Amendments to the charter of an educational institution: main cases. The charter of the enterprise is the main regulatory document. What provisions should be contained in the charter of the organization

Organizations with authorized capital divided into shares (parts) - JSC and LLC - make up the lion's share among all economic entities in our country.

Registering a company in the form of a JSC (joint stock company) is much more difficult than registering an LLC (limited liability company). This is due to the intricacies of creation, execution of constituent documentation, issue of shares, and so on.

The operation of a joint stock company also has its own procedural features, for example, the need to disclose information, approval of a number of transactions by all shareholders, etc. Therefore, the form of a business company in the form of an LLC occurs more often.

Application and necessity

The creation of an LLC is regulated in particular:

  • Civil Code of the Russian Federation;
  • No. 14-FZ “On Limited Liability Companies” (1998);
  • No. 129-FZ “On state registration of legal entities and individual entrepreneurs” (08.08.2001).

To create a company in the form of an LLC, you must joint expression of the will of its founders, expressed in the form of a constituent agreement, and the main document by which the created company will be guided in its activities - the Charter. According to the law, the Charter establishes all the most important issues of the enterprise's activities - from determining the rights and obligations of the founders to the procedure for distributing income (profit) or liquidating (closing) the company.

It is interesting that the agreement on establishment, signed by the participants of the future LLC, does not apply to the constituent documents (Clause 5, Article 11 of the Law on LLC), and if there is only one participant, then it is not necessary at all. But the Charter is necessary in any case, because:

  • is a constituent document;
  • regulates almost all the most important issues of the company’s activities;
  • Without it, it will not be possible to formalize the creation of a legal entity and register with the Federal Tax Service, and therefore, start working legally.

In addition, if any license is required for the company’s activities, it will be possible to obtain it only after registration of the LLC and if this type of activity is indicated in the charter documents.

When and by whom is it compiled?

The charter is the fundamental document of a company in the form of an LLC, so its preparation must be done at the first stage of creating a company, along with the preparation of a constituent agreement and a list of candidates for management bodies.

Although several types of standard charters have already been developed, not a single standard charter has been approved to date. Therefore, when creating an LLC, the founders must still draw up the charter themselves.

This is done immediately after the constituent agreement defines the exact list of participants, the planned location, size, shares of each owner, the procedure and timing for contributing shares to the LLC, as well as information about future joint activities (when and how many times a year general meetings will be convened meetings, how candidates will be nominated for elected positions in society, etc.).

If the company has only one owner, the constituent agreement is not drawn up, however, the above issues must be resolved by him alone in order to include them in the Charter.

The text document of the Charter is drawn up either by the founders themselves, or by a professional lawyer, or for this purpose they engage an organization specializing in the registration of newly created companies.

Learn more about drafting the LLC Charter in this video.

Composition and mandatory items

The charter is drawn up in writing, which does not require certification by a notary or any government agency. The founders of the company are free to independently determine all the most important issues of the activities of the company being created.

It is important to comply with the legal requirements regarding the content of the document:

  • Articles , , , 66.3, Civil Code of the Russian Federation;
  • Articles 4, 12, 32 of the LLC Law;
  • Article 5 of the Law on State Registration of Legal Entities and Individual Entrepreneurs.

Regardless of the type of activity that the founders of the company plan to engage in, the Charter must contain:

  1. Name of the company (full - required, abbreviated - if desired). In this case, the phrase “Limited Liability Company” and the abbreviation “LLC” must be indicated in Russian. There are a number of additional restrictions on the choice of name. For example, you cannot use the names of government agencies or political parties so as not to mislead anyone. Also, you cannot use trade names, product brands, etc. that have already been registered in accordance with the established procedure.
  2. Mandatory location information. The locality is indicated (clause 2 of article 54 of the Civil Code of the Russian Federation).
  3. Amount of authorized capital. It consists of the nominal shares of the founding participants and is necessarily expressed in rubles. The upper limit is not limited, but the minimum is set at 10,000 rubles.
  4. Information about the general meeting of participants (founders), the competence of this company management body. According to the law, only the general meeting decides on the most important issues of the LLC: changing the Charter, the amount of capital, electing an audit commission, distributing the company’s profits for the year, making decisions on liquidation/reorganization and other issues.
  5. On the sole executive body (director, manager, etc.).
  6. Information about the collegial executive body, about the board of directors (including issues of their competence).
  7. Information about the audit commission (auditor) of the company. There is no need to create a commission if there are fewer than 15 founders. In this case, the functions of the commission can be transferred to auditors.
  8. List of rights of LLC participants (participation in management, familiarization with documents and activities, participation in the distribution of profits, procedure for alienation of participants’ shares, exit from the company and receiving a share of property upon liquidation of the LLC, transfer of a share as collateral to third parties, etc.).
  9. List of obligations of participants (the following must be included: non-disclosure of confidential information, participation in mandatory meetings, actions exclusively in the interests of society, a number of other obligations established by the LLC Law).
  10. Withdrawal of participants/transfer of shares in the authorized capital.
  11. Questions about documents, about disclosure of information to other persons.

