request, to certify actions and/or documents, except those to be witnessed by the notary as stated in a law, in order to make them indisputable;

4.4.3. to certify the authenticity of signatures;

4.4.4. to certify actions and/or documents with legal content in cases stipulated in a law and/or at the request of court and other state organizations;

4.4.5. others stated in the law.

4.5. Unless otherwise stated in the law, the notary shall keep the evidence related to the verified acts and documents, and provide copies thereof to necessary persons.

/This section was revised according to the law as of May 30, 2019./

4.6. In order to protect the client's interests, the notary may cooperate with the state registration organization by concluding a contract to obtain information from the state registration electronic database of property rights.

/This section was added according to the law as of June 21, 2018./

4.7. The notary is prohibited to use the information obtained in accordance with section 4.6 of this Law to harm the rights and legal interests of the owner or other persons, or to let others use it.

/This section was added according to the law as of June 21, 2018./

Article 5. Notary's workplace

5.1. The notary shall have a place of work in the designated district, and unless otherwise provided by law, a notary shall perform notarial acts only at his/her place of work.

5.2. If a client is unable to come to the notary's workplace due to health problems or other acceptable reasons, the notary can go to the client's place at his/her request and perform notarial acts.

5.3. No more than two notaries of the same district may work together on the basis of a contract without establishing a legal entity.

/This section was added according to the law as of May 30, 2019./

Article 6. Requirements for notary

6.1. A citizen of Mongolia who meets the following requirements have the right to engage in notary activities:

6.1.1. passed the bar examination and the qualification examination stipulated in Article 14 of this Law;

6.1.2. has not been convicted of an intentional crime;

/This clause was revised according to the law as of May 30, 2019./

6.1.3. has a workplace for notarial acts.

6.2. A notary is prohibited to perform salaried jobs other than part-time lecturing, doing academic researches in the field of law, and other salaried jobs related to the functions of the professional association and its committees.

/This section was revised according to the law as of May 30, 2019./

6.3. A notary may hold an elected position in domestic or international notary organizations.

Article 7. Notarial district

7.1. The notary shall operate in the designated district and it is prohibited to change districts.

7.2. The notary district and its number of notaries shall be determined by the member of the Government in charge of legal matters, taking into account the opinion of the Chamber of Notaries of Mongolia as specified in section 8.1 of this Law.

7.3. Any transaction related to the transfer of ownership of real estate to others shall be verified only by the notary of the district where the property is located.

/This section was revised according to the law as of May 30, 2019./

7.4. If a notary changes the district, he/she shall take the qualification test again, and the notary who passes the test shall wait in line until a vacancy occurs in that district. The procedure for changing the district shall be approved by the member of the Government in charge of legal matters.

/Addendum was made to this section according to the law as of May 30, 2019./

7.5. The Chamber of Notaries of Mongolia shall make proposals for determining the notary districts and the number of notaries of each notary district considering the population of the area, social needs and requirements, notary service fees, and the possibility of revenue-based financing.

/This section was added according to the law as of May 30, 2019./

Article 8. Structure, organization, power of notarial institution

/This article was revised according to the law as of May 30, 2019./

8.1. The Mongolian Chamber of Notaries (hereinafter referred to as "Chamber") is a public legal entity that unites notaries, coordinates their professional activities in accordance with this law and its charter, and protects their legal interests.

8.2. The Chamber consists of a meeting of all members, a Board of Directors, provincial and capital city branches, and their powers are determined by the charter of the Chamber.

8.3. The president of the Chamber shall manage the daily activities of the Chamber and his term of office is 4 years. The president of the Chamber will not be re-elected, and his powers shall be determined by the charter of the Chamber.

8.4. The Chamber shall exercise the following powers:

8.4.1. monitoring the implementation of notary's code of ethics;

8.4.2. maintaining a unified registration of notaries;

8.4.3. organizing a training and a retraining for notaries;

8.4.4. conducting researches and conclusions on the activities of notaries;

8.4.5. nominating members of the Disciplinary council specified in section 8.6 of this Law and the Professional Committee specified in Article 15 of this Law;

8.4.6. others specified in the law.

8.5. There will be a Supervisory Board elected by the meeting of all members and it shall be responsible for monitoring the financial activities of the Chamber.

8.6. The Disciplinary council with the function of reviewing whether a notary has violated the law and/or the code of ethics of notaries conducts its activities at the Chamber, and its composition shall consist of seven members in total: two representatives from each state central administrative body in charge of judicial and legal matters, and three from the Chamber.

8.7. The operating rule of the Disciplinary council specified in section 8.6 of this Law shall be approved by the member of the Government in charge of legal matters.

8.8. The meeting of all the members of the Chamber shall exercise the power to elect and dismiss the President of the Chamber, the Board of Directors, and the Supervisory Board, to approve the charter of the Chamber, and amend it.

8.9. Local self-government and state administrative organizations shall provide the support and assistance to the Chamber and its branches in carrying out their activities.

8.10. In accordance with the laws of Mongolia and international treaties of Mongolia, the Chamber may cooperate with state organizations, foreign countries, international notary organizations and other specialized organizations on matters within its power.

Chapter two

LANGUAGE OF NOTARIAL ACTS, SEAL, CERTIFICATION MARK,

SERVICE FEES AND COSTS

Article 9. Language of notarial acts

9.1. The official language for performing notarial acts, documents and records of notarial acts shall be Mongolian.

9.2. Diplomatic missions of Mongolia working abroad shall perform notarial acts and documents in Mongolian, and can provide translation of relevant documents at the request of the client.

Article 10. Seal and certification mark of notary 

10.1. The notary shall use seals, certification marks, and letterheads according to the approved model.

10.2. The person performing the duties of a notary specified in sections 16.2 and 16.3 of this Law shall use a seal and a certification mark made according to the approved model with a number issued by the member of the Government in charge of legal matters.

/This section was revised according to the law as of May 30, 2019./

10.3. An authorized official of the diplomatic mission of Mongolia working abroad shall use a seal and a mark of the diplomatic mission when performing the duties of a notary.

/This section was repealed according to the law as of May 30, 2019./

Article 11. Notarial documents

11.1. Notarial documents are acts and verified documents, its copies or references executed or verified by a notary or authorized officials specified in this Law.

11.2. The notarial document issued in accordance with this Law shall be a source of evidence, and if specified in the law, the notarial document shall be considered as an enforceable document.

