The Essential Guide to Legal Entity Liquidation in Mongolia: What Every Business Owner Should Know



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Liquidation is an inevitable process for businesses winding down operations, and understanding how it works in Mongolia is crucial for any business owner. The country’s legal framework is designed to ensure that liquidation is transparent, orderly, and fair for all stakeholders involved. In this blog post, we will delve into the key aspects of legal entity liquidation in Mongolia, including the types of liquidation and the necessary steps in the process.

Types of Liquidation

In Mongolia, liquidation is primarily categorized into two types:

  1. Voluntary Liquidation: This occurs when the owners or shareholders decide to close the business. Reasons for voluntary liquidation may include financial difficulties, shifts in market conditions, or a strategic pivot to other ventures.
  2. Involuntary Liquidation: Initiated by creditors or the court, this type occurs when a company cannot pay its debts. This often arises from bankruptcy, where the company’s liabilities exceed its assets.

The Liquidation Process

The liquidation process in Mongolia generally follows these key steps:

  1. Decision to Liquidate: For voluntary liquidation, the shareholders must formally resolve to liquidate the company, documenting this decision in the meeting minutes.
  2. Appointment of Liquidators: Qualified liquidators are appointed to oversee the process, including settling debts, selling assets, and distributing remaining funds to shareholders.
  3. Notification: The company must notify relevant authorities, such as the State Registration Office and tax authorities, ensuring compliance with legal obligations and informing creditors of the impending liquidation.
  4. Asset Valuation and Sale: Liquidators assess and determine the market value of the company’s assets, which are then sold to pay off creditors. Maximizing asset value is critical during this step.
  5. Settling Debts: Liquidators prioritize debt settlement according to legal obligations, usually paying secured creditors first, followed by unsecured creditors. If funds are insufficient, creditors receive a pro-rata share based on amounts owed.
  6. Final Distribution: After all debts are settled, any remaining funds are distributed among shareholders according to their ownership interests in the company.
  7. Deregistration: The final step involves deregistering the company from the State Registration Office, officially marking the end of the company’s existence in Mongolia.

Understanding these processes is vital for business owners contemplating liquidation. With the right knowledge and guidance, you can navigate the complexities of legal entity liquidation effectively.

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“How to Account for Free Inventory Under IAS 2: A Step-by-Step Guide”



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When it comes to receiving free inventory, the accounting treatment can be tricky. Whether you’re receiving assets from a government body, suppliers, or shareholders, understanding the correct International Accounting Standard (IAS) to apply is crucial. This guide will explain how to record free inventory, particularly under IAS 2, and how other IAS rules, such as IAS 20 for government grants, may apply.

Free Inventory: Different Sources, Different Accounting

  1. Free Assets from the Government: If your company receives assets as part of a government grant, these are accounted for under IAS 20 (Government Grants and Government Assistance), not IAS 2. This applies to grants from any governmental entity, whether local, national, or international bodies like the IMF, World Bank, or UN. The assets received must be disclosed according to the specific conditions of the grant, and the valuation process must adhere to IAS 20’s rules.
  2. Free Assets from a Supplier: When free assets are received from a supplier, such as spare parts in a purchase contract, they are considered a form of discount under IAS 16 (Property, Plant, and Equipment). The fair value of the free assets must be deducted from the total purchase price, effectively lowering the cost of the purchased inventory.
  3. Free Assets from Shareholders: Shareholders may transfer assets like machinery or land to the company for free. In this case, IAS 2 and IAS 16 require that these assets be recognized at fair value. However, these contributions should not be recorded as income. Instead, they are reflected as capital contributions under the equity section of the balance sheet.

Practical Application

  • Government Grants: Recorded under IAS 20, and recognized as either deferred income or deducted from the carrying amount of the related asset.
  • Supplier Discounts: Recorded as part of the purchase cost reduction, adhering to IAS 2 or IAS 16.
  • Shareholder Contributions: Recognized as capital contributions, not income, and added to the fixed asset account at fair value.