The Charter can also include other information and provisions that are not prohibited by law, for example, that shares in the authorized capital are contributed only in money (or certain property), on a special procedure for the distribution of profits. It is logical to include the way in which the meeting's adoption of a decision and the composition of the members present are confirmed.

According to Art. 67.1 of the Civil Code of the Russian Federation, the decision must be certified by a notary, and, unless the Charter immediately stipulates otherwise, a notary will have to be invited to each general meeting. In addition, depending on the number of founders, some sections of the Charter are drawn up differently.

With one founder

Significant differences between the Charter of a company founded by one person and a company with several founders mainly affect sections concerning the procedure for making decisions (their execution), the procedure for distributing profits, and the powers of the executive body. All these sections are filled out taking into account the fact that there is only one founder.

Thus, the charter includes a provision stating that on relevant issues decisions are made by a single participant and formalize them in writing. In this case, the presence of a notary is not necessary. In this case, the competence of the sole founder is the same as when establishing a company by 2 or more persons.

As a rule, the only participant assumes directorial responsibilities, but can also appoint another to this position by his decision.

The sole founder of an LLC can be another company (legal entity), but only if it, in turn, does not consist of one person.

With two or more founders

When creating a company by two or more founders (individuals and/or legal entities), the following issues must be addressed in the sections of the Charter:

  • how decisions are made at the meeting, how to formalize such decisions;
  • the procedure for leaving the LLC (whether there is such a possibility or not, and how to carry out this exit);
  • alienation of a share by a participant (in particular, issues of inheritance of shares, payment of compensation to heirs, the possibility of sale);
  • the procedure for distributing profits between participants (taking into account shares, participation in activities, etc.).

The current civil legislation makes it possible for participants to resolve most of these issues independently.

How to prepare a document, stitch it and make changes

After preparing the text of the LLC Charter and other documents, the company should be entered into the Unified State Register of Legal Entities - a register of legal entities maintained in the Russian Federation by the Tax Inspectorate (Federal Tax Service of Russia).

For this purpose, the Charter, together with a set of documents for registration, including payment of the state duty, filling out an application for registration according to , in two identical copies, is submitted to the tax office at the location of the executive body of the company.

Requirements for registration of the Charter:

  • stitched, numbered Charters are submitted in two copies, with the sheets numbered from the second (they do not put a number on the title page);
  • On the back of the Charter, a seal is affixed indicating the bound and numbered pages and the signature of the applicant.

To make changes to the Charter of an already existing LLC, the preparation procedure is repeated: they formalize the decision of the LLC participants, prepare the text of the changes, pay the state fee, fill out an application to the Federal Tax Service and submit it in 2 copies for registration.

Please remember that changes can be made in two ways:

  • prepare a new version of the document;
  • prepare a document containing only the amendments (additions) to the relevant sections of the Charter.

The most frequently required changes relate to changes of address, participants and other issues.

Innovations in legislation in 2018

When drawing up the LLC Charter in 2018, it is necessary to take into account some changes that have occurred in Russian legislation:

  • decisions of LLC participants must be certified by a notary;
  • The exit of the sole founder from the company is impossible:
  • before contributing property to the authorized capital, it should be assessed by an independent appraiser;
  • provides for the possibility of transforming an LLC into a business partnership.

Considering that it is impossible without the Charter, its drafting should be approached thoroughly, providing as fully as possible for all issues, and especially those regulating the order of interaction of participants.

Brings the LLC Charter into compliance with the instructions from this video.

First of all, the charter is necessary for registering an LLC with the Federal Tax Service. The charter contains all the information about the organization: name, composition of the LLC founders (participants), types of activities, shares of participants (founders), etc., and the LLC charter also defines the procedure for the entry and exit of participants.

