强化穿透式监管 中国拟修银行业监督管理法

Core Viewpoint - The proposed revision of the Banking Supervision and Administration Law aims to enhance regulatory measures, extending oversight to major shareholders and actual controllers of banking institutions, and addressing issues such as illegal related transactions and capital withdrawal [1][2]. Group 1: Regulatory Enhancements - The draft law includes 6 chapters and 80 articles, focusing on strengthening regulatory requirements and improving the licensing management system for banking institutions [1]. - It emphasizes the need for a "penetrating" regulatory approach, extending oversight to major shareholders and actual controllers, with specific requirements regarding entry conditions and capital obligations [1][2]. Group 2: Risk Management and Consumer Protection - The draft law establishes reporting obligations for banking institutions and their major shareholders, and mandates diligence from service providers like accounting and law firms [2]. - It introduces new regulatory measures such as asset transfer orders, capital supplementation, and actual control transfer to enhance risk resolution capabilities [2]. - Consumer protection responsibilities are reinforced, with the establishment of a consumer dispute mediation organization and measures to safeguard consumer rights [2]. Group 3: Legal and Penalty Provisions - The draft law specifies the extraterritorial applicability of its provisions and enhances legal responsibilities, increasing penalties and fines for violations [2].