Article 12. Notary service fees and costs

12.1. Notary services are paid.

12.2. A notary shall charge a service fee for performing notarial acts, providing legal advices, drafting documents, and providing references about notarial acts as stated in the law. If a notary provides notarial services at a client's place per his/her request, the service fee and transportation expenses will be charged to the client.

12.3. Based on the proposal of the Chamber, the member of the Government in charge of legal matters shall approve the tariff of notary service fees and transportation expenses specified in section 12.2 of this Law.

12.4. The official specified in sections 16.2 and 16.3 of this Law shall receive notary service fees in accordance with the Law on State Stamp Duties.

12.5. A notary is prohibited from receiving fees, expenses, rewards, and incentives for services other than those specified in this Law.

12.6. If a notary cancels the notary service at the request of the client, the service fee and transportation expenses will not be refunded.

12.7. A notary shall place the decision approving the tariff of the service fees and transportation expenses, specified in section 12.3 of this Law, visible to the client.

12.8. A notary shall have a user system specified in clause 4.1.21 of the Law on Value Added Tax, and shall provide the customer with a payment receipt specified in clause 4.1.14 of the Law on Value Added Tax, which includes the rendered service type, service fees, and transportation costs, and the notary shall send information of the payment receipt to the integrated sales system within three days.

/This section was added according to the law as of May 30, 2019./

chapter three

POWER OF GOVERNMENT MEMBER

Article 13. Power of government member in charge of legal matters

13.1. The member of the government in charge of legal matters shall exercise the following powers regarding the notary:

13.1.1. approving the rules, procedures, instructions and guidelines to be followed in the activities of notaries;

13.1.2. organizing the implementation of laws and regulations on notaries and supervising the activities of notaries in order to ensure the implementation of laws;

13.1.3. monitoring the implementation of notary's code of ethics;

13.1.4. organizing the notary qualification examination;

13.1.5. issuing, suspending or revoking a license to engage in notary activities;

13.1.6. maintaining a unified registration of notaries;

13.1.7. organizing the training and retraining of the officials specified in sections 16.2 and 16.3 of this Law;

13.1.8. conducting researches and conclusions on the activities of notaries and take relevant measures based on the conclusions;

/This clause was revised according to the law as of May 30, 2019./

13.1.9. others specified in the law.

13.2. Certain matters related to the powers specified in Article 13.1 of this Law may be transferred to the Chamber on the basis of a contract.

chapter four

SELECTION OF NOTARIES AND GRANT OF LICENSE TO ENGAGE IN NOTARY ACTIVITIES

                       /Amendment was made to the title of this chapter according to the law as of May 30, 2019./

Article 14. Qualification examination

14.1. License to engage in notary activities shall be granted upon passing the qualification examination organized in accordance with the procedures set forth in this Law.

/Amendment was made to this section according to the law as May 30, 2019./

14.2. Citizens who have passed the bar examination will participate in the qualification examination.

/This section was repealed according to the law as of December 12, 2013./

Article 15. Qualification committee

15.1. The Qualification committee, which is responsible for making judgments on the level of notary qualifications and skills, and conducting qualification examinations, will work under the state central administrative body in charge of legal matters.

15.2. The Qualification committee will consist of seven members, and the chairman will be chosen from among them by the majority vote of the members.

15.3. The composition of the Qualification committee includes two representatives from the court, two representatives from the state central administrative body in charge of legal matters, two representatives from the Chamber, and one lawyer with an academic degree.

15.4. A member of the Qualification committee shall have a master's degree of laws or higher degrees, have legal or notary work experience, and have practiced law for at least 5 years.

/This section was revised according to the law as of May 30, 2019./

15.5. The term of office of the members of the Qualification committee shall be 4 years and they shall not be reappointed. The term of office of the member of the Qualification committee appointed to the vacant position is the same as the remaining term of office of the outgoing member.

/This section was revised according to the law as of May 30, 2019./

15.6. The composition and working procedure of the Qualification committee shall be approved by the member of the Government in charge of legal matters.

15.7. The qualification examination will be held every three years in consideration with the notary district, the number of notaries, and the needs of notaries. The member of the Government in charge of legal matters shall decide whether to conduct a qualification examination in a district where a notary does not work.

15.8. At least 45 days prior to the beginning of the qualification examination, it will be announced in the daily media.

Article 16. Grant the license to engage in notary activities

/Amendment was made to the title of this article according to the law as of May 30, 2019./

16.1. Based on the proposal of the Qualification committee, the member of the Government in charge of legal matters shall issue a license to engage in notary activities to a citizen who meets the requirements specified in section 6.1 of this Law.

/Amendment was made to this section according to the law as of May 30, 2019./

16.2. In soums and villages where a notary does not work, the following person, authorized by the member of the Government in charge of legal matters, shall act as a notary:

/This section was revised according to the law as of May 30, 2019./

16.2.1. the head of the Office of the Governor of soum, or the legal expert of the Office;

16.2.2. the head of the Village Governor's office.

16.3. An official working abroad in a diplomatic mission authorized by the member of the Government in charge of legal matters shall simultaneously perform the duties of a notary.

16.4. The rights and obligations of notaries and other related articles and provisions of this Law shall apply to the officials

who simultaneously perform the duties of a notary specified in sections 16.2 and 16.3 of this Law.
 

Article 17. Suspension of the license to engage in notary activities

/Amendment was made to the title of this article according to the law as of May 30, 2019./

17.1. The member of the Government in charge of legal matters may suspend a license to engage in notary activities on the following grounds:

/Amendment was made to this section according to the law as of May 30, 2019./

17.1.1. reasons specified in clause 23.2.3 of the Law on Combating Money Laundering and Terrorist Financing;

/This clause was revised according to the law as of May 30, 2019./

17.1.2. until the final decision is made based on the opinion of the competent authority in the event that a notary is charged with criminal liability;

17.1.3. for a period of up to 6 months in case of violation of sections 21.2, 21.3, 22.1, and 24.1 of this Law;

/This clause was repealed according to the law as of May 30, 2019./

17.1.4. based on his/her request or the Chamber's proposal if a notary is appointed or elected to civil services, or is unable to perform notary activities for more than 6 months due to health problems or other acceptable reasons.

/This clause was revised according to the law as of May 30, 2019./

17.2. If the grounds for suspension specified in section 17.1 of this Law are removed, the member of the Government in charge of legal matters shall restore the license to engage in notary activities.

/Amendment was made to this section according to May 30, 2019./

17.3. The total period of suspension of license to engage in notary activities on the basis of clause 17.1.4 of this Law is up to 5 years.