Information contained in the charter

In accordance with the requirements of the Federal Law on LLCs (dated 02/08/1998 N 14-FZ), the LLC charter must contain the following information:

Information about the name of the Company – abbreviated and full name in Russian and foreign languages.

Information about the geographical location of the Company – legal address.

Information on the composition, rights and responsibilities of the Company's management bodies, including on issues that constitute the exclusive competence of the general meeting of LLC participants, on the procedure for making decisions by the LLC's management bodies, including on issues on which decisions are made unanimously or by a qualified majority of votes. General meeting of participants - LLC participants. The main head of the company is the general director.

Information on the size of the authorized capital of the Company.

Information about the rights and obligations of participants (founders) of the Company.

Information on how a share in the authorized capital of an LLC (or part thereof) can be transferred to another person (donation, inheritance, sale).

Information on how the Company's documents should be contained and on the procedure for providing LLC documents to the Company's participants and other persons.

All clauses of the charter must be drawn up legally correctly, so that there are no double interpretations of the text of the charter, in order to protect the LLC participants and directors from various kinds of negative consequences.

How to draw up an LLC charter

The text of the charter in organizations, in most cases, is standard - such a charter can be downloaded on the Internet. But if it is necessary to provide for any unique conditions/rules for someone in the LLC charter, then a standard charter will not suffice.

Any person familiar with corporate law, especially the law on LLCs, can draw up a charter. This person may be one of the future participants (founders) of the LLC or a qualified lawyer.

The main point that I would like to pay attention to when drawing up the charter is the following - if the general director of the LLC is a hired person, then the Company's participants should pay close attention to the section “Management Bodies”. The fact is that due to incorrectly described conditions, the director may receive significantly more rights in the Company, which will not always have a positive effect on the LLC participants.

How to amend the charter of an LLC

Any changes to the organization’s charter occur after a meeting of the Company’s participants has been held and a decision on changes to the LLC has been formalized. Some changes in the charter must be reflected in the Register of Legal Entities, that is, it will be necessary to formalize the entry of information into the Unified State Register of Legal Entities.

Go to the article “Changing the Articles of Association of an LLC” to learn more about amending the articles of association.

Check it out also.

In accordance with Part 2 of Art. 25 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as the Federal Law “On Education in the Russian Federation”) in the charter of the educational organization along with the information provided for by the legislation of the Russian Federation, must contain the following information:

  • type of educational organization;
  • founder or founders of an educational organization;
  • types of educational programs being implemented with indication and (or) focus;
  • structure and competence, the procedure for their formation and terms of office.

Part 5 Art. 26 of the Federal Law “On Education in the Russian Federation” supplements these requirements: when indicating information about governing bodies, “speaking on behalf of the educational organization” must also be indicated.

Besides, charter educational organization must meet the requirements common to all non-profit organizations, provided for by the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations” (hereinafter referred to as Law No. 7-FZ). These requirements only partially coincide with the norms of the Federal Law “On Education in the Russian Federation” and significantly go beyond their scope.

So, according to Art. 14 Law No. 7-FZ the constituent documents of a non-profit organization must define:

  • the name of the non-profit organization, containing an indication of the nature of its activities and legal form;
  • location;
  • procedure for managing activities;
  • subject and goals of activity;
  • information about branches and representative offices;
  • the procedure for making changes to the constituent documents, i.e., the charter;
  • the procedure for using property in the event of liquidation;
  • other provisions provided for by Law No. 7-FZ and other federal laws.

Example

Law No. 7-FZ provides for the inclusion in the text of the charter of an indication of the type of state (municipal) institution established by civil legislation (budgetary, autonomous, government).

For budgetary and government institutions Art. 14 of Law No. 7-FZ establishes that the charter must contain an exhaustive list of activities that a budgetary or government institution has the right to carry out in accordance with the goals for which it was created. A similar requirement is provided for autonomous institutions by Federal Law No. 174-FZ of November 3, 2006 “On Autonomous Institutions” (hereinafter referred to as Law No. 174-FZ).

This law also additionally establishes the need for mandatory indication in the name of an autonomous institution of the owner of the property (federal, state or municipal). The type of institution (“autonomous”) can be indicated both in the text and in the name (at the discretion of the developers).

An analysis of the above provisions of federal legislation allows us to conclude that in the statutes educational organizations there is no longer any need to prescribe the characteristics of the educational process. According to Art. 30 of the Federal Law “On Education in the Russian Federation,” an educational organization has the right to adopt local regulations in the manner established by its charter. Consequently, detailed regulation of the educational process will be carried out not in the charter, but through the adoption of local regulations.