Key Journal Entries for Free Inventory

  • Debit: Fixed assets (Fair value of the asset)
  • Credit: Equity/Other income (Capital contribution)

This ensures the correct accounting treatment, aligning with IAS standards and providing accurate financial reporting.

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“Unlock Mongolia’s Oil Exploration Licensing: A Step-by-Step Guide for Legal Entities”



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Mongolia’s oil reserves offer vast potential for legal entities looking to venture into the exploration sector. However, securing an oil exploration license in Mongolia requires navigating a detailed legal and regulatory process. Here’s a breakdown of the essential steps and requirements to ensure your success.

Step 1: Prepare Your Application

Before diving into the licensing process, ensure you have all necessary documents. These include:

  • Corporate Registration: Proof of registration in Mongolia or a valid permit for foreign entities.
  • Exploration Plan: A comprehensive outline detailing exploration methods, technology, and project timelines.
  • Financial Evidence: Financial reports showcasing the ability to fund the project, including past financials and future budgets.
  • Environmental and Social Impact Assessments: Reports addressing how the project could impact the environment and local communities, along with mitigation strategies.

Step 2: Application Review

Once submitted, the Ministry of Mining and Heavy Industry, along with other regulatory bodies, evaluates your application. They assess your company’s technical and financial capacity and the environmental impacts. For large projects, public consultations with local communities might be required to gather input.

Step 3: License Agreement

If the application meets all the legal and regulatory requirements, the Ministry grants the exploration license. This agreement outlines the license area, duration, and compliance expectations.

Step 4: Ongoing Reporting

After securing the license, companies must submit regular progress reports on exploration activities, financial expenditures, and any encountered challenges to the relevant Mongolian authorities.

Securing an oil exploration license in Mongolia is a multi-step process requiring strong preparation, financial stability, and environmental accountability. By adhering to these requirements and staying informed about any regulatory updates, your company can successfully navigate Mongolia’s oil exploration landscape.

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Mongolia’s High-Tech Oil Refinery Plant Project: A Game-Changer for Energy Independence and Oil Exploration



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Mongolia’s state-of-the-art oil refinery plant project, launched in 2021, marks a significant milestone in the country’s push toward industrial growth and energy independence. This cutting-edge facility is not only set to process crude oil domestically, but it also promises to drastically reduce Mongolia’s reliance on fuel imports, boosting both economic security and national self-reliance.

A New Chapter in Mongolia’s Energy Sector

With its advanced technology, this oil refinery stands as a symbol of progress in Mongolia’s industrial sector. The plant’s design includes sophisticated emission controls, safety features, and efficient refining processes, making it capable of meeting international standards. Beyond that, this venture is expected to create jobs, stimulate local business, and strengthen Mongolia’s role in the regional energy market.

The Urgent Need for Oil Exploration

For the refinery to operate efficiently, a steady supply of crude oil is essential. As a result, oil exploration in Mongolia has become increasingly vital. Here’s why expanding oil exploration is crucial to the refinery’s success:

  1. Raw Material Supply: Ensuring a stable flow of crude oil is necessary to maintain refinery operations and avoid potential supply chain disruptions.
  2. Economic Independence: By tapping into its domestic oil reserves, Mongolia can cut down on fuel imports and bolster its economy through increased revenues and job opportunities.
  3. Innovation and Advancement: Investment in modern oil exploration techniques could elevate Mongolia’s standing in the global energy market.
  4. Sustainability: A balance between resource exploration and environmental responsibility is key to maximizing benefits while minimizing harm.

Mongolia’s strategic vision for its energy sector hinges on the synergy between the refinery’s progress and an accelerated focus on oil exploration. In our next blog, we’ll explore the legal framework and licensing requirements for oil exploration in Mongolia, offering insights into how businesses can navigate this growing industry.

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When Should You Start Calculating Depreciation? The Crucial Timing You Can’t Afford to Miss



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Many companies face the dilemma of when to begin depreciating valuable assets, especially when they remain unused for months. The key question: Should you start calculating depreciation as soon as an asset is purchased, or only when it begins generating revenue? The answer lies in IAS 16 Property, Plant, and Equipment.