/This section was added according to the law as of May 30, 2019./

17.4. In the event that the license to engage in notary activities is suspended for more than 1 year, the member of the Government in charge of legal matters may temporarily appoint a notary to perform notary activities in the notary district from among notaries who are applied for a transfer and waiting in line in accordance with the procedure specified in section 7.4 of this Law. If the reason for the suspension is removed, the notary temporarily appointed to the district will work in the designated district.

/This section was added according to the law as of May 30, 2019./

17.5. When a request to restore the license, the notary shall fulfill the specified set of training hours.

/This section was added according to the law as of May 30, 2019./

Article 18. Revocation of the license to engage in notary activities

/Amendment was made to the title of this article according to the law as of May 30, 2019./

18.1. The member of the Government in charge of legal matters shall revoke the license to engage in notary activities on the following grounds:

/Amendment was made to this section according to the law as of May 30, 2019./

18.1.1. based on his/her own request or medical opinion and reference letter of the relevant organization if the notary is unable to perform his/her duties due to health problems or other acceptable reasons;

18.1.2. it was found that the license to engage in notary activities was obtained with forged documents;

18.1.3. the notary has been found guilty of committing a crime, and the court's judgment has entered into force;

18.1.4. the court's judgement restricting the civil legal capacity of the notary or considering the notary deprived of the civil legal capacity has entered into force;

/This clause was revised according to the law as of May 30, 2019./

18.1.5. violated the clause 21.3.6 of this Law, transferred the right to access to the electronic database and use the notary seal, certification mark to others, and let an unauthorized person to perform the functions of a notary;

/This clause was revised according to the law as of May 30, 2019./

18.1.6. violated regulations of prohibited notary activities stated in clauses 21.3.1, 21.3.2, 21.3.3, 21.3.4, 21.3.5, 21.3.7, and 21.3.8 of this Law twice or more than twice, and it is proven by the decision of the Disciplinary council;  

/This clause was revised according to the law as of May 30, 2019./

18.1.7. did not submit a request to restore the license on the grounds specified in clause 17.1.4 of this Law before the expiration of the suspension period of the notary's activities;

/This clause was added according to the law as of May 30, 2019./

18.1.8. held a job or position violating section 6.2 of this Law;

/Энэ заалтыг 2019 оны 05 дугаар сарын 30-ны өдрийн хуулиар нэмсэн./

18.1.9. for more than 6 months after the issuance of a notary license, or a notary who has been engaged in notarial activity for more than 1 year has not engaged in notarial activity without valid reason;

18.1.9. a notary did not perform the notary activities without an acceptable reason for more than 6 months after the issuance of the license or for more than 1 year during performing notary activities;

/This clause was added according to the law as of May 30, 2019./

18.1.10. revoked the license to practice law on the basis of grounds stated in the law;

/This clause was added according to the law as of May 30, 2019./

18.1.11. the Qualification committee stated in clause 15.1 of this Law concludes that the notary does not qualify in terms of qualifications and skills, or the Disciplinary council makes a proposal to revoke the license in accordance with clause 54.2 of this Law;

/This clause was added according to the law as of May 30, 2019./

18.1.12. there are other grounds stated in laws.

/This clause was added according to the law as of May 30, 2019./

18.2. In case of invalidation of the license for notary activities, the notary shall hand over his seal, certification mark and documents to the Chamber.

/This section was repealed according to the law as of May 30, 2019./

18.3. In case of violation of section 18.2 of this Law, it will be publicly announced that the seal, certification mark and document are invalid.

/This section was repealed according to the law as of May 30, 2019./

Article 19. Termination of notary activities

19.1. The activity of a notary is considered as terminated in the following cases:

19.1.1. death or the court's decision declared a person is dead has entered into force;

/This clause was revised according to the law as of May 30, 2019./

19.1.2. left the nationality of Mongolia.

19.1.3. has reached the upper age limit for notary activities.

/This clause was added according to the law as of May 30, 2019./

19.2. The notary shall notify the member of the Government in charge of legal matters that he/she has left the nationality of Mongolia.

19.3. The upper age limit for notary activities is 70 years.

/This article was added according to the law as of May 30, 2019./

Article 191. Receive notary seal and documents

/This article was added according to the law as of May 30, 2019./

191.1. In case of suspension, cancellation or termination of the license, the notary shall hand over the right to access to the electronic database and use the seal, guarantee mark, document and to the relevant branch or the Chamber.

191.2. The Chamber and its branches shall organize the work of receiving the right to access to the electronic database and use the seal, guarantee mark, document, and if necessary, refer to other relevant organizations for a decision.

191.3. In case of violation of section 191.1 of this Law, the Chamber shall inform the public about the invalidation or termination of the seal, guarantee mark, or license, and inform the relevant authorities through daily media.

Chapter five

OATH, RIGHTS, OBLIGATIONS AND GUARANTEE OF NOTARY

Article 20. Notary oath

20.1. A notary public shall take an oath before starting his/her work, and the procedure for the oath-taking ceremony shall be approved by the member of the Government in charge of legal matters.

Article 21. Rights and obligations of notary

21.1. The notary shall have the following rights:

21.1.1. to determine personal identity of the person using the notary services /hereinafter referred to as "client"/;

21.1.2. to require documents, their copies, and necessary information from citizens and legal entities necessary for notarial acts, and use the electronic database of relevant organizations in accordance with laws, regulations and contracts;

/Addendum was made to this clause according to the law as of May 30, 2019./

21.1.3. if it is deemed necessary, summon the relevant person, confiscate potentially fake documents and transfer them to the relevant authorities;

/Addendum was made to this clause according to the law as of May 30, 2019./

21.1.4. others stated in the law.

21.2. The notary undertakes the following obligations:

21.2.1. to explain the client's rights and obligations, to clarify whether the action is carried out according to his will, to explain the legal consequences and legal significance;

21.2.2. to strictly observe the notary's code of ethics and maintain professional confidentiality;

21.2.3. to pay membership fees;

21.2.4. to insure with liability insurance policy;

21.2.5. to check the authenticity and correctness of documents related to notarial acts;

21.2.6. to provide documents related to notarial acts, their copies, and necessary information as required by legal authorities;

21.2.7. to exercise the right to perform notarial acts only by oneself and not transfer the seal or certification mark to others;

21.2.8 if there is any doubt about the authenticity of the document submitted for certification, to obtain a reference, an enquiry and/or a copy of document from an organization, if necessary, to send the document for investigation/analysis;

21.2.9. to notify the relevant authorities to take appropriate measures if it is found that the client has violated the law while performing notarial acts;

21.2.10. to attend continuous training and collect credit hours;

/This clause was added according to the law as of May 30, 2019./

21.2.11. to submit and report information of transactions specified in Articles 4 and 7 of the Law on Combating Money Laundering and Terrorist Financing to the competent authority;

/This clause was added according to the law as of May 30, 2019./

21.2.12. a permanent resident in Mongolia registers with the tax office as a taxpayer, uses the user system specified in clause 4.1.21 of the Law on Value Added Tax, and submits a tax return to the relevant tax office within the period specified in the law;

/This clause was added according to the law as of May 30, 2019./

21.2.13. others stated in the law.