Regulations on the charter of an educational organization: approval procedure

The legislation establishes a new procedure for approving the charter of an educational organization. If earlier the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education” provided for the adoption of the charter by a meeting of the institution’s staff with subsequent approval by the founder, then from September 1, 2013, the charter is approved in accordance with Law No. 7-FZ - by the founder without prior adoption by collegial bodies ( Clause 1, Article 14).

In accordance with clause 1.1 of Art. 14 of this law, the procedure for approving the charter of an institution is established:

  1. The Government of the Russian Federation - in relation to federal budgetary or government institutions;
  2. the highest executive body of state power of a constituent entity of the Russian Federation - in relation to budgetary or government institutions of a constituent entity of the Russian Federation;
  3. local administration of a municipality - in relation to municipal budgetary or government institutions.

The procedure for approving the charter of an autonomous institution is regulated by Art. 7 of Law No. 174-FZ.

Approval of the charter of an educational organization, taking into account the requirements for the name of the public organization

According to the Federal Law “On Education in the Russian Federation”, the authorized name of an educational organization must contain:

  • indication of the organizational and legal form (for example, “institution”);
  • an indication of the nature of the activity (for example, “educational”);
  • type, determined by the educational program of the highest level being implemented (for example, “general education”);
  • only for autonomous institutions - an indication of the owner of the property, for example, “federal”, “state” or “municipal”.

It should be noted that type indication educational organization (“preschool educational organization”, “general education organization”, “professional educational organization” and “educational organization of higher education”) at the same time indicates the nature of the activity. Consequently, the name does not need to repeat the terms “educational” or “educational institution, general education school,” etc. However, such duplication will not be a violation of the law.

In practice, a tradition has developed to indicate the owner in the name of the educational organization: a municipal, state or federal institution. Such an indication is not contrary to law, although it is not required, with the exception of autonomous institutions.

Thus, make changes to names preschool and general education institutions practically no need, since they fully comply with the Federal Law “On Education in the Russian Federation”. The adjective “professional” will be removed from the names of universities, and the words “higher education” will remain. The name “educational institution of secondary vocational education” should be changed to “professional educational institution” or “professional educational non-profit partnership”, etc. In this case, the words “secondary” and “primary” are excluded from the name.

Founders who decide to create a legal entity need to pay special attention to such a constituent document as the charter. It is in it that the conditions and procedure for conducting the organization’s activities are prescribed. For many legal forms it is the only constituent document. Let us consider in detail what kind of document this is and how it should be drawn up.

Concept

The charter of an enterprise is a document in accordance with which the activities of the company are regulated. It sets the basic rules that are binding, prescribes the rights and obligations of the founders, and resolves other issues.

The document is developed at the stage of opening the organization, approved at the general meeting and submitted, among others, for registration. This is the basis for registration activities. In addition, when the general director is changed or any changes are made, all these actions must be carried out through the registration authority.

Let's consider how the LLC charter should be developed.

Development

Often, instead of a detailed drafting, the founders only use a standard document without paying due attention to it. However, if errors are made in the charter, the registration procedure may be denied. And then you will not only have to finalize it, but also pay the state fee again in order to submit documents for re-registration.

On the other hand, if everything necessary is not written down in the document, changes will have to be made later. And this, in turn, will require a lot of time and paperwork, which can be avoided with proper development. Sometimes, to save time, as well as to avoid making many mistakes, it is more advisable to seek the help of a lawyer. However, the best option is to develop it yourself. The charter of the enterprise can be taken as a basis - a sample, and then it is detailed specifically for your company. The main requirement for the template: it must be drawn up in accordance with all the latest changes in the law.

When filling out a document with text, you need to pay attention to the following points. Firstly, the LLC charter does not include information about its participants. Secondly, information about the share in the authorized capital is also not needed.

Thanks to this, compiling it has now become easier. In the future, if the composition of participants changes or capital is redistributed, the document will not have to be changed. The procedure, however, will be required if there are changes in the details, scope of activity, as well as internal procedures.

Structure

There are certain requirements for registration. Thus, in the charter:

  • indicate its full and abbreviated name;
  • location;
  • reflect all planned types of activities (in this case it is better to stipulate that the company will not be limited to these works);
  • indicate the amount of the authorized capital;
  • rights and obligations of participants;
  • prescribe the possibility of leaving the organization;
  • inform how documents will be stored.