What Does IAS 16 Say?

Paragraph 55 of IAS 16 states that depreciation begins when an asset is “ready for use”—not when it’s actively generating revenue. This means that as soon as the asset is in a usable condition, depreciation should be calculated, regardless of whether it’s currently being used in operations.

Common Violation: Depreciating “In Use”

A frequent mistake companies make is delaying depreciation until the asset is actively being used. This is a violation of IFRS standards. Depreciation needs to start when the asset is ready for its intended purpose, even if it remains idle for some time.

Example: Special Purpose Equipment

Imagine your company purchased new equipment on February 1, 2020, to manufacture a new product. The equipment requires installation and testing, which is completed by April 2020. However, production of the new product only begins in June 2020.

Here’s the timeline:

  • The equipment is ready for use in April 2020 after installation and testing are complete.
  • Production doesn’t start until June 2020, but under IFRS, depreciation should begin in April 2020 when the equipment is fully operational, not when it’s actively used.

Challenges: Depreciation Without Revenue

One issue with starting depreciation before an asset generates income is that it creates an expense on your financial statements without corresponding revenue. This appears to conflict with the coherence principle, which links expenses to revenue generation.

Solution: Imposition on Units of Manufactured Products

A practical approach to this issue is the “units of production” method. Under this method, depreciation is tied to the output of the equipment. If no products are being manufactured, depreciation costs do not accrue for that period. This aligns depreciation expenses more closely with revenue generation.

Key Takeaways:

  • Depreciation should start when the asset is ready for use, not when it begins generating income.
  • Starting depreciation too late can lead to IFRS non-compliance.
  • Consider the “units of production” method to better align depreciation with asset output.

Understanding and applying IAS 16 properly can save your business from compliance issues and ensure accurate financial reporting.

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New Online System for Scheduling Meetings with Criminal Detainees: Easier Access Now Available



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Courts in the Bayangol, Khan-Uul, and Songinokhairkhan districts have introduced a convenient online system for scheduling meetings with criminal detainees. Through the website e-uulzalt.mn, you can now request meetings with detained defendants or accused individuals. Here’s a step-by-step guide on how to use the system:

How to Submit a Meeting Request

To schedule a meeting, visit e-uulzalt.mn and provide:

  • Court details (which court is handling the case)
  • Detainee information (name, registration number, and relationship to you)
  • The date and reason for your meeting
  • Your personal details (name, registration number, birth date)

Make sure to specify your relationship to the detainee when filling out the request form.

Visiting Schedule

  • For detained defendants or accused individuals: Meetings can be scheduled on Tuesdays and Wednesdays, between 10:00 AM to 5:00 PM, per Section 13.1 of the “Internal Regulations of the Detention Facility.”
  • For those convicted and serving time: Meetings are available on weekdays (Monday to Friday) from 10:00 AM to 5:00 PM, according to Section 13.2 of the same regulations.

Meeting Limitations

As per Section 13.3 of the “Internal Regulations of the Detention Facility,” only three visitors are allowed per meeting with a detainee.

This online system simplifies the process, making it easier for families and legal representatives to request meetings efficiently.

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How a New EU-Funded Project is Boosting Foreign Trade in Mongolia



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In an exciting move for Mongolia’s foreign trade, the European Union-funded “Foreign Trade Support Project in Mongolia” is working closely with the General Department of Customs to enhance trade facilitation and promote economic growth. On August 8, 2024, the project team met with Deputy Head G. Enkhtaivan to discuss strategic actions aimed at streamlining customs processes, fostering stronger business partnerships, and improving coordination across government agencies.

Key Goals of the Project:

  • Simplifying foreign trade processes
  • Promoting the export of non-mining goods
  • Reducing trade costs and operational time
  • Boosting Mongolia’s economic competitiveness

Empowering SMEs and Removing Barriers This project is particularly focused on creating opportunities for Mongolian small and medium-sized enterprises (SMEs) to access European markets by addressing non-tariff barriers, and ultimately diversifying the country’s export portfolio.