21.3. The following are prohibited in notary activities:

21.3.1. to certify false documents;

21.3.2. to certify a copy of the document without comparing it to the original;

21.3.3. to perform notarial acts by concealing the circumstances in which notarial acts cannot be performed;

21.3.4. to disclose client's secrets discovered during notary activities, to use or let others use any information of client to harm rights and legal interests of the owner or other persons;

21.3.5. unreasonably refuse to act as a notary or to provide legal advice;

21.3.6. to transfer the right to use the seal, certification mark, and access to the electronic database to others violating legal regulations, and to let unauthorized person perform functions of notary;

/This clause was added according to the law as of May 30, 2019./

21.3.7. to engage in activities violating the established notary district;

/This clause was added according to the law as of May 30, 2019./

21.3.8. unreasonably increase or decrease the fees and costs of notary services, and collect fees and charges from the client other than the established fees and costs.

/This clause was added according to the law as of May 30, 2019./

Article 22. Professional confidentiality of notary

22.1. If a notary performs notarial acts on matters related to the state and official secrets, organizational secrets, and sensitive personal information, he/she shall protect their secrets in accordance with the relevant laws and regulations.

/Amendment was made to this section according to the law as of December 17, 2021./

22.2. Even after the termination of notary activities, the obligation to maintain the confidentiality remains.

22.3. Sections 22.1 and 22.2 of this Law apply to other persons who learn the secrets of the notary's acts while performing their official duties.

22.4. A notary's fulfillment of reporting obligations in accordance with the Law on Combating Money Laundering and Terrorist Financing shall not be considered a disclosure of notary professional or client secrets.

/This section was added according to the law as of April 26, 2018./

Article 221. Continuous legal training

/This article was added according to the law as of May 30, 2019./

221.1. The notary shall participate in continuous training specified in the relevant laws, regulations and guidelines, and shall collect training credit hours every year.

221.2. Continuous training is aimed at regular improvement of the notary's knowledge, level of qualification and skills in accordance with modern trends in legal theory, legislative reforms, judicial practice, strict adherence to professional ethics, and practice of fair and independent activities.

221.3. The Chamber shall organize matters related to collecting continuous training and credit hours in accordance with the relevant legislation.

Article 23. Guarantees of impartiality and independence of notary

23.1. It is prohibited to put pressure, interfere, hinder, or illegally demand to perform notarial acts.

Article 24. Liability insurance police for notary

24.1. A notary shall be insured with compulsory liability insurance in order to compensate a client in case of damage caused to the client due to wrong actions of the notary or wrong identification of the client's personal identity.

/Amendment was made to this section according to the law as of October 6, 2011./

24.2. The Chamber will organize activities related to insuring the notary with the compulsory liability insurance considering opinions of members.

/This section was revised according to the law as of May 30, 2019./

24.3. The amount of insurance compensation specified in section 24.1 of this Law shall not be less than two hundred times the minimum wage for one month in the capital, and not less than one hundred times the minimum wage for one month in local areas.

Chapter six

NOTARIAL ACTS, NOTARY REGISTRATION, TERM

Article 25. Types of notarial acts

25.1. There are following types of notarial acts:

25.1.1. to certify contracts and deals;

25.1.2. to certify a will;

25.1.3. to certify a power of attorney;

25.1.4. to issue a certificate of inheritance;

25.1.5. to protect inherited property;

25.1.6. to certify documents of establishment of a legal entity and its amendments;

Addendum was made to this clause according to the law as of May 30, 2019./

25.1.7. to certify documents related to property rights registration;

25.1.8. to certify the right of ownership of the share of the jointly or partially owned property of the family members;

25.1.9. to certify copies and translations of documents;

/Addendum was made to this clause according to the law as of May 30, 2019./

25.1.10. to certify the authenticity of signatures on documents;

25.1.11. to receive, store and transfer the performance of duties specified in Article 237 of the Civil Code;

/This clause was added according to the law as of May 30, 2019./

25.1.12. to write a notary's notice.

/Amendment was made to the numbering of this clause according to the law as of May 30, 2019./

25.1.13. others stated in the law.

/This clause was added according to the law as of May 30, 2019./

25.2. Mandatory notarization of notary acts shall be established only by the law; other acts shall be certified at the request of the client.

25.3. The person performing the duties of a notary specified in section 16.2 and 16.3 of this Law has the right to certify notary acts other than those specified in clauses 25.1.4, 25.1.11, and 25.1.12 of this Law.

/This section was added according to the law as of May 30, 2019./

Article 251. To engage in electronic/cyber activities

/This article was added according to the law as of May 30, 2019./

251.1. The Chamber will create an electronic database of records and information related to notary activities throughout the entire territory, and will transmit information not prohibited by the law to the state registry, tax authorities and/or other relevant authorities in electronic form and exchange information.

251.2. A notary shall engage in notary electronic activities by making electronic registration, creating information, uploading and enriching it to the database, mediating, ransmitting it to the state registry, tax authorities and other relevant authorities, and obtaining inquiries and information.

251.3. The procedure for receiving, storing, and using information in the notary's electronic database and ensuring its security shall be approved by the member of the Government in charge of legal matters.

Article 26. Notary registration

26.1. When witnessing documents and events, a notary shall keep a notarial registration and write the notarial acts performed by the notary accurately, without corrections, legibly and clearly in order of year, month and date. The notary shall keep the printed original copy of the electronic registration of the certified act in paper form.

/Addendum was made to this section according to the law as of May 30, 2019./

26.2. In the notary registration, the client's surname, parent's name, first name, civil registration number, address of the place of residence, if a record is kept for the notarial act, shall be noted respectively.

/Amendment was made to this section according to the law as of June 3, 2022./

/Amendment was made to this section according to the law as of May 30, 2019./

26.3. Clients, witnesses and other participants participating in notarial acts shall sign the notarial registration.

/Amendment was made to this section according to the law as of May 30, 2019./

26.4. The number on the seal of the guarantee mark stamped on the document performed by the notary is the same as the registration number.

