银监法修订草案公开征求意见 监管链条延至主要股东等“关键人” 风险处置工具箱更丰富

Core Viewpoint - The revised draft of the Banking Supervision Law aims to enhance regulatory frameworks and address existing gaps in supervision, focusing on comprehensive oversight of financial institutions and their stakeholders [1][2]. Regulatory Scope - The revised draft expands the regulatory scope to include new types of financial institutions such as financial holding companies, wealth management companies, and consumer finance companies, aligning legal applicability with the current licensing system [2]. - It emphasizes the inclusion of major shareholders and actual controllers in the regulatory framework to mitigate risks stemming from improper interventions and related party transactions [2][3]. Shareholder Regulation - The revised draft institutionalizes shareholder regulation, establishing clear legal responsibilities for major shareholders and actual controllers regarding compliance with related party transactions and information disclosure [3]. - It aims to prevent the abuse of shareholder rights that could harm banks and their clients, thereby enhancing accountability and enforcement mechanisms [3]. Risk Management and Market Exit - The revised draft addresses legislative gaps in risk management and market exit strategies, allowing regulatory authorities to implement early corrective measures for financial institutions facing risks [3][4]. - It introduces a structured framework for risk resolution, including options for restructuring, reorganization, and takeover, while maintaining market-oriented and legal principles [3][4]. Enforcement Measures - The revised draft includes specific enforcement measures for institutions violating prudent operational rules, such as restricting or suspending certain business activities and mandating capital replenishment from major shareholders [4][5]. - It enhances consumer protection obligations for financial institutions and significantly increases penalties for violations, aligning with the new Administrative Penalty Law [5].