Decor

The easiest way to get acquainted with the rules of registration is when you have a ready-made example of the charter on hand. After preparation, it is stitched, and in this form is submitted for approval at the general meeting.

The form of the charter assumes the presence of a title page, which is not numbered, and all other pages must be marked, starting with the number “2”. The document is sealed on the reverse side, and on the same sheet the number of stitched pages is reported, as well as the initials and surname of the applicant.

Authenticity is certified by a seal. This is necessary in the case when the organization is already operating. But in the case when a document is submitted for the first time, there may not yet be a seal, so its presence is not necessary.

The charter of the enterprise is drawn up in two copies, since government agencies will require the original. In addition, it is advisable to prepare notarized copies of the document after approval. For this purpose, photocopies of all sheets are prepared. But neither the company’s seal nor the manager’s signature is required.

One founder

The specifics of how the document is drawn up may also depend on how many founders the company has. If this is one person, then you can indicate the home address of the general director as the location of the organization.

If this sole founder is the general director, then his term of office is defined as unlimited. It should be taken into account that the founder can be not only an individual, but also a legal entity, which includes, for example, several people. The law allows this. The only limitation in this case is the inability to act as a founder of an LLC if the organization has one founder. Thus, the norm does not give an individual the right to register many limited liability companies in his name.

Several founders

If there is more than one founder, the charter of the enterprise delineates their rights and powers, and also describes the relationship. This may be related to both financial issues and membership relations. The document states whether participants can leave the founders, what issues they decide at the general meeting, what powers are vested in the general director, and more.

In addition, the charter prescribes measures to protect capital, as well as the procedure for alienation in the event of the LLC owner leaving the organization. If it is planned that the founders have the right to buy capital from each other, this procedure should be spelled out in detail, including all the criteria by which the price is determined.

Transfer of capital can also be carried out to third parties. In this case, an act of donation or inheritance is concluded. Then it is necessary to describe the order of transfer. This will help avoid the occurrence of various conflict situations in the future.

Alteration

Amendments to the charter of the enterprise are required if:

  • the address of the organization's location changes;
  • the size of the authorized capital changes;
  • other changes necessary to be reflected in the document are made.

If the decision to edit is made, everything must be registered with the registration authority. Only after this procedure they are considered to have entered into legal force.

Registration

To ensure that no problems arise during the implementation process, all constituent documents of the enterprise must be checked for compliance with the current regulatory framework.

The registration authority is the territorial branch of the Federal Tax Service, to which the location of the organization belongs. With one founder, the home address can be entered. A state fee is paid for the registration procedure.

The package of documents required for registration includes the following:

  • minutes of the meeting of founders or, if there is only one, the decision of the head to create the organization;
  • application for registration on the appropriate form, certified by a notary;
  • charter of a private enterprise, which is sealed and stitched;
  • receipt of payment of state duty.

The same documents are submitted if the existing organization needs to make some changes to the charter. The minutes of the meeting or a single decision in this case is made to make changes. Usually it is necessary to submit two copies, one of which is returned to the applicant, and the other remains with the Federal Tax Service.

If you approach the issue seriously and take into account each of the described points, then the most common mistakes when submitting documents for registration can be avoided. Then, in the future, it will be much easier, if necessary, to make changes to the charter of the enterprise. It is more convenient to use a sample for an existing enterprise than a blank standard document. The photo below, for example, shows the opening pages of the current charter.

Charter of the institution

If we consider a state-owned enterprise, then its owners are representatives of the Ministry of State Property. Thus, the founder in it is the state itself. The charter of a state enterprise is approved by the relevant representative. It reflects information about the goals of the company. It turns out that for this type of organizational and legal form the possibility of carrying out activities is limited to special purposes. The general director of such an enterprise is appointed and dismissed from his position by the owner. The position of companies at the state and municipal levels is currently regulated by the Civil Code and other regulations.

Conclusion

Thus, both private and public companies require a constituent document that clearly outlines future activities. For all types of charters there are essential conditions that must be reflected in the document. But each organization has the right to introduce into it its own internal norms and rules that do not contradict the law.

What information should be contained in the charter of an educational institution? In what cases is it necessary to make changes to an educational institution due to the fact that by July 1, 2016 it is necessary to bring it into compliance with the Education Law?