26.5. Notary registration shall be kept with insoluble ink and one color.

Article 27. Indentification of client's personal identity

27.1. A notary determines a personal identity of a client on basis of his/her civil documents, fingerprints, a state registration certificate and a charter in case of a legal entity, and shall check whether a power of attorney and a representation have the appropriate legal capacity, and if necessary, may determine it by a reference letter of the competent authority or information in the electronic database, or it can be identified by two witnesses who identify the person.

/Addendum was made to this section according to the law as of May 30, 2019./

27.2. If a notarial act is urgently required due to unavoidable circumstances such as obvious deterioration of the client's health, the personal identity of the client may be clarified after the notarial act is performed without specifically clarifying the client's personal identity.

Article 28. Rights and obligations of client

28.1. A client has the following rights:

28.1.1. to freely choose a notary himself/herself, except for the cases specified in section 7.3 of this Law;

28.1.2. to file a complaint about illegal actions of a notary to the Chamber or to the member of the Government in charge of legal matters;

28.1.3. to receive a compensation for damages caused by a notary's misconduct;

28.1.4. other rights stated in the law.

28.2. A client undertakes the following obligations:

28.2.1. accurately prepare documents for notarial acts;

28.2.2. to provide verbal or written explanations on issues requested by a notary.

28.3. A notary is not responsible for damages caused by wrongful actions of a client.

Article 29. Term of notarial acts

29.1. Except as specified in Articles 30 and 31 of this Law, notarial acts shall be performed in each case.

Article 30. Postponement and suspension performing notarial acts

30.1. If a client is under the influence of alcohol or drugs, or is unable to control his/her actions, a notarial act shall be postponed until this situation is removed.

30.2. In the event that a citizen or legal entity needs to provide with additional documents, their copies, or necessary information, or to analyze them, the notarial act can be postponed for a certain period of time.

30.3. In the event that another person submits a request to the notary about a claim relevant to the documents or rights being witnessed by the notary submitted to the court, the notarial act shall be postponed for 3-7 days, and during this period if it is determined that the claim has been filed to the court, the notarial act shall be suspended until the court's decision.

/Amendment was made to this section according to the law as of May 30, 2019./

Article 31. Refual to perform notarial acts

31.1. A notary shall refuse to perform notarial acts in the following cases:

31.1.1. if a client's documents contradict the laws and international agreements of Mongolia;

31.1.2. matters related to him/her or his/her family member;

31.1.3. if another person wants a notary to perform a notarial act on matters related to personal privacy of his/her regular client;

31.1.4. if a client does not have legal capacity or the right to represent;

31.1.5. if he/she participates in the proceedings as an authorized representative, the documents related to the case;

31.1.6. others stated in the law.

31.2. A notary has no right to refuse to perform notarial acts on grounds other than those specified in section 31.1 of this Law.

31.3. Notarial acts performed violating section 31.1 of this Law shall be considered invalid by the court at the request of the notary or interested person.

Article 32. Attendance of translator /interpreter/

32.1. If a client is mute, deaf, or does not know the Mongolian language, his/her legal representative/guardian, supporter/ and translator /interpreter/ shall be attended in a performance of notarial acts and creation of documents. The client chooses the translator /interpreter/ himself/herself.

32.2. The translator /interpreter/ shall be liable in accordance with the laws and regulations if he or she intentionally translates or interprets falsely.

32.3. When two or more parties attend in a performance of a notarial act, one party is prohibited from acting as a translator /interpreter/ for the other party.

32.4. A client can sign in the language he/her knows.

Article 33. Attendance of witness

33.1. If a client is blind, mute, deafe, illiterate, as well as a person with no legal capacity, his/her legal representative /guardian/supporter/ shall be attended in a performance of notarial acts, if the notary considers it is necessary, a witness shall be attended in. In this case, the following persons are prohibited to attend as a witness:

33.1.1. minors;

33.1.2. lacks legal capacity;

33.1.3. illiterate;

33.1.4. does not know Mongolian;

33.1.5. regular client of the notary.

33.2. If the client wants, a witness can be participated in a performance of the notarial act.

Article 34. Notary's record about performed notarial acts, its content

34.1. If the client specified in Articles 32 and 33 of this Law, as well as other participants are involved, a notary record shall be kept. In other cases, if it is necessary, the notary may keep a record.

/Amendment was made to this section according to the law as of May 30, 2019./

34.2. The record specified in section 34.1 of this Law shall include the following:

34.2.1. surname, first name of the client or his/her legal representative;

34.2.2. surnames, names of parent, names of other participants, including witnesses, translators /interpreters/ who participated in the notarial act, their first names, age, profession, address of residence, and their explanations, as well as reasons why witnesses, translators/interpreters/ are participated in;

34.2.3. the method of presentation of relevant documents, results of operations, and sequence;

34.2.4. notary's position, surname, parent's name, first name;

34.2.5. date and time of execution of the document.

Article 35. Rule of keeping records

35.1. Records shall be legible, clear in terms of content, without spelling corrections, and shall not be inserted except as specified in section 35.6 of this Article.

35.2. After a notary keeps a record, a client and other participants shall read it.

35.3. The record shall be signed by the client and other participants, such as witnesses and translators, who participated in the notarial act, and the notary shall seal it.

/Amendment was made to this section according to the law as of May 30, 2019./

35.4. If people who cannot sign are participating, or if the situation specified in section 27.2 of this Law has arisen, an explanation will be written.

35.5. If the record has two or more pages, each page shall be numbered and signed by the client and other participants.

35.6. If the client wants, he/she can make additions and changes to the record without changing its content, in this case, the client and other participants, such as witnesses, translators, who participated in the notarial act, shall sign and the notary shall seal it.

/Amendment was made to this section according to the law as of May 30, 2019./

35.7. Amendments and changes made violating section 35.6 of this Law shall be considered invalid.

Article 36. Replenishment of lost materials

36.1. In case a notary loses materials possessed by himself/herself, he/she shall replenish the materials by copying materials given to the client, make a note about this on the copies, and keep it according to the procedure of document storage.

36.2. If it is not possible to replenish lost materials due to emergency situations or force majeure or other reasonable reasons, the notary shall inform the Chamber about this.

/This section was added according to the law as of May 30, 2019./

36.3. Emergency situations or force majeure special circumstances and other reasonable reasons stated in section 36.2 of this Law shall be understood as stated in the Civil Code.

