银行业监督管理法迎“系统升级” 丰富风险处置“工具箱” 提升监管有效性

Core Viewpoint - The recent draft amendment to the "Banking Supervision Law of the People's Republic of China" aims to enhance regulatory frameworks and improve the effectiveness of financial governance in the banking sector, reflecting a significant upgrade in the regulatory system to address evolving risks and challenges in the industry [1][2][3]. Group 1: Regulatory Enhancements - The draft amendment expands the existing law from 52 to 80 articles, focusing on comprehensive regulatory coverage, including shareholders and actual controllers, to ensure a full-chain regulatory system [3][4]. - It introduces a full-process regulatory system for shareholders, enhancing oversight to prevent misconduct such as false capital contributions and improper related transactions [4][5]. - The regulatory focus is shifting from merely licensed institutions to encompass critical relationships and processes that underpin banking operations, thereby broadening the scope of regulatory oversight [5]. Group 2: Risk Management and Response - The amendment establishes a robust risk management framework, including early warning and intervention mechanisms, to address potential risks in banking institutions [6][7]. - It aims to enhance the toolbox for risk resolution, allowing regulatory authorities to employ various measures such as restructuring and takeover based on the risk status of institutions [6][7]. - The focus on risk management is designed to ensure timely intervention and minimize the costs associated with financial crises [7]. Group 3: Penalties and Compliance - The draft significantly increases penalties for financial violations, targeting key individuals and actions that pose risks to financial stability, thereby enhancing the deterrent effect of regulatory measures [8]. - It introduces stricter administrative penalties and expands the scope of responsible parties, aiming to elevate compliance standards within the banking sector [8]. - The amendment emphasizes the importance of regulatory effectiveness, which relies on clear enforcement capabilities and the ability to deter non-compliance through increased penalties [8].