银行业监督管理法修订草案首次提请审议 强化穿透式监管

Core Viewpoint - The draft amendment to the Banking Supervision and Administration Law was submitted for the first review at the 19th meeting of the 14th National People's Congress Standing Committee, aiming to strengthen penetrating supervision, improve regulatory measures, and enhance financial consumer protection [1][3]. Group 1: Strengthening Penetrating Supervision - The draft extends the regulatory scope from banking financial institutions to their major shareholders and actual controllers, imposing requirements on entry conditions and capital contributions, and strictly combating illegal related transactions and capital withdrawal [1][3]. - The current Banking Supervision and Administration Law, enacted in 2004 and amended in 2006, has played a positive role in strengthening banking supervision and promoting healthy development, but recent rapid developments in the banking sector necessitate legal amendments [1][3]. - The draft aims to address issues such as incomplete coverage of regulatory objects, insufficient regulatory measures, and inadequate risk disposal mechanisms, thereby enhancing supervision and risk prevention [1][3]. Group 2: Improving Regulatory Measures - The draft clarifies the reporting obligations of banking financial institutions and their major shareholders and actual controllers, and mandates diligence from banking service institutions such as accounting and law firms [2][4]. - New regulatory measures include orders to transfer assets, supplement capital, and transfer actual control, enhancing the ability to resolve risks promptly [2][4]. - In the event of risks, the State Council's banking regulatory authority can take measures such as restructuring, takeover, or revocation [2][4]. Group 3: Enhancing Financial Consumer Protection - The draft improves consumer protection responsibilities, establishes a consumer protection mechanism, and strengthens management of practitioners, prohibiting false advertising and illegal charges that harm customer rights [5]. - It also emphasizes the protection of personal information [5].