/This section was added according to the law as of May 30, 2019./

Article 37. Check the primary materials

37.1. When certifying documents at the request of the client, his/her successor and/or authorized representative, the notary shall examine other primary materials related to the documents.

/Amendment was made to this section according to the law as of May 30, 2019./

37.2. It is forbidden to examine the primary materials on matters that are not important to the relevant citizen or legal entity.

Article 38. Copy of documents

38.1. If the client loses the certified document, the notary can provide a copy from the primary copy or from the notary's electronic database.

/This section was revised according to the law as of May 30, 2019./

Article 39. Storing documents

39.1. A notary or notarizing officers specified in sections 16.2 and 16.3 of this Law shall keep certified documents and documents which are the basis for notarial acts in paper and electronic form according to the issued number.

/This section was revised according to the law as of May 30, 2019./

39.2. If it is considered necessary, the notary and the notarizing officers stated in sections 16.2 and 16.3 of this Law shall take and store all things related to certified documents securing by photographs and other possible methods.

/ Addendum was made to this section according to the law as of May 30, 2019./

39.3. A notary shall submit documents created in accordance with section 39.1 of this Law to the state archive, a notarizing officer specified in section 16.2 of this Law submits documents to the archives of the administrative unit to which he/she belongs, and a notarizing officer specified in section 16.3 submits to the archive of the state central administrative body in charge of foreign relations respectively. The procedure related to transfer and storage in archives shall be approved by the member of the Government in charge of legal matters.

/This section was revised according to the law as of May 30, 2019./

/Addendum was made to this section according to the law as of April 24, 2020./

Chapter seven

PROCEDURE OF NOTARIAL SPECIFIC ACT

Article 40. Certifying a will

40.1. A notary shall rely on the following documents when certifying a will:

40.1.1. the opinion of a specialist doctor who proves that the testator is capable of fully understanding his/her actions at the time of making the will;

/This clause was revised according to the law as of May 30, 2019./

40.1.2. a document proving that the bequeathed movable and/or immovable property and rights are the property of the testator.

40.2. A notary shall witness a will and the testator himself/herself shall sign it.

40.3. If the testator is unable to sign the will himself due to illness or other acceptable reasons, he/she may have it signed by an outsider based on his request. In this case, a record of the client's above mentioned reasons will be made with the participation of a witness.

40.4. If the testator changes or terminates his/her will in accordance with section 525.1 of the Civil Code, the information about this shall be submitted within 30 days, along with the changed will and terminated documents, to the notary who witnessed the will or to the Chamber.

40.5. As soon as the notary receives the documents specified in section 40.4 of this Law, he/she shall make a note about the change or the termination in the original will and the will registration book, and attach a copy of it. In the absence of the notary who first witnessed the will, the President of the Chamber shall perform acts specified in this Article.

40.6. Documents on the execution of a will may be attached to the will.

/Amendment was made to this section according to the law as of May 30, 2019./

40.7. The notary shall stamp, seal and sign each copy of the will, write the witnessed date, and hand over one copy to the testator, and keep the remaining copy in the Chamber.

40.8. A person specified in section 523.2 of the Civil Code may witness a will, and in this case it will be considered same as a notary's witnessing.

40.9. If the person specified in section 523.2 of the Civil Code witnesses the will, the remaining copy shall be handed over to the Chamber or to the branch of the Chamber specified in section 8.2 of this Law, and the notary who received the will shall register the will in the registration book and have it signed by the delivered person.

Article 41. Certifying a power of attorney

41.1. Surnames, parents' names, first names and addresses of a principal and a representative, date of issuance of the power of attorney, full powers granted by the principal to the representative, and its term shall be written in the power of attorney. In case the power of attorney issued by a legal entity, it shall be checked whether the requirements specified in clauses 64.2.1 and 64.2.2 of the Civil Code are met.

41.2. If activities that permitted to perform by the representative is to be performed by others, or the power of attorney is to be transferred to others, this shall be specifically stated in the power of attorney, and, if it is not stated in the power of attorney, it is prohibited to certify the transfer of the power of attorney to others, except there is inevitable necessary to protect interests of the principal.

/Amendment was made to this section according to the law as of May 30, 2019./

41.3. When issuing a power of attorney, the notary shall adhere to the period specified in sections 62.6 and 64.5 of the Civil Code, and the period shall be written in numbers and letters in the power of attorney issued with a time limit.

Article 42. Protect the inherited property

42.1. In accordance with Article 537 of the Civil Code, the notary of the area where the inheritance was opened may take measures to protect the inherited property.

42.2. The notary will check whether the testator has a deposit in the bank, and if the deposit is bequeathed, the heir will be informed.

42.3. If the testator's property or its parts are in a place other than the place where the inheritance was opened, the notary shall take measures to protect it.

42.4. The notary registers the property to be inherited and appoints a custodian. During the registration, in the presence of at least two witnesses, the property to be inherited, its location, the date of registration, a surname and parents' name of a participant and the person who accepted the property for safekeeping and his/her first name, civil registration number, address etc., shall be registered, and, the registration shall be issued at least three copies and shall be signed by participants.

/Amendment was made to this section according to the law as of June 3, 2022./

42.5. If it is not possible to protect the property to be inherited, the notary shall notify the interested parties by making a deed.

42.6. If the heir refuses to accept the inheritance, the notary will notify the other heirs of the termination of the measures taken to protect the property, and if the other heirs refuse to accept the inheritance, the property to be inherited will be transferred to the ownership of the appropriate state organization and a certificate will be issued.

/Amendment was made to this section according to the law as of May 30, 2019./

Article 43. Grant a cetificate of inheritance

43.1. Based on the written request of the heir, the notary of the area where the inheritance was opened shall issue a certificate of inheritance in accordance with the Civil Code.

43.2. When issuing the certificate of inheritance, the following documents shall be used:

/Amendment was made to this section according to the law as of May 30, 2019./

43.2.1. a document proving the heirship;

/Amendment was made to this section according to the law as of May 30, 2019./

43.2.2. a testator's death certificate, and/or if he/she is considered missing or declared dead, a court decision about it;

43.2.3. a location, a composition, and quantity of the property to be inherited, documents proving that it is the property of the testator;

43.2.4. a court decision determining the heirship;

/Amendment was made to this section according to the law as of May 30, 2019./

43.2.5. a written request of the heir, a reference letter of the Governor of bagh or khoroo where he/she resides in.