Customs Policy Reform: The General Department of Customs is also playing a pivotal role, prioritizing reforms such as updating cross-border legislation, conducting impact analyses, and fostering public-private partnerships to ensure smooth implementation of these changes.

Deputy Head Enkhtaivan noted the collaboration as essential to ensuring Mongolia’s competitiveness in global trade.

With a promising road ahead, this project is poised to transform Mongolia’s foreign trade landscape by facilitating more efficient processes and increasing opportunities for local businesses.

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Seed Industry Law: Building a Sustainable Future for Mongolia’s Cultivated Plants



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The Seed Industry Law of Mongolia is a critical legislative framework that governs the development and sustainability of the seed industry for cultivated plants. This law fosters innovation, supports fair trade, ensures food security, and protects genetic resources by regulating everything from the creation of new plant varieties to seed trade and quality control.

The law is designed to cover all aspects of seed industry development, from research and innovation to seed propagation and sale. It applies to both domestically produced and imported seeds of cultivated plants, ensuring that the genetic resources and biodiversity are maintained and that the rights of plant variety creators are protected.

Key Definitions Under the Law

  • Seed: Defined as living seeds, implants, seedlings, embryos, and reproductive organs used for the reproduction of cultivated plant varieties.
  • Variety: A group of plants within a botanical community that are distinguished by the expression of stable characteristics resulting from specific genotypes and their combinations.

Areas of Regulation

The law encompasses various aspects of seed industry regulation, including:

  1. Seed Production: Encouraging the sustainable and efficient production of seeds.
  2. Seed Quality Control and Assurance: Mandating strict control over seed quality to ensure that only high-quality seeds reach the market.
  3. Seed Trade: Regulating the trade of seeds to foster fair competition and protect the rights of traders and consumers.
  4. Registration of Varieties: Implementing a structured process for registering new plant varieties, allowing for the protection of intellectual property rights of plant breeders.
  5. Protection of Cultivated Plant Varieties: Safeguarding the innovations and efforts of variety creators by granting them exclusive rights and ensuring the sustainable use of cultivated plant genetic resources.

Government Involvement

At the national level, the implementation and management of seed-related policies are overseen by the state central administrative body in charge of agricultural matters. Local farming departments and agricultural units play key roles in administering these policies within their respective regions, ensuring consistency in the enforcement of quality standards and fostering the growth of the seed industry.

By establishing a legal framework for seed production, quality control, and innovation, Mongolia is building a robust foundation for agricultural sustainability, food security, and economic growth in its farming sector.

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Unlock the Benefits of Trade: How to Obtain a Certificate of Origin in Mongolia



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A Certificate of Origin is essential for businesses exporting products, as it certifies that the goods are partially or fully produced in Mongolia. Issued by the Mongolian National Chamber of Commerce and Industry (MNCCI), this document plays a key role in international trade by verifying the origin of goods for tariff benefits, trade agreements, and legal requirements.

What is a Certificate of Origin?

According to Article 6.2 of the Mongolian Law on Chamber of Commerce and Industry, the MNCCI issues certificates of origin under the “Regulation on determining the origin of export products derived from Mongolia and on issuing the certificate of origin.” This legal document is proof that goods exported from Mongolia are either entirely or partially manufactured within the country.

Types of Certificates of Origin:

The MNCCI issues several types of Certificates of Origin based on specific trade agreements, including:

  • Certificate of Origin Form A
  • Certificate of Origin Form E
  • Certificate of Origin Form APTA
  • Certificate of Origin Form B
  • Certificate of Origin Form-D

These forms are crucial in enabling products to qualify for tariff reductions or exemptions under various trade agreements, ensuring smooth international transactions.

Required Documents for Obtaining a Certificate of Origin

Entrepreneurs looking to obtain a Certificate of Origin must submit the following documents:

  1. Copy of foreign trade contract (buying/selling)
  2. Application form
  3. Invoice (English sample with Mongolian explanation)
  4. Packing list (Invoice & Packing list in Russian/English)
  5. Copy of Incorporation Certificate (individuals provide a copy of their identity card)
  6. Document detailing product composition (if raw materials were imported, include the customs declaration)
  7. Copy of product license
  8. Quality conformity and hygiene certificates
  9. Additional documents may be required for certain certificates, including an additional examination.

Easy Online Submission

For added convenience, businesses can now submit their requests for certificates of origin online by uploading the necessary documents to the MNCCI’s platform. This streamlines the process, making it easier for businesses to meet their export requirements efficiently.

By obtaining a Certificate of Origin, businesses not only comply with international trade laws but also unlock tariff benefits and access to global markets.

Why It Matters

Securing a Certificate of Origin from Mongolia ensures your products are recognized internationally, facilitating smoother transactions, securing tariff advantages, and opening doors to global opportunities.

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“Mongolian Social Insurance Reporting: Avoid Costly Mistakes and Penalties!”



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In Mongolia, accurate and timely social insurance reporting is more than just a legal obligation; it’s critical for protecting your business and employees. Employers must navigate the precise requirements set by the Mongolian government to report social insurance contributions properly. Failure to do so can lead to steep penalties, reimbursement demands, and costly audits. Here, we’ll guide you through the essential steps and consequences to keep your company compliant and running smoothly.

Timely Submission of Reports

Every employer in Mongolia is required to submit a monthly social insurance contribution report to the relevant social insurance institution. This report is due by the 5th of the following month and must be certified with an electronic or digital signature. Missing this deadline can result in financial penalties, so it is crucial to remain diligent with reporting.

If the 5th of the month happens to be a weekend or a public holiday, the report is due the next working day. This flexibility ensures that businesses can maintain compliance even during holidays without incurring penalties. However, it’s important to stay on top of your deadlines to avoid unnecessary complications.

Compliance and Potential Consequences

The Mongolian regulatory framework is strict about ensuring that employers comply with the laws surrounding social insurance contributions. Violations are taken seriously, and businesses found to be in breach may face reimbursement demands and other penalties.

Here are some common violations that could trigger compliance issues:

  • Concealment or Incorrect Reporting: If a company intentionally misreports or conceals the actual salary fund for social insurance contributions, it’s a serious violation. Employers must ensure that their contributions reflect the true financial activities of their business. This includes reporting all income subject to social insurance correctly.
  • Underpayment of Contributions: Employers who fail to pay the correct amount of social insurance contributions may face financial penalties. Conducting regular internal audits of payroll and contribution systems is essential to ensure that payments are accurate and reflect the correct figures.
  • Late Payments: If social insurance contributions are submitted late, penalties may apply. This could lead to reimbursement obligations and additional fines. It’s vital for employers to establish a consistent calendar of deadlines to stay compliant.

Why Compliance is Essential

Beyond avoiding penalties, compliance with social insurance reporting is an integral part of maintaining a stable business in Mongolia. By fulfilling your obligations, you contribute to the social safety net, which benefits both employees and employers. Accurate contributions ensure that your employees have access to social services such as healthcare, pensions, and unemployment insurance. It also protects your business from government audits and financial risks.

Employers are urged to stay informed of any regulatory changes to avoid non-compliance. The government may update regulations, and businesses must adapt to these changes promptly. With diligent record-keeping and a proactive approach to regulatory shifts, your company can remain compliant and support the welfare of its employees.

Final Thoughts

While the rules surrounding social insurance contributions in Mongolia can seem complex, staying compliant is critical for the smooth operation of your business. By prioritizing accurate and timely reporting, you not only meet your legal obligations but also contribute positively to your workforce’s welfare.

For any employer, navigating these regulations carefully will ensure the protection of both the business and its employees. Keeping up with the evolving legal landscape will enable you to avoid fines, audits, and penalties while fostering a secure and compliant workplace.