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According to the provision of the Paragraph 18.9, Article 18 of the Law on Civil Registration, an application of a citizen to change his/her name should be received at the unit of soum or district in charge of state registration affairs or by its employee. In follow to this law: the Director of the General Department of State Registration approved in 2011 the Regulation on Change of Citizen‘s Family Name, Parental Name or First Name.

According to this regulation, a citizen may change his/her name once in the following cases:

A citizen may change his/her name once...

• if the names on the state civil registration certificate and national identification card are different;
• if the citizen applied to change his/her name because it was difficult to pronounce, write or it was weird.

An application to change a name must contain the applicant’s family name, parental name, name, and date of birth, residential address, family status, born and adopted children’s family names, parental names, names, the applicant’s chosen name and reasons for name change.

An application must be attached the documents listed in the Paragraph 18.4, Article 18 of the Law on Civil Registration as follows:

• birth certificate, certificate from the civil documentation archives;
• copy of the national identification card;
• birth certificates and certificates from the civil documentation archives for children under 16 years;
• if the applicant has children of 16 years and over, their written permission and copy of their national ID cards;
• if the applicant is married, the marriage certificate;
• police clearance certificate;
• certificate from relevant office on whether any bank or tax debt exists or not;
• reference from the archives on whether the name change occurred or not previously.

A state registrar of soum or district shall examine the documents provided by a citizen within 7 days. If the documents are not complete, the registrar shall inform the applicant thereof. After examination, if the registrar decides that grounds exist for changing the citizen's name, he/she will submit the file to the Governor of soum or district within l4 days, and the Governor will issue within 14 days an Order to change the citizen’s name. As provided in the Law on Civil Registration, it is prohibited to change the family name, parental name or name of a suspect, convict, accused, imprisoned person or a person serving a sentence.

According to the Article 46 of the Law on Notary, a notary shall certify the following agreements and deals:

• real estate transfer deals;
• contracts concerning matrimonial property rights;
• deals generating the right to own an independent housing;
• easements and usufructs;
• maintenance agreements;
• agreements on transfer of rights;
• loan agreements;
• agreements on transactions of stocks and other securities transferring them to the ownership of others.

Contracts and transactions that have to be certified by a notary must meet the following requirements:

• they must comply with the law; -they must clearly set out the content and principal terms of the contract;
• they must satisfy the principle of equality between the parties. The notary has to examine whether the contract or transaction is being done under pressure, coercion or influence of others.

Also, the notary has to clarify whether the parties are conscious of the legal consequences of the transaction. If any of these requirements and conditions is not met, then the notary may refuse to certify the contract or transaction.

Source: The Mongol Messenger ©

Lawyer's advice. In cooperation with Hanns-Seidel-Foundation Project Mongolia and its “Legal Education" Academy