43.3. If the heir refuses to accept the inheritance in accordance with section 528.5 of the Civil Code, the notary shall certify his/her request and offer his share to the other heirs, and if the other heirs accept the offer, the notary shall issue a certificate of inheritance.

/Addendum was made to this section according to the law as of May 30, 2019./

43.4. The property to be inherited and the share to be assigned shall be precisely specified in the certificate of inheritance, and Articles 522, 531, and 533 of the Civil Code shall be followed when determining it.

43.5. If the heir is a minor or lacks legal capacity, the certificate of inheritance shall be issued to his/her legal representative/parent/guardian/supporter, and a special record shall be made about this.

43.6. In the event that the property to be inherited is pledged, the certificate of inheritance shall be issued to the heir and the pledgee shall be informed about it.

/This section was revised according to the law as of January 17, 2019./

/This section was repealed according to the law as of May 30, 2019./

43.7. If the competent authority seizes the property to be inherited, it is prohibited to issue a certificate of inheritance until the property is released from the seizure.

43.8. The model of the certificate of inheritance shall be approved by the member of the Government in charge of legal matters.

/This section was repealed according to the law as of May 30, 2019./

Article 44. Witness a signature

44.1. A notary certifies the authenticity of signatures written on documents complying with the law.

44.2. If the notary witnesses the signature of an authorized official representing a legal entity, he/she shall check whether the stamp or seal of the organization is affixed.

44.3. When witnessing the authenticity of the signature of a person who is mute, deaf, unable to speak, or does not know Mongolian, the notary shall check the client's civil documents and ask whether a witness will be present at the signing, and if necessary, take a record in presence of the witness.

/This section was repealed according to the law as of May 30, 2019./

44.4. The client shall personally come and sign the document and the notarial register.

/Amendment was made to this section according to the law as of May 30, 2019./

Article 45. Notice of the notary, its content 

45.1. At the request of the payee, the notary shall write a notice to collect money, material or non-material assets from the payer, based on the notarized contract concluded by the parties to pay the payment without a dispute and/or to recover the performance of the obligation from the collateral, and documents proving the payment.

/Amendment was made to this section according to the law as of July 2, 2015./

/This section was revised according to the law as of May 30, 2019./

45.2. When issuing the notice specified in section 45.1 of this Law, the notary shall consider the following conditions:

45.2.1. whether the document proves that the payment from the payer to the payee is indisputable;

45.2.2. whether three years have passed since the right to file a claim had arisen.

45.3. The notice of the notary shall indicate the following:

45.3.1. surname, parent's name, first name, notarial district of the notary who is giving the notice;

45.3.2. what document is the notice based on;

45.3.3. last names, parent's names, first names, addresses of work and residential addresses of a payer and a payee, a name of enterprise or organization, the address of the principal place, a bank account number, a state registration number;

45.3.4. a payment period;

45.3.5. an amount of payment, items of demand, an interest, an increased interest, and an amount of fines if specified in the document that served as the basis for issuing the notice;

/Amendment was made to this section according to the law as of May 30, 2019./

45.3.6. an amount of fees and expenses for notary services;

45.3.7. date and number of the notice.

45.4. The notary shall print the notice on a printed paper, seal and sign it.

45.5. The payment specified in the notary's notice shall be collected in accordance with the procedure specified in the Law on the Enforcement of Court Decision.

Article 46. Certifying contracts and transactions

46.1. At request of the client, the notary certifies the following contracts and transactions that are not contrary to the law:

/Addendum was made to this section according to the law as of May 30, 2019./

46.1.1. a contract to transfer immovable property to others;

46.1.2. a contract related to property rights of spouses;

46.1.3. a contract to create the right to sole ownership of an apartment;

46.1.4. a usufruct contract for the transferring all property available to him/her or a certain part of it to the ownership of others, for limited ownership and use;

46.1.5. an alimony agreement;

46.1.6. a contract of transferring rights;

46.1.7. a loan agreement;

46.1.8. an agreement to transfer shares and other securities to the ownership of others.

46.1.9. others stated in the law.

/This clause was added according to the law as of May 30, 2019./

46.2. When certifying a contract or transaction, the notary shall check whether it complies with the law and is an expression of the will of the parties, according to the following:

46.2.1. whether the parties entered into a contract or transaction on the basis of equal rights;

46.2.2. whether he/she was under pressure, duress or other influences;

46.2.3. whether the content fully expresses the client's will;

46.2.4. whether the consequences and results can be realistically addressed.

46.3. If one of the conditions specified in section 46.2 of this Law is violated, the notary shall refuse to certify the contract or transaction.

46.4. If the contract or transaction is made through a representative, it will be checked whether the representative's authority and power of attorney meet the requirements specified in the law.

46.5. When certifying a contract or transaction concluding on behalf of a legal entity, the notary shall check whether the rights of the person legally representing the legal entity are specified in the contract, rules, and the decision of the Board of Directors.

46.6. When certifying a contract or transaction, the notary shall clarify with the parties whether they have fully understood its content, consequences, and liability in the event of non-fulfillment of obligations.

46.7. The notary certifies a contract or transaction for the transferring movable or immovable property and/or its rights to others based on documents proving that whether the property is under ownership, possession, and/or usage of the person, and in case of a legal entity, a founding agreement and a charter constitutes the basis for certifying.

46.8. When certifying amendments, addendums, extensions, cancellations, or terminations of contracts and agreements that become effective upon registration with the appropriate organization, an independent notarial act shall be performed based on the request of the parties to the contract, and a copy of the original contract shall be attached to the notarial document.

46.9. When the notary certifies a contract or transaction to make addendums or amendments to immovable property documents or to transfer ownership, possession or usage of jointly owned immovable property to others, he/she shall certify it on basis of the consent given by a citizen or a legal entity or an organizaion whose rights and legal interests directly affected.

/This section was repealed according to the law as May 30, 2019./

46.10. The notary shall give a copy of the notarized contract or transaction to the parties, attach the relevant documents and keep them in the archive.

Article 47. Certifying documents related to the registration of property right

47.1. A notary can certify documents related to property ownership rights and other related property rights.

47.2. When certifying the document specified in section 47.1 of this Law, the notary shall check whether the document complies with the requirements specified in the Law on State Registration of Property Rights.

/This section was amended according to the law as of June 21, 2018./

Article 48. Certifying the right of ownership of the member's share of the jointly owned property of the family members

48.1. Based on the written contract, the notary can certify the property rights of the spouses, and the right of ownership of the member's share of the jointly owned property of the family members shall apply to the property jointly owned by the spouses on that date, and the nature of the property shall be clearly specified in the contract.

48.2. When certifying the right of ownership of the spouse's share, the notary shall rely on the marriage certificate, the court decision on divorce, the death certificate, the court decision declaring the person missing or declared dead, and documents proving the ownership of immovable and movable property between the spouses.

48.3. When certifying whether immovable or movable property is part of the joint property of the spouses, the document of registration of the property in the appropriate organization and proof of payment of taxes and fees shall be used as evidence.

48.4. If a house is built or extensively renovated with a bank loan, the ownership rights of each spouse shall be certified based on the creditor's reference.

48.5. If one of the spouses dies, the ownership rights of the part of the immovable and/or movable property jointly owned by them shall be certified at request of the wife or husband after it is informed to the heir, recorded and signed by the heirs.

48.6. The composition of the property to be given to the wife or husband shall be specified in the notice stated in section 48.5 of this Law.

48.7. If the deceased's wife or husband is not the legal representative of his or her minor children or heirs who lack legal capacity, the notice specified in section 48.5 of this Law shall be given to their legal representative /parent/, guardian or supporter/.

48.8. The notice can be sent by mail, and if the heir is present in person, the notary will verbally inform him/her and present the application of the deceased's wife or husband to the heir, and get his/her signature.

Article 49. Certifying a copy of documents

49.1. If the content of the full or partial copy of the document does not contradict the law, the notary shall certify the copy based on checking the copy against the original document.

49.2. True and correct of a copy of any part of a document containing different meanings can be certified, and when certifying it, the part expressing the main content must be certified together.

49.3. If the original copy was previously certified by a notary, or if the citizen or legal entity who issued the document determines its true and correct, the copy of the document shall be certified.

Article 50. Certifying documents for establishment of a legal entity and/or changes to the information of legal entity

/This article was revised according to the law as of May 30, 2019./

50.1. When certifying a document for the establishment of a legal entity or changes to the information of the legal entity, the notary shall rely on the participants' identity cards or equivalent documents, the decision to establish the legal entity, the state registration certificate and a charter of the legal entity.

50.2. When certifying a document for establishment of a legal entity specified in Article 33 of the Civil Code and the changes to the information of the legal entity, the notary shall check whether the document complies with the requirements specified in the law.

Article 501. Receiving, keeping and transferring the performance of obligations stated in Article 237 of the Civil Code

/This article was added according to the law as of May 30, 2019./

501.1. Based on a written request of a citizen or a legal entity, a notary shall keep and transfer the performance of obligations.

501.2. The purpose of keeping the performance of obligations, the obligations arising from the contract or transactions and the terms and conditions of the contract shall be specified in the request, and the relevant documents shall be attached.

501.3. The request of a minor shall be submitted by his/her legal representative / parent, guardian, or supporter/.

501.4. The notary shall check whether the performance of obligations mentioned in the request meets the requirements for storage, and if it is deemed possible to keep the performance of obligations, the notary shall record the performance of obligations in detail and make a document about keeping, and the document shall be approved by signing by the client and stamping it.

501.5. Depending on the nature and characteristics of the item to be kept, the notary shall take measures to keep the item, considering the client's suggestion on where and how to keep it.

501.6. The notary shall immediately inform the obligee about the storage of the performance of obligations at the notary.

501.7. The notary has the right to refuse to act if he/she considers it impossible to keep the performance of obligations.

501.8. If the obligor withdraws the item transferred to the notary for storage before the obligee is receiving it, the notary shall make a record of it and confirm it with the signature and seal of the obligor.

501.9. The storage period for performance of obligations is up to 3 years according to section 237.9 of the Civil Code.

Chapter eight

MISCELLANEOUS

Article 51. Monitoring notary activities

51.1. The state central administrative body in charge of legal matters and the Disciplinary council under the Chamber (hereinafter referred to as "Disciplinary council") shall monitor the activities of notaries.

Article 511. Term of disciplinary action

/This article was added according to the law as of May 30, 2019./

511.1. The term of disciplinary action for a notarial act is 2 years after the discovery of the violation within the statute of limitations specified in the Civil Code.

Article 52. Examining notarial documents

52.1. The state central administrative body in charge of legal matters and the Disciplinary council will examine notarial documents and, if it is considered necessary, may involve relevant experts.

/Addendum was made to this section according to the law as of May 30, 2019./

Article 53. Code of notary ethics

53.1. The notary shall follow the code of notary ethics in his/her activities.

53.2. The code of notary ethics shall be approved by the member of the Government in charge of legal matters.

53.3. Disciplinary actions will be imposed on notaries who violate the code of notary ethics.

Article 54. Disciplinary actions

54.1. Notaries who violate the law and the rules, regulations, and other norms for notary activities shall be subject to one of the following disciplinary actions, unless otherwise provided by law, taking into account the nature of the violation:

/This section was revised according to the law as of May 30, 2019./

54.1.1. warning;

54.1.2. suspension of notary activities for a period of up to 1 year;

54.1.3. revocation of the license to engage in notary activities.

54.2. If a notary seriously violated the procedures established by this Law, the code of notary ethics and/or other rules of prohibited notary activities, and the violation does not lead to criminal liability, the warning punishment specified in clause 54.1.1 of this Law shall be imposed by the Disciplinary council, and the punishment specified in clauses 54.1.2 and 54.1.3 shall be imposed by the member of the Government in charge of legal matters considering a proposal of the Disciplinary council.

/This section was revised according to the law as of May 30, 2019./

54.3. Based on the proposal of the Disciplinary council, the member of the Government in charge of legal matters shall make a decision to temporarily suspend the license to engage in notary activities for a period of up to 1 year, or revoke the license.

/This section was revised according to the law as of May 30, 2019./

54.4. If the notary disagrees with the decision of the Disciplinary council, he/she may file a complaint with the member of the Government in charge of legal matters.

54.5. If the person performing the duties of a notary specified in sections 16.2 and 16.3 of this Law commits a violation specified in section 54.1 of the Law, the relevant state administrative organization shall impose a disciplinary action.

54.6. If the court made a decision to invalidate the notarial act, the court's decision in this regard shall be delivered to the state central administrative body in charge of legal matters. The procedure for delivery of court decisions shall be jointly approved by the state central administrative body in charge of legal matters and the General Council of Courts.

/This section was added according to the law as of May 30, 2019./

SPEAKER OF THE STATE GREAT KHURAL OF MONGOLIA       D.DEMBEREL