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Practice

Practice area

As a law firm we advise corporate international clients and individuals on matters of law with respect to wide ranging issues, including but not limited to:

•    Commercial and company law practices such as incorporation or setting up a business entity,
•    Merger and/or acquisition, shares/stock purchase, procurement of goods and services both domestically and abroad,
•    Dealing with different taxation, banking, financial services,
•    Transportation (air and rail transport),
•    Telecommunications,
•    Immigration,
•    Labor/employment,
•    Land; mining, environment,
•    Contract,
•    Intellectual property,
•    Dispute resolution issues and related litigation in courts (including the constitutional court), tax tribunals and arbitration courts and other areas.

The Law Drafting Projects ELC assisted includes, but not limited to, Draft Laws on Telecommunication, Financial Services, Administrative Procedures, Anti-Corruption and Money Laundering, and Amendment to Minerals Law. We have also advised clients by developing Loan Documents, Legal Opinions, Investment Agreements with the Government of Mongolia (Oyu Tolgoi Project and Boroo Gold LLC), Government Procurement Agreements, Settlement Agreements, Companies Incorporation/Restructuring Documents, Merger and Acquisition Arrangements, Stock Purchase and other transactions.

The Company is also engaged in business consulting that is focused on research of problematic issues, analysis and recommendation, research and survey regarding policy and legal regulation of national and local economies, trading and businesses. Through this activity the Company is trying to facilitate the decision making process at both national and local government levels. We have participated, among others, in preparing recommendation to the Third Financial Sector Program, ADB funded TA to Mongolian Government to further improve financial markets in Mongolia, and did a study on "Russia’s Accession to The World Trade Organization, Fact-Finding Analysis on Mongolian-Russian Non-Tariff Barriers and Standards in Trade", for Deutsche Gesellschaft fuer Technische Zusammenarbeit (GTZ German Technical Cooperation Agency). We also advised USAID, EBRD and ADB, Energy Regulation Authority, the Financial Regulation Commission and the Communication Regulation Commission to improve respective regulatory legislation.

Clients

Our private clients included, but are not limited to: Blue Bandana LLC (UK, Germany travel), Boroo Gold LLC (Canada mining), CAPMEX ("Capital Market Experts" Austria consulting in financial sector regulation), CarlBro Corporation (Denmark road construction), Chemonics (USA consulting in energy sector regulation), Cold Gold Mongolia (New Zealand mining), Energy Resource LLC (Mongolia mining), Energy Resource Rail LLC (Mongolia, railway), Ezinis Mongolia LLC (Mongolia, airline carrier), Fish Mongolia LLC (UK travel), ING Bank (Singapore, banking), Intelecon (Canada, consulting in communication regulation), Ivanhoe Mines Mongolia (Canada, mining), Marubeni Corporation Rep. Office (Japan trading), MCS APB (brewery), MCS Electronics (electronics and computer supply), MCS Holding LLC (Mongolia, trading), Mercy Coprs International Inc (USA nonprofit), Mitsui Corporation Rep Office (Japan trading), MM Sriwani (Malaysia duty free shop), QGX Mongolia (Canada, mining), Troy Mongolia (Australia, mining), Rio Tinto Mongolia (UK, mining), Shangri-La Office (Hong Kong, Property management), Siemens Rep. Office (Germany, trading), the World Bank, the Asian Development Bank, Open Society Forum (formerly Soros Foundation, Mongolia, nonprofit), World Growth Inc (USA, nonprofit), Valiant Art LLC (Mongolia, promotion of arts) and others.

Our work includes supporting both Mongolian and international businesses in their day-to-day dealings that relate to banking, financing, M&A, private equity, real estate, construction, tax, mining, environment, and industrial relations.

A few examples of our work:

•    We are advising Energy Resources LLC and its affiliates in implementing transportation projects such as building auto and railways in the Gobi area of Mongolia that requires dealing with multiple partners: the central and local governments, investors, contractors and suppliers.
•    We acted for a Mongolian entity to secure a loan from ING and related guarantee from Asia Pacific Brewery group - We advised Mongolian Mortgage Corporation to purchase its first ever mortgage loan from a commercial bank in Mongolia.
•    We advised Kerry Holding Group on its office incorporation in Mongolia and further acquisition of interests in Mongolia.
•    We advise Shangri-La Ulaanbaatar LLC on the leasing of office space to various tenants in Ulaanbaatar, Mongolia.
•    We advised the State of Kuwaiti Embassy on its development project in Ulaanbaatar, Mongolia.
•    We successfully registered “Grandkhaan” trademark for “Spirt Bal Buram” Joint Stock Company of Mongolia as an international trademark through World Intellectual Property Organization based on Madrid Convention. Now the trademark is protected in over 20 countries.

Professional fees

We consider several factors in determining the reasonableness of our fee including:

•    The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
•    The likelihood, if apparent to the client, that acceptance of the particular employment will preclude other employment by the lawyer;
•    The time limitations imposed by the client or by the circumstances.

The Types of Fees

There are different legal fees set, a few of the fee arrangements may be as following:

1. Contingent fee: This fee is paid only where a matter successfully completed and a recovery affected. (Such arrangements are common in our practice where our client is a plaintiff). The contingent amount can also be combined with other types of fees including the ones described below.

2. Time Charges: We normally charge on the time-spent basis for our professional services. In order to use a time as billing bases we establish a rate per hour (see below), which then can be used to convert the hour spent into money to be charged. The actual billing rate for our services is set at a figure, which is higher or lower than the cost rate calculation.

3. Lump Sum fee: This fee is paid when the task to be completed is fairly clear, however in terms of timing, the required time period can be flexible. The task may be completed within a brief period of time, but due to circumstances out of the control both by the Client and us it may require lengthy period. We usually set a maximum hours required and the corresponding fee serves as the cap.

4. Retainer agreement: Retainer agreement is one common and convenient method of rendering services to a client and maintains availability of lawyers in the law firm during the period of the retainer agreement. Generally, negotiation will determine the amount and the period for such agreement.

Translation/interpretation charges

Bayar Budragchaa is the Ministry of Justice and Home Affairs licensed translator for interpreting and translating for judicial and legal proceedings.

Translation charges are calculated on the basis of the pages translated multiplied by the applicable rate and for professional interpretation services for meetings, negotiations, trade shows and other events charges are calculated on the basis of the hours interpreted multiplied by the applicable rate.