The educational institution operates on the basis of a charter approved in the manner established by the legislation of the Russian Federation (Clause 1 of Article 25 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”, hereinafter referred to as Law No. 273-FZ) .

Information that the charter of an educational institution must contain

The charter of an educational organization must contain, along with the information provided for by the legislation of the Russian Federation, the following information (clause 2 of article 25 of Law No. 273-FZ):

    type of educational organization;

    founder or founders;

    types of educational programs being implemented, indicating the level of education and (or) focus;

    the structure and competence of management bodies, as well as the procedure for their formation and terms of office.

In addition, other provisions of Law No. 273-FZ require the following information to be indicated in the charter of an educational institution:

    the procedure for management bodies to make decisions and act on behalf of the educational organization (clause 5 of article 26);

    the procedure for the adoption of local regulations (clause 1, article 30);

    rights, duties and responsibilities of employees of educational organizations holding positions of engineering, technical, administrative, economic, production, educational support, medical and other workers performing auxiliary functions (clause 3 of Article 52).

Since an educational institution is an NPO, it is necessary to take into account the requirements for the charter by Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations” (hereinafter referred to as Law No. 7-FZ).

Thus, the following must be included in the charter of NPOs (Article 14 of Law No. 7-FZ) without fail:

1) name containing an indication of the nature of its activities and legal form;

2) location;

3) the procedure for managing activities;

4) subject and goals of the activity;

5) information about branches and representative offices;

6) rights and obligations of members, conditions and procedure for admission to membership of the NPO and withdrawal from it (if the NPO has membership);

7) sources of formation of property;

8) the procedure for making changes to the charter;

9) the procedure for using property in the event of liquidation;

10) other provisions provided for by Law No. 7-FZ and other federal laws.

The charter of an educational institution is approved by its founder (Clause 1, Article 52 of the Civil Code of the Russian Federation):

    for government - federal or regional authorities;

    for municipal - municipal authorities;

    for private educational organizations of general education - their founder or founders.

Main cases of amendments to the charter of an educational institution

The need to amend the charter of an educational institution may arise in the process of economic activity, as well as in connection with changes in current legislation.

Important!

The names and charters of educational institutions were subject to being brought into compliance with Law No. 273-FZ no later than January 1, 2016. This period has been extended in accordance with the amendments introduced by the Federal Law of December 30, 2015. No. 458-FZ until July 1, 2016 (clause 5 of Article 108 of Law No. 273-FZ).

In practice, this means that the founders of educational institutions are obliged to make changes to the charters in accordance with the requirements of Law No. 273-FZ.

One of the organizational and legal forms of NPOs is educational institutions. In this regard, the question arises: is it necessary to rename the “institution” to “organizations” (amend the charter of the educational institution)?

Important!

Explanations regarding cases of amendments to the charter of educational institutions are given in Letters of the Ministry of Education and Science of the Russian Federation dated 08.25.2015 No. AK-2453/06, dated 07.09.2013 No. DL-187/17, dated 06.10.2013 No. DL- 151/17.

Thus, if the type of educational institution does not change, then renaming it and making changes to the charter is not required. For example, nothing needs to be changed (if the type of educational organizations remains unchanged) if educational institutions have the name “Municipal educational institution”, “Municipal budgetary educational institution”, etc. That is, the term “institution” does not need to be changed to the term “organization”.

Important!

If the type of educational institution changes, it is necessary to make changes to the charter.

The types of educational organizations are given in paragraph 2 of Article 23 of Law No. 273-FZ:

    preschool educational organization;

    general education organization;

    professional educational organization;

    educational organization of higher education.

For example, if the institution has the name “Municipal Budgetary Educational Institution “School”,” then it is necessary to make changes to the charter (the new name is “Municipal Budgetary Educational Institution “School”). Special (correctional) educational state institutions for students and pupils with disabilities should be renamed into general educational state institutions, and educational institutions for additional professional education (advanced training) of specialists - into institutions of additional professional education.

In addition, the Ministry of Education and Science of the Russian Federation (Letter No. DL-151/17 dated June 10, 2013) clarified the list of optional information indicated in the name of the educational institution:

    indication of the type for state and municipal institutions (state-owned, budgetary, autonomous);

    indication of the form of ownership (“state”, “municipal” or “private”);

    an indication of the features of the educational activities being carried out (the level and focus of educational programs);

    inclusion in the name of the official name “RF” or “Russia”, as well as words derived from this name by special permission;

    use in the name of a citizen’s name, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright.