2014-01-03
The Governor of the Bank of Mongolia and the Chairman of the Financial Regulatory Commission issued Joint Resolution No. 278/83 to approve regulations governing the disclosure of information to mortgagors. The resolution mandates that mortgagees must provide specific loan terms, legal rights, and cost details to borrowers prior to signing collateralized loan contracts. It further prohibits lenders from charging mortgagors for information provision or forcing them to use specific notary or evaluation services.
Unofficial translation JOINT RESOLUTION OF THE GOVERNOR OF BANK OF MONGOLIA AND CHAIRMAN OF THE FINANCIAL REGULATORY COMMISION Date: May 06, 2010 No. 278/83 Ulaanbaatar Re: Approval of Regulation In accordance with the Article 62.2 of the Law on Immovable Property Collateral, it is hereby decreed:
Unofficial translation Annex of the joint resolution #278/83 of the Governor of BOM and Chairman of FRC in 2010 May 06 REGISTRATION OF IMMOVABLE PROPERTY REGULATIONS TO A MORTGAGOR
2.2.In order to provide information on Annex 1, Articles 13. 20-26, 41-48 of “Law on Immovable Mortgage Property Communal”, a brief copy of the contract conditions, and the mortgagor’s legislation regulation should all be briefly explained and presented. 2.3.To guarantee that Article 2.1 is ensured, immovable property law for the mortgagor should have two copies. 2.4.Information stated above in Articles 2.1 and 2.2 should be briefly clarified to the mortgagor or the authorized representative, and the mortgagor or an authorized representative and the agent of the mortgagee should legalize the document either by signing or sealing the pages of the contract. 2.5.Signed and legalized documents stated in Article 2.4 should have a copy given to the mortgagor.
Unofficial translation 2.6.Signed and legalized documents stated in Article 2.4 should be having a copy given to the mortgagee or an agent. However the agent’s identification should be secured and stored as stated with the mortgagor’s profile. 2.7.Mortgagee has the responsibility to provide additional information to the Articles 2.1 2.2 and a brief clause in print upon the mortgagor’s request. 2.8.If there has been any adjustment to the clause before the loan due-date, the mortgagee has full responsibility to submit the adjustment information to the mortgagor. 3. MISCELLANEOUS
3.1. Mortgagee has no right to demand for the expense involved in the assurance of the Articles 2.1, 2.2, and 2.7 from the mortgagor. 3.2. Mortgagee has no right to demand the mortgagor to visit a certain notary office, evaluating organizations, or any name given institutions for the assurance of the Article 2.1. 3.3. If the body who obtained the collateral item violates any clause during the procedure, “Law on Immovable Mortgage Property Communal” in Article 62 will be notified as not delivered to the mortgagor. ---oOo----
Unofficial translation Regulation on Mortgagor its Information Annex 1 1. Mortgagee, or authorized representative: Regarding citizenship: Family name Last name First name Passport number Address
Regarding a legal body: First name Passport number Address
Regarding an established representation for the legal body: Family name Last name First name Passport number Address
Purpose of the mortgage
Loan and interest payment date*
Loan payment location
Loan payment method
Variable interest loan: Definite formula for loan interest Repetition of loan interest adjustment
If insurance is necessary O Yes O No Necessary insurance types and conditions a. b.
If evaluation is necessary O Yes O No Necessary evaluation types and conditions a. b.
Mortgagor’s expenses** Insurance expense Notary expense Registration fee Banking fee Other expenses
If a loaner has the ability to pay off the loan and its interest in advance by a lump-sum or a partial payment O Yes O No Advance payment conditions: a. b. c.
If the mortgage contract has been duplicated and briefly introduced. O Yes O No
If Articles 13, 20-26, 41-48 of the “Law on Immovable Property Collateral” have been duplicated and if the legal adjustment have been briefly introduced. O Yes O No Failure to pay the loan on or before the due date will result in loss of your mortgage assets!!!
Unofficial translation *Date of payment, loan amount, if paying partially the date of payments, amount, the official loan amount and its interest should be visible on a separate field. **Payment reference should be evident in percentage. Acknowledged by: ________/Applicant’s full name, passport number, address, authorized representative’s last name, first name, passport number, and occupation/ _______/Signature/ _______/Date/ (Stamp) Presented by: ________/Mortgagee agent’s full name and occupation/ ________/Signature/ (Stamp)